According to the claim filed at the US District Court for the Central District of California, “On information and belief, Richie has driven significant traffic to her Instagram account in large part due to the presence of the sought-after and searched-for Richie photographs that frame this dispute.”
Backgrid also alleged that the traffic translates into substantial ill-gotten commercial advantage.
In the suit, Backgrid informed the court that it had sent a letter dated October 2017 to Richie’s attorney, but failed to get any response from him. The attorney later said that he was not sure whether the photographs were posted on Richie’s account, the suit added.
The agency is seeking statutory damages for the infringed photographs, in addition to its attorneys’ fees.