Amended Claim

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Claim details

A claim for infringement
No
Tom Schirmacher
Irvington, NY

Authorized representative information

Taryn R. Murray
The Law Firm of Higbee and Associates
tmurray@higbeeassociates.com
714-617-8340
1504 Brookhollow Dr. Suite 112
Santa Ana, CA 92705
Allora Medical Spa
Tom Schirmacher 2013 Published Photo Collection. [Group registration of published photographs. 8 photographs. 2013-02-09 to 2013-07-12]
Tom Schirmacher
Yes
VA0002243948
03/16/2021
Pictorial Graphic and Sculptural (such as two-dimensional and three-dimensional works of art, graphic art, and photographs)
Group registration of photographs
Reproduce the work
Publicly display the work
No
December 2021 - July 2022
Respondent is the operator of the instagram @thealloramedspa is where the infringements occurred. Specifically, the infringement was published at https://www.instagram.com/thealloramedspa/. Respondent is also the operator of a Facebook page for Allora Medical Spa. An infringement occurred on Respondent’s Facebook at this location: https://www.facebook.com/thealloramedspa/photos/382709640317816
Claimant Tom Schirmacher is a fashion and beauty photographer who licenses his work to major brands. Claimant is the creator and sole rights holder an original beauty image. Respondent is the owner and operator of the Instagram @thealloramedspa and a Facebook page for Allora Medical Spa, which are both social media pages that promote and advertisesthe Respondent’s spa business. On or about May 2022, Claimant discovered his photograph being displayed on Respondent's Instagam page and Respondent’s Facebook page in promotion of its services.
No
Claimant seeks an award of actual damages and disgorgement of all of Respondent’s profits attributable to the infringement as provided by 17 U.S.C. § 1504(e)(1)(A)(i) and 17 U.S.C. §504(b) in an amount to be proven or, in the alternative, and at Claimant’s election, an award for statutory damages against Respondent in an amount up to $15,000 per work infringed pursuant to 17 U.S.C. § 1504(e)(1)(A)(ii)(I), whichever is larger.