Joni Jessica Gomes sues 34 Degrees over alleged post-license use of product photographs

The complaint

Joni Jessica Gomes v. 34 Degrees, LLC, No. 1:26-cv-27603 (S.D. Fla., Miami Division), was filed October 27, 2026 (13 pages, with Exhibits A to D). The plaintiff is Joni Jessica Gomes, an individual residing in Miami-Dade County, Florida, whom the complaint describes as a professional photographer and as the copyright claimant, in her own name, on the registration at issue. The defendant is 34 Degrees, LLC, a Colorado limited liability company with an address in Denver. The complaint demands a jury trial. (Compl. caption; paras. 2 to 3, 7; jury demand.)

The contract and the works

The complaint alleges that on or about February 16 and 19, 2024, the parties executed a written Photography Service Contract (Exhibit A) with a start date of March 1, 2024 and an end date of April 30, 2024, calling for three product image shoots of five images each. It alleges the Contract states that Gomes retains the copyrights in the content she created and grants 34 Degrees an exclusive but limited license for digital and print uses in the United States for 24 months from the Contract's end date, which it alleges expired at the end of April 30, 2026. It alleges that after the license expires the content may not be used for marketing and advertising, that continued website or ecommerce use requires a signed renewal agreement, and that a separate exception for certain older social media posts does not reach website and ecommerce uses. It alleges that on April 11, 2024, before the alleged infringement began, the U.S. Copyright Office registered a group of 16 published photographs entitled "34 Degrees March April Shoots" under Registration No. VA 2-405-322, identifying Gomes as author and claimant. The Copyright Office public record for VA 2-405-322 shows that registration, dated April 11, 2024, with Gomes as claimant. The complaint describes the two photographs as product and food spreads featuring Original Cheese mates and Rosemary & Garlic mates packaging. (Compl. paras. 7 to 12.)

What the complaint alleges

The complaint alleges 34 Degrees continued to display and use the two photographs after April 30, 2026 to market its products, including on its website and on an Amazon product listing, without a signed renewal or a renewal fee. It alleges Gomes sent a demand letter dated June 10, 2026, and that the defendant, through an officer, acknowledged the two photographs and said it had begun removing them from its Amazon listings and website. It alleges the continued use violated exclusive rights under 17 U.S.C. 106(1) and (5), was intentional, including after notice, and also breached an express post-license contractual obligation. It alleges the contract consents to exclusive venue and jurisdiction in courts in Miami-Dade County. (Compl. paras. 1, 5 to 6, 13 to 17, 20 to 22, 24 to 27.)

The counts and relief

Count I alleges copyright infringement under 17 U.S.C. 106 and 501. Count II alleges breach of the written contract under Florida law. Gomes seeks actual damages and profits or, at her election, statutory damages under 17 U.S.C. 504, including any enhancement for willfulness, and statutory damages for each infringed work to the extent the law and evidence permit; a permanent injunction under 502; costs and, on the copyright count, attorney fees under 505; compensatory contract damages without duplicative recovery; and interest. (Compl. paras. 18 to 28; prayer.)

The docket

A summons issued to 34 Degrees, LLC on October 28, 2026. On October 30, 2026, the docket records a pretrial order and an order referring the case to a magistrate judge. (Docket entry 7; entries of Oct. 30, 2026.)