Stockfood America Photo Infringement Lawsuit Defense - If you received a letter from SRIP or Higbee & Associates, or a lawsuit, call us at (877) 276-5084. 

Photo Infringement of Food Images?

March 2025 Updates:  Stockfood America continues filing lawsuits in the Northern District of California for photo infringement.

Introduction

We have come across a new plaintiff in the photo infringement world. This time it's Stock Food America a company that licenses their photographs and digital images, in some instances, to grocers and food-related websites. In a case recently reviewed, they are being represented by Higbee & Associates, a copyright law firm based in Santa Ana, California.

According to their website:

"StockFood is the world's leading media agency for food photography. With us you will find photos and videos from more than 1,500 professional food photographers – rights managed and royalty-free. For your creative projects, discover our unique collection of food images, videos, features and recipes for eating, drinking and enjoying."

Sample Allegations in their Complaint

Here are some allegations you may find in one of their copyright infringement lawsuits:

• Stockfood is the world's leading food image agency. Stockfood has a unique collection of food images, videos, features and recipes on the worldwide subject of food and drink. Stockfood was founded in Munich, Germany by photographer Pete A. Eising. In 1996, Stockfood founded a sales office in Kennebunk, Maine, and in 2007, in London, England. Stockfood specialized in the art of food from the very beginning. In addition to a renowned food photography studio, Studio Eising, the company initially offered exclusively rights-managed images. In 2002 the offering was expanded to include royalty-free images, and in 2008 videos were added, together with an in-house production studio.
  
  
• Stockfood alleges that VinoEnology copied Stockfood's copyrighted work from the internet in order to advertise, market and promote its business activities. VinoEnology committed the violations alleged in connection with VinoEnology's business for purposes of advertising and promoting sales to the public in the course and scope of VinoEnology's business.
  
  
• VinoEnology copied Stockfood's copyrighted Work without Stockfood's permission. After VinoEnology copied the Work, it made further copies and distributed the Work on the internet to promote the sale of goods and services as part of B2B wine business. VinoEnology copied and distributed Stockfood's copyrighted Work in connection with VinoEnology's business for purposes of advertising and promoting VinoEnology's business, and in the course and scope of advertising and selling products and services. Stockfood's Work is protected by copyright but are not otherwise confidential, proprietary, or trade secrets. VinoEnology committed copyright infringement of the Work as evidenced by the documents attached hereto as Exhibit 2. Stockfood never gave VinoEnology permission or authority to copy, distribute or display the Work at issue in this case. Stockfood notified VinoEnology of the allegations set forth herein on December 13, 2019. To date, VinoEnology has failed to respond to Stockfood's Notices.

The lawsuits will typically seek damages under the federal copyright laws.  See video below.

Watch this video to understand the legal exposure you may face in a photo infringement copyright case.

What to do if you receive a notice of lawsuit or demand letter.

I have written many articles about what to do if you receive a demand letter or a summons and complaint notifying you that your business is being sued.  Here are some general guidelines to consider:

1. Lawyer up.  I know this will cost you some money, but if you reach out and (admit) and apologize, you can rest assured this is not likely to help you, and only hurt you.  Call us to discuss your case and evaluate any potential defenses, such as fair use.
   
   
2. If you know the images were not properly licensed, you should take them down immediately, but make sure to document what you are doing so you can still evaluate how the image(s) were used on your site. Print each page in its entirety.
   
   
3. Check to see if you have any licensing rights.
   
   
4. Rethink where you found the images. Was it on Google (listed as a creative commons, or licensed for reuse)?
   
   
5. Do not call them or put anything in writing until you discuss with photo infringement counsel.

Higbee & Associates | SRIP Demand Letter

You may have received a letter from Higbee & Associates, representing Stockfood America, or from a law firm known as SRIP. We have handled many cases with these IP lawyers and their copyright claims specialists, as they may sometimes use. Contact us if you received a legal demand letter (typically seeking anywhere from a couple thousand dollars on up to many thousands of dollars). Our firm has settled nearly 1,000 photo infringement cases since our founding in 2004. This is what we do! Experience matters in this niche area of copyright law, and many times your "friend who is a lawyer" and even a "business lawyer" you know who is willing to help may not be familiar with the intricacies of United States copyright law, and their digging into the case may make matters worse. We have seen this many times. Call the pros! We can be reached at (877) 276-5084 or fill out our contact form on the right side of this page.