Krueger v. AdLife Communications and Marketing Co.

A company that specializes in taking photographs of food that can be used by grocery chains to advertise their wares demanded that the host of a blogging platform for scientific discussions pay more than $2,500 in damages because a deeplink to one of the company’s photos was included in a blog article posted by one of the sites users in a discussion of the ways in which grocers use attractive displays as a psychological incentive to coax shoppers into paying higher prices. We represent the blog host in a suit for a declaratory judgment of non-infringement, arguing that deeplinking is not infringement, that the host had no volitional involvement in the posting of the link, and that the blogger made fair use of the photo.