Marco Verch sues Pick-Rite over alleged Facebook use of a Brussels sprouts photograph

The complaint

Marco Verch v. Pick-Rite, Inc., No. 3:26-cv-06312 (W.D. Wash.), was filed October 28, 2026 (9 pages, with Exhibits 1 to 3). The plaintiff is Marco Verch, whom the complaint describes as a photographer based in Cologne, Germany. The defendant is Pick-Rite, Inc., a Washington corporation that the complaint describes as a family-operated grocery store in Montesano, Washington, serving the community since 1961. The complaint demands a jury trial. (Compl. caption; paras. 2 to 3, 9; jury demand.)

The work

The complaint alleges that the photograph, entitled "Fresh-raw-healthy-Brussel-Sprouts-above-white-background.mpg" (the "Work"), was created in 2019 by another photographer, that Verch owns it by assignment, and that Verch registered it on October 9, 2020, under registration number VA 2-218-812 (Exhibit 1). It alleges Verch published the Work on or about February 15, 2021 on CCNull, under a Creative Commons 2.0 license that requires attribution, with copyright management information next to the Work in the form of his name, the year of creation, and a link to the license terms. It alleges he had previously published the photograph on his Flickr page. The Copyright Office public record for VA 2-218-812 shows a group registration of 750 published photographs, registered October 9, 2020, with Verch as claimant by written agreement. (Compl. paras. 10 to 20.)

What the complaint alleges

The complaint alleges Pick-Rite copied the Work from the internet and displayed it on the Pick-Rite Facebook page without a license, to advertise and promote its grocery business, and it points to Exhibit 3 as evidence of the use. It alleges Verch learned of the use within three years before filing and notified Pick-Rite on June 24, 2026 and July 29, 2026, and that the parties have not resolved the matter. It alleges Pick-Rite failed to provide the attribution the license requires and that this failure is a removal of copyright management information under 17 U.S.C. 1202(b). (Compl. paras. 4, 21 to 33.)

The counts and relief

Count I alleges direct copyright infringement under 17 U.S.C. 501 and alleges willfulness. Count II alleges vicarious copyright infringement: it alleges, upon information and belief, that a third party copied, displayed, and made derivatives of the Work, and that Pick-Rite had a direct financial interest and the ability to stop the display. Count III alleges removal of copyright management information under 17 U.S.C. 1202(b). Verch seeks preliminary and permanent injunctions against the acts alleged to violate 17 U.S.C. 501 and 1203; his actual damages and Pick-Rite's profits or, at his election, statutory damages under 17 U.S.C. 504 and 1203; attorney fees and costs; and pre- and post-judgment interest. (Compl. paras. 34 to 56; prayer.)

The docket

A summons issued on October 30, 2026, and the docket records a report on the filing of a copyright action the same day. (Docket entries 3, 4.)