The complaint

Bee Creek Photography LLC v. Lov3 Restaurant & Lounge, LLC, No. 4:26-cv-09372 (S.D. Tex.), was filed October 23, 2026. The complaint is signed by Craig Sanders of Sanders Law Group in Uniondale, New York. It pleads jurisdiction under 28 U.S.C. 1331 and 1338(a) and venue under 28 U.S.C. 1391(b)(2) and 1400(a), and Bee Creek demands a jury trial.

The photograph

The complaint says an individual photographer created the photograph, a nighttime aerial view of the Houston skyline, and first published it November 9, 2017, and that Bee Creek, a Texas photography company, acquired the rights by a written assignment. It says the photograph was registered January 9, 2018 under Registration No. VA 2-083-372. The Copyright Office record for that registration, a group registration of published photographs, names an individual, not Bee Creek, as author and claimant.

What it alleges

The complaint alleges that on or about October 25, 2023 Lov3 posted the photograph to its Instagram account, @lov3houston, as part of an online advertisement, and that Bee Creek first observed the post on July 19, 2024. It says Bee Creek, through counsel, sent a cease and desist demand on or about February 28, 2026 and a follow up on or about March 30, 2026, and that Lov3 failed or refused to adequately address its claims. The single count pleads direct copyright infringement under 17 U.S.C. 501 and alleges the infringement was willful.

Relief sought

Bee Creek asks for actual damages and profits under 17 U.S.C. 504(b) or, at its election, statutory damages under 504(c), an injunction under 17 U.S.C. 502, costs and fees under 17 U.S.C. 505, and interest.