Elliot McGucken sues FairCloud and Fairbridge Hotels International over a landscape photograph on a Missoula hotel website

The complaint

McGucken v. FairCloud Hospitality Systems Inc., No. 3:26-cv-10123-SK (N.D. Cal.), was filed September 9, 2026 (19 pages). The plaintiff is Elliot McGucken, a landscape photographer in Los Angeles County. The defendants are FairCloud Hospitality Systems Inc. and Fairbridge Hotels International Inc., both Delaware corporations, and Does 1-10. A docket entry on September 10, 2026 assigned the case to Magistrate Judge Sallie Kim. The complaint demands a jury trial. (Compl. caption; paras. 5 to 9; ECF No. 6.)

What it alleges

On information and belief, the complaint alleges that FairCloud operates, manages, franchises, or licenses FairBridge Inn & Suites hotels and their websites, including the Missoula, Montana property's site, fairbridgemissoula.com, and that Fairbridge Hotels International owns the FAIRBRIDGE marks and franchises or licenses the hotel system. McGucken alleges he registered the Subject Photograph before suit, and alleges, on information and belief, that the defendants copied it and displayed an identical copy on that website to promote lodging. He alleges a cease-and-desist demand was sent on August 6, 2025 and that the use continued. On information and belief, he also alleges the defendants removed his copyright management information and added their own logo and a notice reading "Copyright © Fairbridge Missoula - All Rights Reserved." (Compl. paras. 6 to 8, 12 to 17, 21 to 23, 49 to 52.)

The counts and relief sought

The four claims are direct, contributory, and vicarious copyright infringement and violation of 17 U.S.C. 1202(a) and (b). McGucken asks for an injunction requiring removal of his photography, the defendants' profits and his losses or statutory damages under 17 U.S.C. 504 and 1203, a constructive trust over revenues from the infringement, attorneys' fees, costs, and prejudgment interest. (Compl. paras. 19 to 56; Prayer a to i.)

Docket activity

The court entered its initial case management scheduling order and issued summonses on September 11, 2026. Two proofs of service were filed September 16, 2026, and a consent or declination to proceed before a magistrate judge was filed September 23, 2026. (ECF Nos. 7 to 11.)