Elliot McGucken sues Roadpass Digital and Roadtrippers over a landscape photo on roadtrippers.com

The complaint

McGucken v. TH2connect, LLC, No. 2:26-cv-12254 (C.D. Cal.), was filed October 20, 2026. The complaint is Document 1, pleads copyright infringement, vicarious and contributory infringement, and violation of 17 U.S.C. 1202, and demands a jury. The defendants are TH2connect, LLC d/b/a Roadpass Digital, Roadtrippers LLC d/b/a Roadtrippers, 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. 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. It alleges, on information and belief, that Roadpass is a Delaware limited liability company based in Chicago, Illinois, and that Roadtrippers is a Delaware limited liability company based in Cincinnati, Ohio and a wholly owned subsidiary of Roadpass. It alleges McGucken created and owns the Subject Photograph, registered it with the Copyright Office before filing, and published it with copyright management information crediting him.

What it alleges

The complaint alleges, on information and belief, that the defendants willfully copied and displayed the Subject Photograph for commercial benefit, including on the roadtrippers.com magazine page on the best solo travel destinations, without authorization. It alleges McGucken sent a cease and desist demand on March 13, 2025 and that the defendants did not meaningfully respond.

The first claim alleges copyright infringement and the second alleges vicarious and contributory infringement, each against all defendants. The third claim alleges, on information and belief, that the defendants removed or altered McGucken's copyright management information in violation of 17 U.S.C. 1202(b) and provided false copyright management information in violation of 1202(a) by displaying the photograph with a credit to Shutterstock. It alleges, on information and belief, that the conduct was willful.

Relief sought

The complaint asks for an injunction, including removal of the photograph, the defendants' profits and McGucken's 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, and pre-judgment interest.