Photographer Elliot McGucken sues Westpark Electronics d/b/a Abes of Maine, alleging on information and belief that it used his landscape photographs in social media posts promoting its products

The complaint

McGucken v. Westpark Electronics, LLC, No. 2:26-cv-14297 (D.N.J.), was filed November 3, 2026, ECF No. 1, with a jury demand. Elliot McGucken, an individual photographer in Los Angeles County, sued Westpark Electronics, LLC d/b/a Abes of Maine, described on information and belief as a Delaware limited liability company doing business in the district through a Linden, New Jersey location, and Does 1 through 10. The November 4, 2026 case assignment entry assigns the case to Judge Michael E. Farbiarz and Magistrate Judge Jessica S. Allen.

The works

The complaint says McGucken created and owns the landscape photographs depicted in the pleading (the Subject Photographs), and that he registered the copyrights in those photographs with the United States Copyright Office before the acts complained of. The exemplars of the accused uses reproduced in the complaint are posts on Abes of Maine accounts or pages on Pinterest, Facebook, Instagram, and X.

What the complaint alleges

The complaint alleges, on information and belief, that Abes of Maine is an electronics retailer that sells cameras and photography equipment, and that after McGucken published the Subject Photographs the defendants reproduced, publicly displayed, and distributed them to promote products on websites and social media profiles. It says a comparison shows the uses are identical or substantially similar, that Abes of Maine included McGucken's name on some uses and removed it from others, and that on or around June 30, 2025 McGucken sent the defendants a letter demanding that they cease and desist, and that the defendants have continued exploiting the photographs as of the filing date.

The claims and relief requested

The First Claim for Relief alleges copyright infringement against all defendants. The Second Claim for Relief alleges violation of 17 U.S.C. § 1202 for removal of copyright management information and provision of false CMI, on information and belief as to the removal and distribution under the defendants' branding. The complaint alleges, on information and belief, that the infringement was willful, and cites statutory damages of up to $150,000 per infringement under 17 U.S.C. § 504(c)(2). The prayer asks for an injunction, including an order requiring the defendants to remove the photographs from their websites, catalogs, and marketing materials; the defendants' profits and McGucken's losses or statutory damages under 17 U.S.C. § 504; a constructive trust over revenues from the infringement; attorneys' fees under 17 U.S.C. §§ 505 and 1203; statutory damages and penalties; prejudgment interest; costs; and other relief.

Docket

The docket shows the complaint, a corporate disclosure, a copyright action notice, a summons request, the November 4, 2026 assignment, an AO 121 copyright form, and a summons issued November 4, 2026. Watch for service on Westpark Electronics and its answer or a motion.