Marco Verch sues SyncWave over alleged Facebook use of a Christmas card photograph

The complaint

Marco Verch v. SyncWave, LLC, No. 1:26-cv-03221 (W.D. Mich., Grand Rapids Division), was filed November 10, 2026 (7 pages, with Exhibits 1 and 2). The plaintiff is Marco Verch, whom the complaint describes as a photographer from Cologne, Germany. The defendant is SyncWave, LLC, which the complaint describes as a Michigan limited liability company based in Scottville, Michigan, and as an information technology and telecommunications company that provides internet, VoIP phone systems, network consulting, IT support, surveillance systems, and wireless networking services. The complaint alleges that SyncWave owned and operated the Facebook page at facebook.com/SyncWave. Verch demands a jury trial and injunctive relief.

The work

The complaint alleges that the photograph, entitled "Merry Christmas card on red background" (the "Work"), was created in 2021 by Golib Tolibov, that Verch owns it by written agreement, and that Verch registered it on February 19, 2022, as part of a group registration assigned number VA 2-293-017 (Exhibit 1). The Copyright Office public record for VA0002293017 is a group registration of 750 published photographs, registered February 19, 2022, created in 2021, with a publication date range of March 22, 2021, to September 27, 2021. It lists Verch as the claimant by written agreement and Golib Tolibov as the author. The complaint alleges Verch published the Work on or about August 23, 2021, by displaying it on Flickr, makes the work available under a Creative Commons 2.0 license that requires appropriate credit, a link to the license, and an indication of whether changes were made, and displayed copyright management information next to the Work in the form of his name, the year the Work was first created, and a link to the licensing terms.

What the complaint alleges

The complaint alleges SyncWave has never been licensed to use the Work, copied it from the internet to advertise, market, and promote its business activities, and made further copies and distributed it on the internet to promote the sale of goods and services as part of its information technology business. It alleges Verch discovered the use on the SyncWave Facebook page on or about November 11, 2023, and notified SyncWave of the allegations on October 30, 2025, and January 9, 2026. It alleges that when SyncWave copied and displayed the Work, it failed to provide the attribution the Creative Commons 2.0 license requires, and that the failure to attribute is a removal of copyright management information under 17 U.S.C. § 1202(b).

The counts and relief

Count I alleges copyright infringement under 17 U.S.C. § 501, including copying, display, distribution, and the making of derivatives without authorization, and alleges willfulness. Count II alleges removal of copyright management information under 17 U.S.C. § 1202(b), including that SyncWave displayed and distributed the Work on its Facebook page without the attributions, knowing that the copyright management information had been removed or altered, and knowing or having reasonable grounds to know that those acts would induce, enable, facilitate, or conceal infringement. Verch seeks preliminary and permanent injunctions against the acts alleged to violate 17 U.S.C. §§ 501 and 1203; his actual damages and SyncWave's profits or, at his election, statutory damages under 17 U.S.C. §§ 504 and 1203; attorney fees and costs; pre- and post-judgment interest; and further relief the court deems just and proper.

What to watch next

Watch for the defendant's answer, a Rule 12 motion, or a scheduling order.