British photograph syndication company Lickerish represents photographer Kim Haskins, and obtained a registration of an image of an artistic rendering of a group of black and white cats. Wayfair is an e-commerce company based out of Boston that sells third-party houseware products through its website, much in the way that Amazon works. Wayfair offered for sale a set of bath rugs (sold through Wayfair by Gracie Oaks) bearing this image. Lickerish asserts that Wayfair’s inclusion of photographs of the bath mats that bear the copyrighted image on its website constituted copyright infringement. Lickerish further asserts that the infringement was knowing, willful and in reckless disregard of Lickerish’s rights, although no factual allegations to support this are made in the complaint.
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