Chalk & Vermilion sues Fine Art America over print-on-demand copies of Erté's Alphabet series

The complaint

Chalk & Vermilion, L.L.C. v. Pixels.com, LLC d/b/a Fine Art America, No. 7:26-cv-09626 (S.D.N.Y.), was filed November 3, 2026, ECF No. 1, with a jury demand, and, the complaint says, properly designated to White Plains. Chalk & Vermilion is a Connecticut limited liability company. The complaint describes the defendant, on information and belief, as an Illinois limited liability company based in Santa Monica, California, that runs the FineArtAmerica.com online marketplace and print-on-demand service.

The works

The works are the 26 compositions of the Alphabet series by Romain de Tirtoff, known as Erté (1892 to 1990), in which human figures form the letters of the alphabet. The complaint says Chalk & Vermilion owns the copyrights by written assignment and that each letter has its own registration with an effective date of August 1, 2022. The Copyright Office records list 26 registrations, A (Alphabet) through Z (Alphabet), numbered VA 1-437-264 through VA 1-437-289 in letter order except that R and S carry the last two numbers, each with a registration date of August 1, 2022 and each naming Chalk & Vermillion, LLC, as the records spell it, as claimant by written assignment of all U.S. rights.

The alleged infringement

The complaint alleges that in about April 2026 the website displayed copies of more than 200 Erté works and offered reproductions for sale, including several Alphabet works, and alleges, on information and belief, that the display extended to all 26. It says a purchaser acting for the plaintiff bought a print of L (Alphabet) for delivery to White Plains, New York, for $126. It alleges a related entity of the plaintiff corresponded with the defendant in 2021 about Erté works, that counsel sent demands on about June 23 and August 27, 2026, and that after the first demand the Erté listings fell from over 200 to about 75 while letters C, L, M, Q and Z remained.

The claims and relief

Counts I through XXVI each plead direct copyright infringement under 17 U.S.C. § 501, one count for each Alphabet work, and allege willful infringement. The prayer seeks a judgment of liability on all 26 counts, a finding of willfulness and bad faith, damages, an accounting of profits, statutory damages of up to $150,000 per work under § 504(c)(2), costs and attorney's fees under § 505, interest, a permanent injunction, destruction of infringing copies under § 503(b), retained jurisdiction, and other relief.

Docket

The docket shows the complaint, civil cover sheet, Rule 7.1 disclosure statement, AO 121 copyright forms, and a summons issued. A November 4, 2026 case opening initial assignment notice assigns the case to Judge Nelson Stephen Roman, and a docket entry the same day designates Magistrate Judge Judith C. McCarthy to handle matters that may be referred.