It seems we can’t go more than a few days without a new photography copyright lawsuit in Indiana. The defendant this time is a Carmel, Indiana-based Vietnamese restaurant called Pho Real. They apparently used one of the plaintiff’s photographs of noodles, which I’m guessing they found on Google Images, on their restaurant’s website without authorization.

Businesses, you should prioritize an immediate audit of your company’s website to determine whether you have authority (via ownership, license, fair use, etc.) to use every photograph. If not, even if it’s just a blurry partial photo, it seems that your use could quickly become the subject of a federal copyright lawsuit.

Matsumoto v. Pho Real LLC

Court Case Number: 1:23-cv-02059-SEB-KMB
File Date: November 15, 2023
Plaintiff: Shoichi Matsumoto
Plaintiff Counsel: Jay Campbell Miller of SRIPLAW, P.A.
Defendant: Pho Real LLC
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Sarah Evans Barker
Referred To: Kellie M. Barr

Complaint: