Sumfinidade sues Seagull Software over a Madrid panorama photo in a BarTender sales presentation

The complaint

Sumfinidade Unipessoal LDA v. Seagull Software, LLC, No. 2:26-cv-04046 (W.D. Wash.), was filed October 22, 2026 and is assigned to Magistrate Judge Grady J. Leupold. The complaint is signed by Craig Sanders of Sanders Law Group in Uniondale, New York. It pleads jurisdiction under 28 U.S.C. 1331 and 1338(a) and venue under 28 U.S.C. 1391(b) and 1400(a), and Sumfinidade demands a jury.

The parties and the photograph

Sumfinidade is described as a Portuguese single-member company based in Funchal, Madeira, Portugal, through which a photographer who is its principal licenses his work. Seagull Software, LLC is described as a Delaware company based in Redmond, Washington, that does business as Seagull Scientific and BarTender and sells BarTender label and barcode software. The photograph is a panorama of Madrid at sunset, which the complaint says that photographer created and first published on February 26, 2017. The complaint alleges that Sumfinidade acquired the rights in the photograph by written assignment and cites Registration No. VA 2-104-443. The Copyright Office record for VA 2-104-443 is a group registration of 89 photographs published in 2017, registered March 20, 2018, that lists the photographer, an individual, as author and claimant.

What it alleges

The complaint alleges that Seagull displayed the photograph on its website in a 53-page PDF sales presentation for BarTender 2021, on a slide titled About Seagull Scientific, and alleges, on information and belief, that the use began in or about late 2020 or 2021, after the registration. It says Sumfinidade first observed the use on January 29, 2024. It says letters went to Seagull on March 15 and April 16, 2024 and January 6 and February 5, 2026. The single count pleads direct copyright infringement under 17 U.S.C. 501 and alleges the infringement was willful.

Relief sought

Sumfinidade asks for actual damages and profits under 17 U.S.C. 504(b) or, at its election, statutory damages under 504(c), an injunction under 17 U.S.C. 502(a), costs and attorney's fees under 17 U.S.C. 505, and pre-judgment interest.