Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 1 of 11
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`Jonah A. Grossbardt (State Bar No. 283584)
`Matthew L. Rollin (State Bar. No. 332631)
`SRIPLAW
`8730 Wilshire Boulevard
`Suite 350
`Beverly Hills, CA 90211
`323.364.6565 – Telephone
`561.404.4353 – Facsimile
`jonah.grossbardt@sriplaw.com
`matthew.rollin@sriplaw.com
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`Attorneys for Plaintiff
`ALEXANDER BAYONNE STROSS
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Plaintiff,
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`vs.
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`ALEXANDER BAYONNE STROSS,
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`AIRBNB, INC. AND DAN KLORES
`COMMUNICATIONS, LLC,
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`Case Number:
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`Copyright Infringement
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`Demand for Jury Trial
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`Defendants.
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`(INJUNCTIVE RELIEF DEMANDED)
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`Plaintiff Alexander Bayonne Stross by and through his undersigned counsel,
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`hereby brings this Complaint against Defendants Airbnb, Inc. and Dan Klores
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`Communications, LLC for damages and injunctive relief, and in support thereof states as
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`follows:
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 1 OF 11
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 2 of 11
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`SUMMARY OF THE ACTION
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`1.
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`Plaintiff Alexander Bayonne Stross (“Stross”) brings this action for
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`violations of exclusive rights under the Copyright Act, 17 U.S.C. § 106, to copy and
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`distribute Stross’s original copyrighted works of authorship.
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`2.
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`Stross is the owner and principal photographer of Stross Stock. After
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`traveling the world with his camera, creating thousands of high-quality photographs, the
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`natural next step was to offer the public means to license his Work. Each photo on Stross
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`Stock is shot with top-quality equipment, thoughtfully produced, hand selected, and
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`tastefully edited before being made available to the public. Stross is a native of Austin,
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`Texas, and watched the small city grow and develop into an urban hot spot. This served
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`as his inspiration to become a photographer, centering his expertise on complicated
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`architectural photography and landscape photography. In 2016, Stross was nominated and
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`accepted as a professional member of the American Society of Media Photographers,
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`which is a high honor. Stross received a B.S. in Computer Science at the University of
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`Texas at Austin and has since combined his love for the photographic arts and computer
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`science by building an online system to help protect artists' works on the internet..
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`3.
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`Defendant Airbnb, Inc. (“Airbnb”) is one of the world’s largest
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`marketplaces for unique, authentic places to stay and things to do, offering over 7 million
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`accommodations and tens of thousands of handcrafted activities, all powered by local
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`hosts. An economic empowerment engine, Airbnb has helped millions of hospitality
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`entrepreneurs monetize their spaces and their passions while keeping the financial
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`benefits of tourism in their own communities. With more than three quarters of a billion
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`guest arrivals to date, and accessible in 62 languages across 220+ countries and regions,
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`Airbnb promotes people-to-people connection, community and trust around the world. At
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`all times relevant to herein, Airbnb is the owner of the website located at the URL
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`“https://www.airbnb.com/” (the website).
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`4.
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`Dan Klores Communications, LLC (“DKC”) is a public relations firm that
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`knows how to drive brand stories and generate news. DKC is in the business of
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 2 OF 11
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`CASE NO.:
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 3 of 11
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`enhancing reputation, building credibility, and increasing awareness. They are
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`persuaders, influencers, opinion makers, writers, content creators, and experience
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`producers that are guided by data and instinct.
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`5.
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`Stross alleges that Airbnb copied Stross's copyrighted works from the
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`internet in order to advertise, market and promote its business activities. Airbnb
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`committed the violations alleged in connection with Airbnb's business for purposes of
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`advertising and promoting sales to the public in the course and scope of Airbnb's
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`business.
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`6.
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`Stross alleges that DKC copied Stross's copyrighted works from the
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`internet in order to advertise, market and promote its business activities. DKC committed
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`the violations alleged in connection with DKC's business for purposes of advertising and
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`promoting sales to the public in the course and scope of DKC's business.
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`7.
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`8.
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`JURISDICTION AND VENUE
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`This is an action arising under the Copyright Act, 17 U.S.C. § 501.
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`This Court has subject matter jurisdiction over these claims pursuant to 28
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`U.S.C. §§ 1331, 1338(a).
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`9.
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`10.
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`11.
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`Airbnb is subject to personal jurisdiction in California.
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`DKC is subject to personal jurisdiction in California.
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`Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and
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`1400(a) because the events giving rise to the claims occurred in this district, Defendants
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`engaged in infringement in this district, Defendants resides in this district, and
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`Defendants are subject to personal jurisdiction in this district.
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`12.
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`Airbnb, Inc. is a California Corporation with its principal place of business
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`DEFENDANT
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`at 888 Brannan Street, Suite #4, San Francisco, California 94103, and can be served by
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`serving its Registered Agent, CSC Lawyers Incorporating Service, 2710 Gateway Oaks
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`Drive, Suite 150N, Sacramento, CA 95833.
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 3 OF 11
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 4 of 11
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`13.
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`Dan Klores Communications, LLC is a Delaware Corporation with an
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`office at 425 Bush Street #410, San Francisco, CA 94108 and is registered to do business
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`with the California Secretary of State and can be served by serving its Registered Agent
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`Brenda Gilmore, 700 San Vicente Boulevard, Room G-405, West Hollywood CA 90069.
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`THE COPYRIGHTED WORKS AT ISSUE
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`14.
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`Stross created the photographs listed on the chart below, attached hereto as
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`Exhibit 1, and collectively referred to herein as the “Works.”
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`Photo Name
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`Registration
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`20111111-_MG_0015_16_17_18_19_20Adjust-Edit
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`VAu 1-089-810
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`20111111-_MG_0120-Edit.jpg3
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`VAu 1-089-810
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`20111111-_MG_0156_57_58_59_60_61Adjust-Edit-Edit.jpg
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`VAu 1-089-810
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`20111111-_MG_0312_3_4_5_6_7Adjust-Edit.jpg
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`VAu 1-089-810
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`20111111-_MG_0365_66_67_68_69_70Adjust-Edit.jpg
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`VAu 1-089-810
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`6 20111111-_MG_0398_399_400_401_402_403Adjust-Edit.jpg VAu 1-089-810
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`20111111-_MG_0500_1_2_3_4_5Adjust.jpg
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`VAu 1-089-810
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`20111111-_MG_0552_3_4_6_7-Edit.jpg
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`VAu 1-089-810
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`20111111-_MG_0523_4_5_6_7_8Adjust-Edit.jpg
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`VAu 1-089-810
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`20111111-_MG_0318_19_20_21_22_23Adjust-Edit.jpg
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`VAu 1-089-810
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`15.
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`At the time he created the Works Stross applied copyright management
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`information to the Works consisting of a copyright symbol, and his name, Alexander
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`Stross, written in faint white writing at the bottom right corner of the images.
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`16.
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`Stross also created the photograph titled 20140812-1B3A3842-Edit.jpg
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`(“Modern Guesthouse”) is attached hereto and included in Exhibit 1.
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`17.
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`Stross registered the Works with the Register of Copyrights on February
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`19, 2012 and was assigned the registration number VAu 1-089-810. Stross registered
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`Modern Guesthouse on January 15, 2015 and was assigned the registration number VAu
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`1-198-970.
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 4 OF 11
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`CASE NO.:
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`18.
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`19.
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`The Certificates of Registration are attached hereto as Exhibit 2.
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`At all relevant times Stross was the owner of the copyright to Modern
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`Guesthouse and the copyrighted Works at issue in this case.
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`INFRINGEMENT BY DEFENDANTS
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`20.
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`Airbnb has never been licensed to use Modern Guesthouse and the Works
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`in this action for any purpose.
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`21.
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`On a date after Modern Guesthouse and the Works in this action were
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`created, but prior to the filing of this action, Airbnb copied Modern Guesthouse and the
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`Works.
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`22.
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`Airbnb copied Stross's copyrighted Modern Guesthouse and the Works
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`without Stross's permission.
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`23.
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`After Airbnb copied Modern Guesthouse and the Works it made further
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`copies and distributed the Work on the internet to promote the sale of goods and services
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`as part of home rental and vacation platform.
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`24.
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`Airbnb copied and distributed Stross's copyrighted Modern Guesthouse
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`and the Works in connection with Airbnb's business for purposes of advertising and
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`promoting Airbnb's business, and in the course and scope of advertising and selling
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`products and services.
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`25.
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`Stross's Modern Guesthouse and the Works are protected by copyright but
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`are not otherwise confidential, proprietary, or trade secrets.
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`26.
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`Airbnb committed copyright infringement of the Works as evidenced by
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`the documents attached hereto as Exhibit 3.
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`27.
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`Stross never gave Airbnb permission or authority to copy, distribute or
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`display Modern Guesthouse and the Works at issue in this case.
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`28.
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`Stross first notified Airbnb of the allegations regarding the Works on April
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`29, 2019. A copy of the takedown letter is attached as Exhibit 4.
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 6 of 11
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`29.
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`Airbnb did not respond to Stross and did not remove the Works from its
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`website. A copy of the images on Airbnb’s website after the takedown letter was sent is
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`attached as Exhibit 5.
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`30.
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`Stross again notified Airbnb of the allegations set forth herein on August
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`11, 2020 and referenced the prior notice in the email. A copy of the email is attached
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`hereto and marked Exhibit 6.
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`31.
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`On August 14, 2020, Airbnb responded to the take down notice and asked
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`for additional information which was provided to it. A copy of the email is attached
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`hereto and marked Exhibit 7.
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`32.
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`On August 14, 2020, Airbnb stated that it was going to take down the
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`Works. A copy of the email from Airbnb is attached hereto and marked Exhibit 8.
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`33.
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`On November 6, 2020, Stross once again found unauthorized uses his
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`Works on Airbnb’s website. Screenshots of the infringement are attached hereto and
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`marked Exhibit 9.
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`34.
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`Airbnb has still not taken the Works off its website and web servers. A
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`copy of the images on Airbnb’s website and webservers is attached hereto and marked
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`Exhibit 10.
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`35. When Airbnb copied and displayed the Works at issue in this case, Airbnb
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`removed Stross's copyright management information from the Works.
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`36.
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`Stross never gave Airbnb permission or authority to remove copyright
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`management information from the Works at issue in this case.
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`37.
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`Airbnb not only used the images on its website but distributed them to
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`others.
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`38.
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`Airbnb provided the images to at least one media company named SFG
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`Media Group, LLC.
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`39.
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`SFG has stated that they obtained the works from Airbnb via
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`press@airbnb.com.
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 6 OF 11
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 7 of 11
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`40.
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`SFG was provided the Works by DKC. The email correspondence
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`between SFG and DKC is attached hereto and marked Exhibit 11.
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`41.
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`Airbnb copied and distributed the Works to DKC who then further copied
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`and distributed them to SFG.
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`42.
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`SFG then used the eight of the Works on its website. A copy of the eight
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`Works displayed on SFG’s website is attached hereto and marked Exhibit 12.
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`43.
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`On April 13, 2021, Stross found the Modern Guesthouse photograph on
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`Airbnb’s servers and website. The Modern Guesthouse was also found on multiple blog
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`sites, including BizLeads, Business Insider, and PR Times, all showing Modern
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`Guesthouse photograph originating from Airbnb. Screenshots of those infringements are
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`attached hereto and marked Exhibit 13.
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`COUNT I
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`COPYRIGHT INFRINGEMENT
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`44.
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`Stross incorporates the allegations of paragraphs 1 through 43 of this
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`Complaint as if fully set forth herein.
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`45.
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`Stross owns a valid copyright in the Works and the Modern Guesthouse at
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`issue in this case.
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`46.
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`Stross registered the Modern Guesthouse and the Works at issue in this
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`case with the Register of Copyrights pursuant to 17 U.S.C. § 411(a).
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`47.
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`Defendants copied, displayed, and distributed the Modern Guesthouse and
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`the Works at issue in this case and made derivatives of the Modern Guesthouse and the
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`Works without Stross's authorization in violation of 17 U.S.C. § 501.
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`48.
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`Defendants performed the acts alleged in the course and scope of its
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`business activities.
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Defendants’ acts were willful.
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`Stross has been damaged.
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`The harm caused to Stross has been irreparable.
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`49.
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`50.
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`COUNT II
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`REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION
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`52.
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`Stross incorporates the allegations of paragraphs 1 through 43 of this
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`Complaint as if fully set forth herein.
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`53.
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`The Works at issue in this case contains copyright management
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`information (“CMI”).
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`54.
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`Airbnb knowingly and with the intent to enable or facilitate copyright
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`infringement, removed CMI from the Works at issue in this action in violation of 17
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`U.S.C. § 1202(b).
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`55.
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`Airbnb committed these acts knowing or having reasonable grounds to
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`know that it will induce, enable, facilitate or conceal infringement of Stross's rights in the
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`Works at issue in this action protected under the Copyright Act.
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`56.
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`Airbnb caused, directed and authorized others commit these acts knowing
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`or having reasonable grounds to know that it will induce, enable, facilitate or conceal
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`infringement of Stross's rights in the Works at issue in this action protected under the
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`Copyright Act.
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`58.
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`Stross has been damaged.
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`The harm caused to Stross has been irreparable.
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`COUNT III
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`VICARIOUS COPYRIGHT INFRINGEMENT BY DEFENDANTS
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`59.
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`Stross incorporates the allegations of paragraphs 1 through 43 of this
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`Complaint as if more fully set forth herein
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`60.
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`Stross owns valid copyrights in the Modern Guesthouse and the Works at
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`issue in this case.
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`61.
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`Stross registered the Modern Guesthouse and the Works at issue in this
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`case with the Register of Copyrights pursuant to 17 U.S.C. § 411(a).
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 8 OF 11
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`62.
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`Airbnb, Inc. and Dan Klores Communications, LLC, displayed and
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`distributed the Modern Guesthouse and the Works at issue in this case without Stross’s
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`authorization in violation of 17 U.S.C. § 501.
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`63.
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`Airbnb, Inc. had the right and ability to supervise the infringing activities
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`of Dan Klores Communications, LLC and the other infringing websites alleged herein.
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`64.
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`Defendants had a direct financial interest in the infringing activities
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`alleged herein.
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`65.
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`As a result of Defendant’s vicarious infringements as alleged above,
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`Defendant’s obtained direct and indirect profits it would otherwise not have realized but
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`for its infringement of the Modern Guesthouse and the Works.
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`66.
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`Defendants have continued to copy, display, and distribute the Modern
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`Guesthouse and the Works at issue with knowledge that such acts violate Stross’s
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`intellectual property rights.
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`COUNT IV
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`CONTRIBUTORY COPYRIGHT INFRINGEMENT
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`67.
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`That, upon information and belief, Defendants have directly infringed
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`Stross’s copyrights in the Modern Guesthouse and the Works by, inter alia displaying
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`and distributing Stross’s Modern Guesthouse and the Works in connection with the
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`marketing, advertising, and promotion of Defendants respective businesses and services
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`in violation of Stross’s exclusive rights under the Copyright Act, 17 U.S.C. Sections 106
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`and 50
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`68.
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`That, upon information and belief, Defendants are liable as contributory
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`infringers for the copyright infringements committed via publication and/or distribution
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`of the Modern Guesthouse and the Works, and that such uses are in violation of Stross’s
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`copyrights.
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`69.
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`That, upon information and belief, Defendants, or one or more of them,
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`had actual and/or constructive knowledge and/or through the exercise of ordinary
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`business care and/or the examination of public and/or business records, knew or should
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 9 OF 11
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`CASE NO.:
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 10 of 11
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`have known that the Modern Guesthouse and the Works were created by Stross, and that
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`any use thereof was in violation of Stross’s copyright.
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`70.
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`That upon information and belief, Defendants, or one or more of them,
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`knew or should have known that they were not authorized to use Stross’s Modern
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`Guesthouse and the Works.
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`71.
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`That, upon information and belief, Defendants have directly and/or
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`indirectly caused, enabled, encouraged, facilitated, and materially contributed to the
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`infringement(s) via the publication and/or distribution of the Modern Guesthouse and the
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`Works on their websites.
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`72.
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`That, upon information and belief, Airbnb, Inc., in addition to the actions
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`above, provided the tools, including the Works, to Dan Klores Communications, LLC,
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`for the infringements via the publication and distribution of the Works.
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`73.
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`That, upon information and belief, through the conduct described
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`hereinabove, Defendants are contributorily liable for the infringements described herein.
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`74.
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`That, upon information and belief, the aforementioned acts of Defendants
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`constitute federal statutory contributory copyright infringement under Section 501 of the
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`Copyright Act in violation of the exclusive rights granted to Stross as the valid copyright
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`holder.
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`75.
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`That, upon information and belief, Defendants’ infringements are and
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`have been willful, intentional, purposeful, and/or in disregard of the rights of Stross and
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`have caused substantial damage to Stross.
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`76.
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`That as a direct and proximate result of Defendants’ infringements, Stross
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`has been and will continue to be damaged in an amount as yet undetermined.
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`77.
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`Stross is entitled to the maximum statutory damages under 17 U.S.C.
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`Section 504 (c), and as an alternative to statutory damages, Stross, at his election prior to
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`judgment is entitled to recover his actual damages and any additional profits of the
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`Defendants, or one or more of them, attributable to the infringements as under 17 U.S.C.
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`Sections 504 (a)-(b).
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 10 OF 11
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`CASE NO.:
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`Case 3:21-cv-02886 Document 1 Filed 04/21/21 Page 11 of 11
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`Stross is further entitled to damages, attorneys’ fees and costs under
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`Section 504 and 505 of the Copyright Act, 17 U.S.C. Section 101 et., seq., given the
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`willful, intentional, malicious and bad faith nature of Defendants’ copyright
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`infringement.
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`WHEREFORE, Plaintiff prays for judgment against the Defendants Airbnb, Inc.
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`and Dan Klores Communications, LLC that:
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`a.
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`Defendants and their officers, agents, servants, employees, affiliated
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`entities, and all of those in active concert with them, be preliminarily and permanently
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`enjoined from committing the acts alleged herein in violation of 17 U.S.C. §§ 501, 1203;
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`b.
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`Defendants be required to pay Plaintiff his actual damages and
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`Defendants’ profits attributable to the infringement, or, at Plaintiff's election, statutory
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`damages, as provided in 17 U.S.C. §§ 504, 1203;
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`c.
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`Plaintiff be awarded his attorneys’ fees and costs of suit under the
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`applicable statutes sued upon;
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`d.
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`Plaintiff be awarded such other and further relief as the Court deems just
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`and proper; and
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`e.
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`Plaintiff be awarded pre- and post-judgment interest.
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`JURY DEMAND
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` Plaintiff hereby demands a trial by jury of all issues so triable.
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`DATED: April 21, 2021
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`Respectfully submitted,
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`/s/ Jonah A. Grossbardt
`JONAH A. GROSSBARDT
`MATTHEW L. ROLLIN
`SRIPLAW
`Attorneys for Plaintiff Alexander Bayonne
`Stross
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`PAGE NO. 11 OF 11
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`CASE NO.:
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`SRIPLAW
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`