The complaint
Matthew Anderson v. East West Marble Company LLC, No. 1:26-cv-02917-PTG-WEF (E.D. Va., Alexandria Division), is a thirteen-page complaint filed September 3, 2026, ECF No. 1, with a jury demand. The docket shows the case is assigned to District Judge Patricia Tolliver Giles and Magistrate Judge William E. Fitzpatrick.
The photograph
Anderson describes himself as a photographer of residential, commercial, and hospitality spaces. He alleges he first published the photograph on December 19, 2018, and that it was registered on February 3, 2020, as VA 2-197-060.
What it alleges
The complaint alleges that East West Marble owns and operates an Instagram account used to advance its business, and that on or about August 11, 2023 it reproduced and displayed the photograph in an Instagram post without permission. It alleges Anderson first observed the post on September 14, 2023. Many allegations about the company's knowledge, staff, and control of the account are made on information and belief. The first cause of action pleads direct copyright infringement under 17 U.S.C. § 501. The second pleads vicarious copyright infringement, alleging on information and belief that the company had the right and ability to supervise the people who manage the account.
Anderson seeks actual damages and profits or, at his election, statutory damages under 17 U.S.C. § 504, an injunction under 17 U.S.C. § 502, attorneys' fees and costs under 17 U.S.C. § 505, and interest.
On the docket
The summons return filed October 14, 2026 states that East West Marble was served on September 30, 2026, with an answer due October 21, 2026.