Complaint for Copyright Infringement Page 1 of 6

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO.

MATTHEW STALLONE,

Plaintiff,

v.

MILLIONAIRE MENTOR, INC.,

and JASON STONE,

Defendants.

____________________________________/

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Plaintiff, MATTHEW STALLONE (“Stallone” or “Plaintiff”), brings this complaint in the

United States District Court for the Southern District of Florida against MILLIONAIRE

MENTOR, INC. (“Millionaire Mentor”), and JASON STONE (“Stone”) (together “Defendants”),

alleging as follows:

PARTIES

1. Plaintiff is a highly regarded and sought-after real estate photographer and videographer

who specializes in HDR photography, virtual tour and floor plans for houses, and drone videos.

Plaintiff resides at 12958 Keele Street, Unit A, King City, Ontario, L7B1H8 Canada, and is a

citizen of Canada.

2. On information and belief, Defendant Millionaire Mentor is a Domestic Corporation

existing under the laws of the State of Delaware, with its corporate headquarters at 5104 SW 131st

Avenue, Miami, Florida 33175. Millionaire Mentor is a motivator, mentor, teacher, and social

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media service, which owns, operates, and is solely responsible for the content on its commercial

website, www.millionairementor.com.

3. On information and belief, Defendant Stone is an individual and the Founder and Principal

of Millionaire Mentor and resides at 10340 SW 187th Street, Miami, Florida 33157, and is a citizen

of the State of Florida.

JURISDICTION AND VENUE

4. This is a civil action seeking damages for copyright infringement under the copyright laws

of the United States (17 U.S.C. § 101 et seq.).

5. This Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C. § 1331 (federal

question); and 28 U.S.C. § 1338(a) (copyright).

6. This Court has personal jurisdiction over Defendants, and venue in this District is proper

under 28 U.S.C. § 1391(b), because the events giving rise to the claims occurred in this district,

Defendants engaged in infringement in this district, Defendants resides in this district, and

Defendants are subject to personal jurisdiction in this district.

7. Defendants are subject to personal jurisdiction in Florida.

8. This Court also has personal jurisdiction over Defendants, and venue in this District is

proper under 28 U.S.C. § 1400(a).

FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS

9. On September 25, 2018, Plaintiff captured the photograph, “39 Stafford Rd Porsche -1”

(“Copyrighted Photograph”), attached hereto as Exhibit 1. Plaintiff captured Copyrighted

Photograph using great technical skill and careful timing, as well as significant time and energy.

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10. On August 23, 2018, Plaintiff posted Copyrighted Photograph to

www.instagram.com/p/BoLLz7in_0U/?utm_source=ig_twitter_share&igshid=fi3idifwsvh4 (Last

visited May 28, 2019). See Exhibit 2.

11. Plaintiff attached the text “Matthew Stallone photography” to Copyrighted Photograph.

See Exhibit 3.

12. Beginning on or about October 14, 2018, Defendants copied and posted Copyrighted

Photograph to the Defendants’ Instagram feed, www.instagram.com/millionaire_mentor (Last

visited April 10, 2020). A true and correct copy of the Copyrighted Photograph from Defendants’

Instagram feed is attached as Exhibit 4.

13. Upon information and belief, Defendants used Copyright Photograph as a full-page

advertisement for Defendants’ commercial business and website.

14. Defendants attached the following text to its unauthorized use of Copyrighted Photograph:

“MILLIONAIRE MENTOR. A LITTLE DAY ADDS UP TO BIG RESULTS” and attached the

Millionaire Mentor logo to its unauthorized use of Copyrighted Photograph. A true and correct

copy of the “Millionaire Mentor” logo attached ot the Copyrighted Photographs is attached as

Exhibit 5.

15. Plaintiff registered Copyrighted Photograph with the United States Copyright Office on

February 11, 2020 (Registration No.: VA 2-196-403).

16. Defendants copied and posted Copyright Photograph without license or permission of

Plaintiff.

COUNT I: INFRINGEMENT OF COPYRIGHT PURSUANT TO 17 U.S.C. § 101 ET SEQ

17. Plaintiff incorporates herein by this reference each and every allegation contained in

paragraphs 1-16 above.

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18. Plaintiff is, and at all relevant times has been, the copyright owner or licensee of exclusive

rights under United States copyright with respect to Copyrighted Photograph, which is the subject

of a valid and complete Certificate of Copyright Registration by the Register of Copyrights.

19. Among the exclusive rights granted to each Plaintiff under the Copyright Act are the

exclusive rights to reproduce and distribute the Copyrighted Photograph to the public.

20. Upon information and belief, Stone is the dominant influences in Millionaire Mentor, and

determined and/or directed the policies that led to the infringements complained of herein.

Accordingly, Stone is jointly and severally liable for any direct copyright infringement committed

by Millionaire Mentor. See Broad. Music, Inc. v. It’s Amore Corp., No. 3:08CV570, 2009 WL

1886038 (M.D. Pa. June 30, 2009), citing Sailor Music v. Mai Kai of Concord, Inc., 640 F. Supp.

629, 634 (D.N.H.1984).

21. Upon further information and belief, Stone maintained the right and ability to control the

infringing activities of Millionaire Mentor, and had a direct financial interest in those activities by

virtue of his equity ownership in the companies. Accordingly, Stone is vicariously liable for any

copyright infringement committed by Millionaire Mentor. See, e.g., Broad. Music, Inc. v. Tex

Border Mgmt., 11 F. Supp. 3d 689, 693-94 (N.D. Tex. 2014).

22. Plaintiff is informed and believes Defendants, without the permission or consent of

Plaintiff, copied and used Copyrighted Photograph on Defendants’ commercial website,

www.millionairementor.com. In doing so, Defendants violated Plaintiff’s exclusive rights of

reproduction and distribution. Defendants’ actions constitute infringement of Plaintiff’s copyright

and exclusive rights under copyright.

23. Plaintiff is informed and believes that the foregoing act of infringement was willful and

intentional, in disregard of and with indifference to the rights of Plaintiff.

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24. As a result of Defendants’ infringement of Plaintiff’s copyright and exclusive rights under

copyright, Plaintiff is entitled to actual or statutory damages, including any profits realized by

Defendants attributable to the infringement, pursuant to 17 U.S.C. § 504 for Defendant’s

infringement of Copyrighted Photograph.

COUNT II: REMOVAL AND ALTERATION OF INTEGRITY OF COPYRIGHT

MANAGEMENT INFORMATION PURSUANT TO 17 U.S.C. § 1202

25. Plaintiff incorporates herein by this reference each and every allegation contained in

paragraphs 1-16 above.

26. Plaintiff is informed and believes that Defendants, without the permission or consent of

Plaintiff, knowingly and with the intent to conceal infringement, intentionally removed the

copyright management information from Plaintiff’s Copyrighted Photograph before displaying

Copyrighted Photograph on Defendants’ public website, www.millionairementor.com. In doing

so, Defendant violated 17 U.S.C. § 1202(a)(1) and (b)(1).

27. As a result of Defendants’ actions, Plaintiff is entitled to actual or statutory damages

pursuant to 17 U.S.C. § 1203(c). Plaintiff is further entitled to their attorney’s fees and costs

pursuant to 17 U.S.C. § 1203(b)(5).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

A. Declaring that Defendants’ unauthorized conduct violates Plaintiff’s rights under the

Federal Copyright Act;

B. Immediately and permanently enjoining Defendants, its officers, directors, agents,

servants, employees, representatives, attorneys, related companies, successors, assigns, and all

others in active concert or participation with them from copying and republishing Plaintiff’s

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Copyrighted Photograph without consent or otherwise infringing Plaintiff’s copyright or other

rights in any manner;

C. Ordering Defendants to account to Plaintiff for all gains, profits, and advantages derived

by Defendants by their infringement of Plaintiff’s copyright or such damages as are proper;

D. Awarding Plaintiff actual and/orstatutory damagesfor Defendants’ copyright infringement

in an amount to be determined at trial;

E. Awarding Plaintiff his costs, reasonable attorney’s fees, and disbursements in this action,

pursuant to 17 U.S.C. § 505, 17 U.S.C. § 1203(b)(3), and § 1203(b)(5); and

F. Awarding Plaintiff such other and further relief as is just and proper.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all claims for which there is a right to jury trial.

Dated: June 22, 2020 Respectfully submitted,

_____________________________

Joycelyn S. Brown,

Florida Bar No. 0058277

IPS Legal Group, P.A.

1951 NW 7th Ave, Suite 600

Miami, Florida 33136

Tel: 786-539-5098

Email: jbrown@ipslegalgroup.com

__/s/_David Deal_________

David C. Deal

Virginia Bar No. 86005

The Law Office of David C. Deal, P.L.C.

P.O. Box 1042

Crozet, VA 22932

Tel: 434-233-2727

Email: david@daviddeal.com

Counsel for Plaintiff

Pro Hac Vice Admission pending

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