Barry Rosen, a San Diego photographer has sued eBay in the U.S. District Court for the Southern District of California with Case number 3:18-cv-00002-MMA-JLB for alleged violation of the Copyright Infringement Act.
According to the complaint, Rosen is accusing eBay of infringement after numerous Notices of Claimed Infringement was sent to the eBay (as far back as July 23, 2015) with regard to a seller who was using the name mmgarchives but eBay allegedly failed to expeditiously remove/disable the infringing activities from its websites.
The complaint states: Rosen claims that the defendant (eBay) took hold of the listing data and photograph and infringed on it for its own purposes and profited from the distribution.
The plaintiff holds eBay Inc. responsible because it allegedly failed to delete or remove access to both the listing data and infringing images from its servers and received financial benefit directly attributable to the infringing activity by the user mmgarchives, and that it had has the right and ability to control such activity, but failed to do so.
The plaintiff requests a trial by jury and seeks judgment for actual and statutory damages, prejudgment interest, attorneys fees, costs, preliminary and permanent injunctive relief, and for such other and further relief as the Court deems just and appropriate.