What was filed
The complaint is Document 1 in No. 2:26-cv-07623, U.S. District Court for the Eastern District of Pennsylvania, filed October 5, 2026. The plaintiffs are Hard Knocks Unlimited, Inc. (HKU), a Pennsylvania corporation; Allan Lane, its owner and CEO; and Michael Spain-Smith, a professional photographer. The defendants are Barber Companies, Inc., which the complaint describes on information and belief as an Alabama business entity based in Birmingham, Alabama; Barber Motorsports Museum; and Barber Vintage Festival. The complaint describes the museum and the festival, also on information and belief, as business entities or affiliated operations associated with Barber. The complaint demands a jury trial. (Compl. paras. 1 to 6 and p. 9.)
What the complaint alleges
The complaint alleges that in or about April 2015 Spain-Smith photographed Eraldo Ferracci at Fast by Ferracci in Willow Grove, Pennsylvania, that Lane and/or HKU commissioned and licensed the photographs from Spain-Smith for HKU's publication, Sportbikes Inc. Magazine, and that they ran online in May 2015 and May 2018. It alleges that Spain-Smith owns the copyrights, that HKU and Lane hold contractual and/or exclusive license rights with Spain-Smith sufficient to support standing, and that Spain-Smith registered the photographs with the Copyright Office on January 20, 2026. The complaint's text does not give a registration number. (Compl. paras. 3, 11 to 16.)
According to the complaint, the defendants used the photographs to promote the October 2025 Barber Vintage Festival in Birmingham, Alabama, in social media posts, a wrap-up press release, posters, and auction materials. It alleges Barber commissioned artist Katherine Anne Hicks to make a painting and posters from the photographs, which were used for the festival and associated fundraising and auction activities, and artist Makoto Endo to make a live painting at the festival from one of them, and that the Endo painting was auctioned. It alleges the plaintiffs sent demand letters dated December 23, 2025 and February 4, 2026, the second after getting no response to the first, and that on May 25, 2026, after registration, the defendants used the photographs on their website to promote various activities, including speakers for their events. (Compl. paras. 18 to 25, 29.)
The complaint has three counts against all defendants: copyright infringement under 17 U.S.C. 106 and 501, willful copyright infringement under the same sections, and vicarious and/or contributory infringement. It alleges the uses were not protected under 17 U.S.C. 107 or 113. It asks for a preliminary and permanent injunction; removal of the photographs and derivative works from media under the defendants' control; an accounting; actual damages, the defendants' profits, and/or statutory damages; enhanced damages for willful infringement, to the extent available; costs and reasonable attorneys' fees under 17 U.S.C. 505; pre-judgment and post-judgment interest; and impoundment and/or destruction of infringing copies and derivative works. (Compl. paras. 30 to 55 and prayer 1 to 9.)