Banjo McLachlan sues Cesta Collective over a photograph posted on Facebook and Instagram

The complaint

Banjo McLachlan v. Cesta Collective, Inc., No. 1:26-cv-05471 (E.D.N.Y.), is an eleven-page complaint filed September 3, 2026, ECF No. 1, with a jury demand.

The photograph

McLachlan alleges he first published the photograph, which shows an actress walking outdoors in a striped face mask, on August 18, 2020, and that it was registered on October 5, 2020, as VA 2-222-960.

What it alleges

The complaint alleges that Cesta Collective, described as a Delaware corporation based in Brooklyn, owns and operates a Facebook account and an Instagram account used to promote its business, and that on or about August 21, 2020 it reproduced and displayed the photograph in a post on each account without permission. It alleges McLachlan first observed both uses on January 23, 2024. Allegations about Cesta's knowledge and internal copyright policies are made on information and belief. The single cause of action pleads direct copyright infringement under 17 U.S.C. § 501.

McLachlan seeks actual damages and profits under 17 U.S.C. § 504(b) or, at his election, statutory damages under 17 U.S.C. § 504(c), an injunction under 17 U.S.C. § 502(a), attorneys' fees and costs under 17 U.S.C. § 505, and interest.

On the docket

A summons issued on September 8, 2026, and an executed waiver of service was filed on October 20, 2026.