Barbera v. All Season Protection Inc.
- Victor Marrero
- 1:24-cv-06764
- U.S. District Court · Southern District of New York
- 17
In Robert Barbera v. All Season, Judge Marrero granted in part and denied in part default judgment for copyright infringement.
Robert Barbera received a copyright judgment, damages, attorney fees, costs, and a permanent injunction against All Season Protection Inc., which was barred from further public use of the photograph.
What happened
In Robert Barbera v. All Season Protection Inc., Robert Barbera alleged that All Season used his copyrighted photograph on its website and Instagram account without permission. All Season did not respond to the lawsuit or the motion for default judgment.
The court entered judgment for Barbera on copyright infringement, awarded $3,150 in statutory damages, $2,147.50 in attorney fees, and $465 in costs, and permanently barred All Season from displaying or using the photograph. The court did not award the full $5,250 in requested statutory damages or the full requested attorney fees.
Judge Victor Marrero granted in part and denied in part Barbera’s motion for default judgment, entered the specified judgment and injunction, and directed that the case be closed.
The detailed version
- Barbera v. All Season Protection Inc. · No. 1:24-cv-06764
- Victor Marrero
- Oct. 15, 2025
Background
Robert Barbera, a professional photographer, alleged that he owned a copyrighted photograph of Serena Williams. The photograph was registered with the United States Copyright Office. Barbera alleged that All Season Protection Inc. displayed an exact copy on its website and Instagram account without a license or permission.
Barbera served All Season with the summons and complaint through the New York Secretary of State. All Season did not answer, appear, or respond to Barbera’s motion. The Clerk entered a certificate of default.
Copyright liability
The court explained that copyright infringement requires proof of ownership of a valid copyright and unauthorized copying. Barbera submitted the copyright registration and images showing the photograph and the copies displayed on All Season’s website and Instagram account. The court found that he established both elements and granted default judgment to Barbera on his copyright-infringement claim.
Relief
The court awarded $3,150 in statutory damages. Barbera had requested $5,250. The court used a $1,050 licensing estimate for a similar photograph as a baseline and determined that three times that amount was appropriate. It found that the available evidence did not justify the higher requested award.
The court also granted a permanent injunction prohibiting All Season, its agents, employees, affiliates, and others acting with them from displaying or using Barbera’s photograph on All Season’s website, Instagram account, or publicly in any manner.
Barbera requested $2,560 in attorney fees and $465 in costs. The court approved $2,147.50 in attorney fees after reducing certain hourly rates, and awarded the full $465 in costs.
Disposition
Judge Victor Marrero ordered that Barbera’s motion for default judgment was granted in part and denied in part. The court entered judgment against All Season for $3,150 in statutory damages, $2,147.50 in attorney fees, and $465 in costs; entered the permanent injunction; and directed the Clerk to enter judgment and close the case.
Read the full 17-page opinion on CourtListener, the free public archive maintained by the Free Law Project.