Morrow v. Travelade, Inc.

Background

Jamie Johnson Morrow sought default judgment against Travelade, Inc. The court had previously issued an order requiring Morrow to supplement her damages contentions, including information about her prior rates or sales as a professional photographer and the settings used on the Getty Images website to calculate a licensing fee. Morrow filed a response, but the court found that it did not resolve its concerns.

Court’s Analysis

A plaintiff seeking default judgment must prove all damages requested in the complaint. The court identified two problems with Morrow’s damages calculation.

First, Morrow stated that she had no prior licenses and that no other potential infringement disputes had been resolved. She nevertheless asserted a licensing rate comparable to “the leading stock photography agency.” The court required additional facts showing that Morrow could command a price comparable to Getty Images.

Second, the court questioned Morrow’s use of Getty Images’ “Advertorial” setting. That setting concerns use in an editorial-style article intended to indirectly promote a product or service. The court observed that Travelade’s webpage was not an article and did not express an opinion. The court therefore required additional information justifying that pricing parameter.

Disposition

The court issued a further order to show cause concerning Morrow’s damages. It allowed her either to file a supplemental response addressing the identified issues or to seek leave to file an amended motion for default judgment. The response was due February 23, 2024. The order did not grant default judgment or determine the damages amount.