A food advertisement company, Prepared Foods Photos, filed suit in the Southern District of Texas Thursday in protest of food delivery company Fresh2yourdoor’s usage of its image.
According to the complaint, Prepared Foods has been in operation for over four decades and provides “custom photography, full service design and production, web and print management, mobile technology, and proprietary digital advertising platforms” serving wholesalers and retailers.
Central to the lawsuit is a photograph created by Prepared Foods in 1998, called “SeaBassChilean002.” While the photograph was taken in 1998, the copyright was not filed until 2016. In July 2019, however, Prepared Foods said they became aware of Fresh2yourdoor’s use of the same image for the advertisement of its Chilean sea bass product.
Prepared Foods said they notified the defendant of this allegedly infringing use of their copyrighted material in February 2020, but have not been able to resolve the matter for well over a year.
In compensation for the alleged infringement, the plaintiffs are seeking an injunction as well as damages and costs. They are represented by SRipLaw.