The complaint
Image Professionals GmbH d/b/a StockFood v. I and M Restaurant, LLC d/b/a Marsalas Italian Grill, No. 4:26-cv-09328 (S.D. Tex.), was filed and dated October 22, 2026 (7 pages). The plaintiff is Image Professionals GmbH, a German limited liability company with its principal place of business in Munich, Germany, that the complaint says operates the StockFood food-image library. The defendant is I and M Restaurant, LLC, a Texas limited liability company with its principal place of business in Conroe, Texas, doing business as Marsalas Italian Grill. (Compl. caption; paras. 1 to 2.)
The photograph
The complaint alleges a professional contributor photographer created a photograph of spaghetti and meatballs titled "00634692" (the Work), that StockFood America registered the work with the Register of Copyrights, and that in November 2020 StockFood America assigned the copyrighted materials and registrations to Image Professionals. It says written contributor agreements convey exclusive reproduction and distribution rights and the right to sue for infringements. The complaint refers to Exhibit A for the registration number and screenshots and Exhibit B for the certificate; those exhibits are not available for free online. (Compl. paras. 8 to 11.)
What it alleges
The complaint alleges that on January 13, 2021, after registration of the Work, the defendant displayed the photograph on its website, webpage, social media, and/or printed media to advertise Marsalas Italian Grill. It says the defendant advertises through marsalasgrill.com and Facebook and Instagram accounts for the restaurant. It alleges the defendant never contacted Image Professionals for a license and, upon information and belief, copied the Work from the internet for commercial use. It says Image Professionals discovered the use in September 2024 and notified the defendant in writing. The single count pleads copyright infringement under 17 U.S.C. 501, including willfulness, citing among other things a copyright disclaimer on the defendant's website. (Compl. paras. 12 to 27.)
Relief sought
Image Professionals asks for declarations of infringement and willfulness; actual damages and disgorgement of profits under 17 U.S.C. 504(b) or, at its election, statutory damages under 504(c); costs and attorneys' fees under 17 U.S.C. 505; interest; and a permanent injunction under 17 U.S.C. 502. (Compl. Prayer.)