Elliot McGucken sues Digital Brands Group, alleging on information and belief that it displayed his photograph on Stateside Facebook and Instagram profiles

The complaint

Elliot McGucken v. Digital Brands Group, Inc., No. 2:26-cv-11472 (C.D. Cal.), is an 11-page complaint filed October 2, 2026, ECF No. 1, with a jury demand. McGucken is a Los Angeles County resident. The complaint alleges, on information and belief, that Digital Brands Group, Inc. is a Delaware corporation doing business as Stateside that owns and operates the Stateside Facebook profile and the @stateside Instagram profile and has an office in Los Angeles. It also names Does 1-10. It pleads jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) and (b) and venue under 28 U.S.C. §§ 1391(c) and 1400(a).

The work

The complaint shows a single photograph, which it calls the Subject Photograph, and alleges that McGucken created it, owns all copyrights in it, and registered it with the Copyright Office before the acts alleged. It alleges that McGucken published the photograph on his website and elsewhere with credit and copyright management information identifying him.

What the complaint alleges

The complaint alleges, on information and belief, that the defendants copied and displayed the photograph for commercial benefit on the Stateside Facebook and Instagram profiles, and it lists one Instagram URL and two Facebook URLs. It says McGucken, through counsel, sent Stateside a cease and desist demand on November 7, 2024, and that the defendants did not meaningfully respond. It also alleges, on information and belief, that the defendants created infringing derivative works.

The counts and relief

Count 1 alleges copyright infringement and Count 2 alleges vicarious and/or contributory infringement, each with a willfulness allegation made on information and belief and a request for statutory damages of up to $150,000 per infringement under 17 U.S.C. § 504(c)(2). The prayer seeks an injunction requiring removal of the photograph; profits and losses or statutory damages under 17 U.S.C. §§ 504 and 1203; a constructive trust over revenues from the infringement; attorneys' fees under §§ 505 and 1203; costs; interest; and other relief.