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Xclusive-Lee Inc. v. Hadid

Direct Infringement Claim Foreclosed by Lack of Formally Granted Copyright Registration

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MEMORANDUM & ORDER On January 28, 2019, Plaintiff Xclusive-Lee, Inc. (“Plaintiff”) commenced this action against Defendant Jelena Noura “Gigi” Hadid (“Defendant”). Before the Court is Defendant’s motion to dismiss, which the Court grants for the reasons set forth below.BACKGROUNDDefendant is an internationally famous supermodel. (Complaint (“Compl.”), Dkt. 1, 2.)1 She personally maintains an Instagram2 account, which had more than 43.7 million followers around the time the complaint in this action was filed. (Compl., Exhibit (“Ex.”)3 3, at ECF4 13.) On October 11, 2018, a photograph was taken of Defendant depicting her standing in front of a ramp and smiling toward the camera (the “Photograph”). (Compl., 8 & Ex. 1 at ECF 9.) The following day, Defendant uploaded to her Instagram account a cropped version of the Photograph (id.

9-10 & Exs. 3-4 at ECF 13, 15),5 where it remained for several days (cf. id. 10).On January 28, 2019, Plaintiff commenced the instant action, alleging that it is the “copyright holder” (id. 8) and “copyright owner or licensee” of the Photograph, which was “the subject of a valid and complete application before the United States Copyright Office for Certificate of Copyright Registration by the Register of Copyrights” (id. 19) at the time the complaint was filed. Plaintiff additionally alleges that Defendant did not have license or permission from Plaintiff to post a cropped version of the Photograph on her Instagram account when she did so on October 12, 2018. (Id. 11.) The complaint advances a claim for direct copyright infringement (id.

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