Instacart And Cornershop Agree To Stipulated Preliminary Injunction

In July, Instacart sued Uber’s grocery shopping and delivery platform, Cornershop, for copyright infringement claiming that Cornershop was scraping and using Instacart’s copyrighted images on its own platform. In an effort to resolve their dispute, the parties agreed Wednesday to a stipulated order, which the parties have requested for the court to enter

Accordingly, Cornershop is enjoined from “(d)isplaying, publishing, reproducing, or distributing any copies or derivatives of (i) any of Instacart’s copyrighted images…and (ii) any of Instacart’s package information, file names, metadata, product descriptions, pricing information, catalog information, and data.” Cornershop is also enjoined from “(s)craping, or facilitating the scraping of, any Instacart platform, or otherwise copying or facilitating the copying of portions of any Instacart platform, in excess of the license granted by the Terms of Service posted thereon”; “(o)therwise accessing and using any Instacart platform in excess of the license granted by the Terms of Service posted thereon”; “using or displaying any original or altered computer files, data, or other information including but not limited to images, package information, file names, metadata, and catalog information such as pricing, product information, and product availability, originating from scraping, at any time, any Instacart platform, on any platform operated by Cornershop or its affiliates.” Cornershop also agreed and confirmed that it did not disseminate this information other than on its own site, that it will comply with the aforementioned information, and that it has changed its business practices to comply with the order.

Furthermore, Cornershop will also allow a third-party group, The Berkeley Research Group (BRG), at its own expense “to forensically image all Instacart computer files, data, and information that Cornershop or any entity acting in active concert with Cornershop scraped or copied from an Instacart platform, that are in Cornershop’s possession, custody, or control….After these materials have been forensically imaged and preserved, Cornershop will – under the supervision of BRG – remove and delete all” Instacart content and data. This will be certified and BRG will inspect Cornershop’s equipment, servers, etc. to verify its compliance. A BRG inspection is also subject to confidentiality restrictions. Additionally, if Instacart has good cause to believe that Cornershop is not complying with these specified terms, it can request BRG to audit Cornershop’s systems and servers, after which, Cornershop has five days to respond to the audit request.

The parties also put forth a proposed court order for their motion.

Instacart is represented by Keker, Van Nest & Peters LLP; Orrick, Herrington & Sutcliffe LLP; and Potter Minton. Cornershop is represented by Morrison & Foerster LLP; Morgan, Lewis & Bockius, LLP; and Gillam & Smith, LLP.