Elliot McGucken sues San Diego Honey Company and Eternity Essentials, alleging on information and belief that they displayed his landscape photograph on Amazon

The complaint

McGucken v. San Diego Honey Company Inc., No. 2:26-cv-11969 (C.D. Cal.), was filed October 14, 2026. The complaint is Document 1, runs 11 pages, and demands a jury. The plaintiff is Elliot McGucken, an individual residing in Los Angeles County. The defendants are San Diego Honey Company Inc., doing business as San Diego Honey Company, which the complaint alleges, on information and belief, is a California corporation based in San Diego, California; GDS Platforms Inc., doing business as Eternity Essentials, which it alleges, on information and belief, is a Texas corporation based in Prosper, Texas; and Does 1 to 10. The complaint is signed by Scott Alan Burroughs and also lists Trevor W. Barrett and Andres Navarro, of Doniger/Burroughs in Venice, California. Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338(a) and (b), and venue under 28 U.S.C. 1391(c) and 1400(a). (Compl. caption; paras. 1 to 7.)

The photograph

The complaint describes McGucken as a landscape photographer whose work has appeared in Smithsonian Magazine, National Parks Magazine, and other fine arts publications, and who has authored numerous books and won over 100 photographic awards. It says he created and owns the Subject Photograph, registered as Registration No. VA0002225920 with an effective date of November 25, 2020, and previously published it with credit on emcgucken.com and elsewhere. (Compl. paras. 9 to 14.) The Copyright Office record for VA0002225920 is a group registration of 745 published photographs, with McGucken as author and claimant, publication dates of March 10 to March 26, 2019, and an effective date of November 25, 2020.

What it alleges

McGucken alleges, on information and belief, that the defendants willfully copied, reproduced, publicly displayed, and distributed the Subject Photograph for commercial benefit without authorization on the Amazon brand store and seller account named San Diego Honey Company and the Amazon seller account named Eternity Essentials, including a product page URL recited in the complaint. It also alleges, on information and belief, that San Diego Honey sells its products to consumers through the Eternity Essentials storefront on Amazon, and that Eternity Essentials distributes, markets, and sells those products there. He alleges that on June 5, 2025 his counsel sent San Diego Honey a cease and desist demand, that the defendants have not removed the photograph from their Amazon storefronts, and that they failed to meaningfully respond. (Compl. paras. 6, 15 to 17.)

Count I alleges copyright infringement against all defendants. Count II alleges vicarious and/or contributory copyright infringement against all defendants. Willfulness is alleged on information and belief. (Compl. paras. 18 to 30.)

Relief sought

The complaint asks for an injunction against infringing the Subject Photograph, including an order to remove it from the defendants' websites and marketing and advertising materials, profits and losses or statutory damages under 17 U.S.C. 504 and 1203, a constructive trust, attorney's fees under 17 U.S.C. 505 and 1203, costs, interest, and further relief.