[UPDATE: Rockefeller Photos voluntarily dismissed this case on Aug. 14, 2025.]
The vivid, mouthwatering delights depicted on The Iron Tomato’s menu look so scrumptious they almost seem illegal. And they are, a Miami company claims.
Rockefeller Photos, a photo licensing agency, accused the White Plains restaurant of copyright infringement, in a complaint filed on July 24 in U.S. District Court, White Plains.
The Iron Tomato probably found the photos on the internet, according to the complaint, but rather than paying Rockefeller for a license, “simply copied the works for its own commercial use.”
The photos are owned and copyrighted by Prepared Food Photos, of Fort Lauderdale, Florida, and are typically used by supermarkets and ad agencies, according to the complaint. Rockefeller represents Prepared Food Photos, and has exclusive rights to license use of the images.
The lawsuit identifies four Prepared Food Photos allegedly used by the Iron Tomato: eggplant rollatini smothered in a red sauce; a heap of shrimp cocktail; a hoagie crammed with and surrounded by cold cuts and cheese; and a crosscut of two sandwiches revealing layers of ingredients.
The photos were snapped from 1994 to 2005, according to the copyright registrations.
The Iron Tomato, on Mamaroneck Avenue’s restaurant row at the center of downtown White Plains, depicts itself as a premier marketplace, cafe and caterer. According to the lawsuit, the eatery used the food photos to advertise and promote its business on its menu, website, and Facebook and Instagram accounts.
Prepared Food Photos discovered The Iron Tomato’s use of its photos in October 2023, the complaint states, and Rockefeller notified the restaurant that use of the photos was unauthorized.
The Iron Tomato clearly understands “that professional photography … is generally paid for and cannot simply be copied from the internet,” the complaint states.
Rockefeller is asking the court to declare that The Iron Tomato willfully infringed on copyrights, award unspecified monetary damages, and direct the restaurant to stop using copyrighted works.
The Iron Tomato did not reply to a message asking for its side of the story. Internet links to the four images on the restaurant’s menu, that are included in the complaint as exhibits, are no longer active.
