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 represented 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. The photo company moved to dismiss on the ground that it could not be sued in California, and the motion was granted, ending the case. The company did not pursue its claim against the blog host, however.