In a complaint filed Thursday in Atlanta, Adventure Advertising says Cain and his team agreed to pay $1,050 to use three photographs in campaign materials.

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The agency claims that the Cain campaign later asked permission to use a high-resolution image of one photo for the cover of the book. The agency says it never gave the necessary permission but that the book was published anyways.

Adventure Advertising is asking for profits from the sale of the book and an order allowing it to seize remaining copies from publisher Simon & Schuster (NYSE: CBS) which is also listed as a defendant. The book hit #4 on the New York Times (NYSE: NYT) bestseller list last fall.

Herman Cain, who is the former CEO of the Godfather’s pizza chain, was briefly a front-runner in the Republican presidential and made a splash with his novel “9-9-9” plan for tax reform. He folded his campaign in December amidst allegations of womanizing.