Elliot McGucken sues Booking Holdings and Agoda over a travel guide photo

The complaint

McGucken v. Booking Holdings Inc., No. 1:26-cv-09270 (S.D.N.Y.), was filed October 22, 2026. The complaint is Document 1 and demands a jury. The defendants are Booking Holdings Inc., Agoda Company Pte. Ltd. d/b/a Agoda International USA LLC, and Does 1 to 10. The complaint is signed by David M.S. Jenkins and also lists Scott Alan Burroughs of Doniger/Burroughs in New York, New York. It pleads venue under 28 U.S.C. 1391(c) and 1400(a).

The parties and the work

The complaint describes Elliot McGucken as a landscape photographer living in Los Angeles County, California whose work has appeared in The Smithsonian Magazine and The National Parks Magazine. It alleges, on information and belief, that Booking is a Delaware corporation and that Agoda is a Singaporean company with an office in New York, New York and a subsidiary of Booking. It alleges McGucken is the sole author and owner of the Subject Photograph and has registered it with the Copyright Office.

What it alleges

The complaint alleges, on information and belief, that the defendants posted the Subject Photograph on agoda.com, which it says Agoda and Booking own and operate, including on Joshua Tree guide pages in several languages and a Los Angeles day trips page. It alleges that neither Agoda nor Booking ever received a license from McGucken, that he sent Agoda and Booking a notice letter on May 16, 2025, that the defendants did not respond to resolve the matter, and that the photograph remained on agoda.com when the complaint was filed.

The first claim alleges copyright infringement against all defendants, with access and copying pleaded on information and belief. The second alleges, on information and belief, vicarious and contributory infringement against all defendants. Both claims allege, on information and belief, willful infringement that supports statutory damages of up to $150,000 per infringement under 17 U.S.C. 504(c)(2).

Relief sought

The complaint asks for an injunction including an order to remove content using McGucken's photography, the defendants' profits and McGucken's losses or, if elected, statutory damages under 17 U.S.C. 504, a constructive trust over revenues from the infringement, attorney's fees and costs, and interest.