Michael Grecco Productions sues Literally Media over a Star Trek promotional still on Cracked.com

The complaint

Michael Grecco Productions, Inc. v. Literally Media Ltd., No. 1:26-cv-05880 (E.D.N.Y.), was filed September 22, 2026 (7 pages). The plaintiff is a California corporation based in Santa Monica that the complaint describes as a photography agency that owns and licenses a photographer's images. Literally Media is an Israeli company with places of business in Herzliya, Israel and Brooklyn, New York, that the complaint says publishes comedy and culture brands, and, on information and belief, is responsible for content on cracked.com. The plaintiff demands a jury trial. A docket entry dated September 23, 2026 assigns the case to Judge Natasha C. Merle and Magistrate Judge Robert M. Levy. (Compl. caption; paras. 4 to 7; Docket.)

The work

The complaint alleges the plaintiff owns a promotional still photograph of an actress as the character Kira Nerys from the television series Star Trek: Deep Space Nine, registered before the alleged infringements to Michael Grecco Photography, Inc., its predecessor in interest, as VA 1-736-729, effective July 7, 2010. The Copyright Office public record for VA 1-736-729 lists claimant Michael Grecco Photography, Inc. and a registration date of July 7, 2010. (Compl. paras. 13 to 14; Copyright Office record.)

What it alleges

The complaint alleges that on or around December 13, 2020 and September 22, 2022 the defendant, or someone acting for it, copied the photograph and displayed it on cracked.com in two articles, and that the plaintiff discovered the uses on or about September 10, 2026 and August 4, 2026. It alleges, on information and belief, that the infringement was intentional or in reckless disregard of its rights. (Compl. paras. 16 to 21, 29.)

The count and relief

The single claim pleads copyright infringement under 17 U.S.C. 501. The prayer asks for preliminary and permanent injunctions, an accounting, impoundment under 17 U.S.C. 503, actual damages and profits or, at the plaintiff's election, statutory damages, interest, and fees and costs. (Compl. paras. 22 to 32; Prayer.)