realestate

Zillow claims CoStar's copyright case misuses the law

Zillow claims CoStar’s listing‑photo lawsuit is a calculated attempt to weaponize litigation, in a transfer request.

Z
illow’s September 29 motion asks the judge to move the CoStar lawsuit from the Southern District of New York to the Western District of Washington. The request, drafted by attorney Jamie Levitt, argues that most of Zillow’s witnesses are based in Seattle and that CoStar, headquartered in Virginia, has no ties to the New York venue. The motion also calls for a pre‑motion conference to discuss a potential dismissal.

    In the letter to Judge Edgardo Ramos, Zillow labels CoStar’s suit—filed July 30 and alleging that Zillow, Trulia, and HotPads used more than 46,000 CoStar images without permission—as a “calculated attempt to misuse copyright law to sideline Zillow and lock in CoStar’s control.” Zillow contends that the photos were supplied by customers who have granted Zillow a license, and that CoStar’s policy allows copyright owners to request removal. Zillow claims CoStar bypassed the proper removal process and instead filed suit without prior notice, and that CoStar’s pleadings are incomplete. Zillow will seek a pre‑motion conference on a motion to dismiss.

    CoStar’s press release, issued around the same time, accuses Zillow of continuing copyright violations. CoStar Group General Counsel Gene Boxer stated that since filing the initial lawsuit, Zillow has not removed about 8,000 infringing photos and has displayed an additional 4,618 images. “Zillow used our watermarked images, profited, and kept doing it,” Boxer said, adding that the infringement scheme has expanded and that CoStar intends to hold Zillow accountable.

    The dispute centers on Zillow’s use of CoStar’s property photos for multifamily rental listings. Zillow’s motion and CoStar’s counter‑claims highlight a broader battle over image rights in the real‑estate industry. Real Estate News has requested further comments from both parties.

Zillow vs. CoStar copyright lawsuit: legal battle over misuse of law.