What was filed
The complaint is Document 1 in No. 1:26-cv-06727, U.S. District Court for the Eastern District of New York, Brooklyn Division, filed and dated October 19, 2026 (7 pages). The plaintiff is Morgan Howarth, who the complaint says is a photographer based in Washington, D.C., with over 25 years of experience, focusing on interior and architecture work. The defendant is Etsy, Inc., which the complaint describes as a Delaware corporation with its principal place of business in Brooklyn, New York, and as a global e-commerce marketplace that connects buyers and independent sellers. Counsel for Howarth is Joseph A. Dunne of SRIPLAW, P.A., New York, New York. Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338(a), and venue under 28 U.S.C. 1391(b) and (c) and 1400(a). Howarth demands a jury trial. (Compl. paras. 1 to 9; pp. 6 to 7.)
The photograph and its registration
The work is an interior architecture photograph of a kitchen, reproduced in the complaint and titled there by its location in Glenwood, Maryland, which the complaint says Howarth created in 1997. The complaint says Howarth registered the photograph as part of a group registration, but the spaces for the registration date and number are blank. It says the certificate is attached as Exhibit 1. Exhibit 1 and Exhibit 2, which the complaint offers as evidence of the infringement, are not publicly available. (Compl. paras. 10 to 13, 21, 26.)
What the complaint says Etsy did, and what it says a third party did
The direct infringement allegations are aimed at Etsy itself. The complaint alleges that Etsy copied the photograph from the internet to advertise, market, and promote its business; that it then made further copies and distributed the photograph on the internet to promote the sale of goods and services as part of its regular business activities; and that Etsy has never been licensed to use it. It identifies a single use: a Pinterest pin, at a URL the complaint lists, that it alleges was "identified as originating from the Etsy Platform" and directed users to an Etsy listing through a clickable "Visit" link. It alleges, on information and belief, that the photograph was displayed in connection with an Etsy listing through that Pinterest post. It says Howarth learned of the use within three years before filing. (Compl. paras. 3 to 4, 14 to 20.)
The complaint does not say who created the Etsy listing or the Pinterest post, and it does not name or describe any Etsy seller; its only reference to sellers is its description of Etsy as a marketplace. In a second count headed "Vicarious Copyright Infringement," it alleges, on information and belief, that an unnamed "third party" copied, displayed, and made derivatives of the photograph; that Etsy has a direct financial interest because it derives profits from "the Website" displaying the photograph; and that Etsy had the ability to stop the display but allowed it to remain. That count is pleaded "to the extent" the acts were performed by the third party alone. (Compl. paras. 3, 32 to 36.)
The complaint pleads no facts about a DMCA takedown notice, Etsy's designated agent, or the safe harbors in 17 U.S.C. 512, and it does not mention the DMCA. The only pre-suit contact it describes is that Howarth notified Etsy of the allegations on November 19, 2025, and that the parties have not resolved the matter. Count I alleges that Etsy's acts were willful. (Compl. paras. 23, 29.)
Counts and relief
Count I alleges direct copyright infringement under 17 U.S.C. 501 by copying, displaying, distributing, and making derivatives of the photograph. The second count alleges vicarious infringement under 17 U.S.C. 501. The prayer seeks preliminary and permanent injunctions; actual damages and Etsy's profits or, at Howarth's election, statutory damages under 17 U.S.C. 504; attorneys' fees and costs under the applicable statutes; and interest. The complaint states no dollar amount. (Compl. paras. 24 to 38; p. 6.)