The complaint
Image Professionals GmbH d/b/a StockFood v. BMR Enterprises Inc. d/b/a Soho Pizza, No. 1:26-cv-01707-AMN-PJE (N.D.N.Y.), was filed September 10, 2026 (7 pages). The plaintiff is a German company based in Munich that licenses a library of about one million food images. The defendant is a New York corporation that, the complaint says, owns and operates a pizza restaurant in Albany. The complaint pleads one count of copyright infringement. (Compl. caption; paras. 1 to 2, 6, 12.)
The work
StockFood alleges one of its contributor photographers created a photograph of a tossed salad with croutons titled "00649539", that the photograph was registered by its wholly owned U.S. subsidiary, which in 2020 transferred its copyrights and registrations to StockFood, and that written agreements give StockFood exclusive rights in the photograph and the right to sue. Exhibit A identifies the registration number and Exhibit B attaches the certificate. (Compl. paras. 8 to 11.)
What it alleges
The complaint alleges that after registration the defendant displayed the photograph on its website, social media, or printed media to advertise its business, that it never sought a license, and, on information and belief, that it found the photograph online and copied it. StockFood says it discovered the use in July 2024 and notified the defendant in writing, and it alleges willfulness, pointing to the copyright notice on the defendant's website. (Compl. paras. 13 to 19, 27.)
Relief sought
StockFood asks for declarations that the defendant infringed and that the infringement was willful, actual damages and profits or, at its election, statutory damages, costs and attorneys' fees under 17 U.S.C. 505, interest, and a permanent injunction. (Compl. Prayer a to g.)
Docket activity
A September 10, 2026 filing order set an initial conference for December 9, 2026 in Albany before Magistrate Judge Paul J. Evangelista. The summons issued the same day, and a proof of service filed October 22, 2026 states that the defendant was served October 16, 2026, with an answer due November 6, 2026. (ECF Nos. 2, 6, 9.)