FORT LAUDERDALE – A stock photography company has filed a lawsuit against a Florida-based online pottery store claiming it used one of their copyrighted photos without permission on their website.
Grant Heilman Photography filed a federal lawsuit against Jay Scott's Company doing business as Planter's Etc. citing allegations of copyright infringement.
According to court documents, the Pennsylvania-based plaintiff provides rights-managed stock photographs. The defendant specializes in manufacturing fiberglass planters and offering modern planter designs to commercial properties. Planters conducts business through an internet website (plantersetcetera.com).
The plaintiff says on October 10, 2022, it discovered Planters had unlawfully copied, displayed and distributed one of GHP's copyrighted photos on their website without permission, thereby violating GHP's exclusive copyrights. The photo at the center of the dispute is an original photograph titled "GHP-4536892," created by photographer Grant Heilman in 1987 and allegedly used by Planters to promote their fiberglass planter manufacturing business. GHP claims to have notified Planter's of the infringement, but that the parties have so far failed to resolve the matter.
GHP seeks compensatory damages and profits attributable to the infringement plus interest, court costs, attorney fees and other relief. Additionally, GHP is seeking a preliminary and permanent injunction against Planters prohibiting them from further infringing activities. GHP is being represented by Marian V. Quintero and Joel B. Rothman of Sriplaw in Boca Raton.
U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, case number 0:23-cv-61978