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Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 1 of 52

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

CASE NO. ______

RICHARD H. BARNES, JR., COMPLAINT AND DEMAND FOR Plaintiff, JURY TRIAL v.

LAMAR D. JACKSON, LAMAR JACKSON

ENTERPRISES INCORPORATED, and RONALD DUPONT Defendants.

Plaintiff RICHARD H. BARNES, JR., by and through undersigned counsel, pursuant to the

applicable Federal Rules of Civil Procedure and the Local Rules of this Court, demands a trial by

jury of all claims and issues so triable, and for his Complaint against the Defendants LAMAR D.

JACKSON, LAMAR JACKSON ENTERPRISES INCORPORATED, and RONALD

DUPONT, hereby asserts and alleges as follows:

THE PARTIES

Plaintiff

1. Plaintiff Richard H. Barnes, Jr. (hereinafter “BARNES”) is a highly regarded professional

photographer and a resident of the state of New York residing at 23 Samson Street, Cortland, New

York 13045. Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 2 of 52

2. BARNES specializes in sports photography and has photographed sporting events in the

United States in a professional capacity.

3. BARNES has photographed National Collegiate Athletic Association (“NCAA”) games,

including various collegiate football games, collegiate football bowl games, collegiate basketball

games, collegiate soccer games, and collegiate lacrosse games, (“NFL”)

games, Minor League Baseball (“MiLB”) games, and NASCAR events.

4. BARNES’s photographs have been prominently featured by numerous print and digital

media outlets, including USA TODAY Sports, Sports Illustrated, National Geographic, The New

Yorker, The New York Times, and many others.

Defendant Lamar D. Jackson

5. Upon information and belief, Defendant, Lamar D. Jackson (hereinafter “JACKSON”), is a

professional athlete who is employed by the , a franchise of the NFL.

6. Upon information and belief, JACKSON is a resident of the state of Maryland and resides

at 24 Aston Ct. Owings Mills, MD 21117.

7. Upon information and belief, JACKSON owns and/or operates multiple social media

accounts through which JACKSON uploads and displays media for fans and other members of the

public to view.

8. Upon information and belief, JACKSON created and/or controls the Facebook account

having the username “lamarjacksonofficial” (hereinafter “FACEBOOK ACCOUNT”).

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9. Upon information and belief, JACKSON created and/or controls the account having

the username “Lj_era8” (hereinafter “TWITTER ACCOUNT”).

10. Upon information and belief, JACKSON created and/or controls the Instagram account

having the username “new_era8” (hereinafter “INSTAGRAM ACCOUNT”).

11. Upon information and belief, JACKSON created and/or controls the YouTube channel

titled “Lamar Jackson” and accessible at the URL

https://www.youtube.com/channel/UCtVU05SXwMQpBdA4diEUpGg (hereinafter “YOUTUBE

CHANNEL”).

12. Upon information and belief, JACKSON uploads and displays photographs, video

recordings, and other works to the FACEBOOK ACCOUNT.

13. Content uploaded to the FACEBOOK ACCOUNT can be viewed by members of the

public at the URL https://www.facebook.com/lamarjacksonofficial/ (hereinafter “FACEBOOK

PAGE”).

14. A printed version of the FACEBOOK PAGE, as retrieved on November 2, 2018, is attached

hereto as EXHIBIT 1.

15. Upon information and belief, JACKSON uploads and displays photographs, video

recordings, and other works to the TWITTER ACCOUNT.

16. Content uploaded to the TWITTER ACCOUNT can be viewed by members of the public

at the URL https://twitter.com/lj_era8 (hereinafter “TWITTER PAGE”).

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17. A printed version of the TWITTER PAGE, as retrieved on October 1, 2018, is attached

hereto as EXHIBIT 2.

18. Upon information and belief, JACKSON uploads and displays photographs, video

recordings, and other works to the INSTAGRAM ACCOUNT.

19. Content uploaded to the INSTAGRAM ACCOUNT can be viewed by members of the

public at the URL https://www.instagram.com/new_era8/?hl=en (hereinafter “INSTAGRAM

PAGE”).

20. A printed version of the INSTAGRAM PAGE, as retrieved on October 1, 2018, is attached

hereto as EXHIBIT 3.

21. Upon information and belief, JACKSON uploads and displays video recordings and other

works to the YOUTUBE CHANNEL.

22. A printed version of the YOUTUBE CHANNEL, as retrieved on April 5, 2019, is attached

hereto as EXHIBIT 4.

23. Upon information and belief, JACKSON, or someone acting at the direction of JACKSON,

copied, published, displayed, distributed, created derivative works of, modified, offered for sale,

and/or sold unauthorized copies of one or more of BARNES’s photographs that are protected by

the Copyright Act of 1976 and are the subject of this litigation.

Defendant Lamar Jackson Enterprises Incorporated

24. LAMAR JACKSON ENTERPRISES INCORPORATED (“ENTERPRISES”) is a for-

profit corporation duly organized and existing under the laws of the state of Florida.

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25. ENTERPRISES has the principal address of 1557 N. Dixie Highway 4, Pompano Beach,

Florida 33060, which is its principal place of business.

26. Upon information and belief, JACKSON is the President of ENTERPRISES.

27. Upon information and belief, individuals other than JACKSON are also involved in

conducting the affairs of ENTERPRISES.

28. Upon information and belief, ENTERPRISES owns and/or operates ERA 8 APPAREL

(“APPAREL”), a retail merchandise business with a contact address of 121 SW 7th Avenue, Boynton

Beach, Florida 33435.

29. Upon information and belief, ENTERPRISES created, had created, and/or controls the

online retail store for APPAREL that is accessible by members of the public at the URL

https://era8apparel.com/ (hereinafter “APPAREL.COM”).

30. Upon information and belief, APPAREL.COM includes a link to the FACEBOOK

ACCOUNT under the heading “FOLLOW US.”

31. Upon information and belief, APPAREL.COM includes a link to the TWITTER

ACCOUNT under the heading “FOLLOW US.”

32. Upon information and belief, APPAREL.COM includes a link to the INSTAGRAM

ACCOUNT under the heading “FOLLOW US.”

33. Upon information and belief, APPAREL.COM includes a link to the YouTube

ACCOUNT under the heading “FOLLOW US.”

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34. Upon information and belief, ENTERPRISES displays and offers for sale apparel and other

merchandise on APPAREL.COM.

35. Upon information and belief, ENTERPRISES offers for sale through APPAREL.COM

merchandise, including apparel, fashion accessories such as hats and bags, smartphone accessories,

and/or other merchandise.

36. A printed version of a page from APPAREL.COM, as retrieved on November 2, 2018, is

attached hereto as EXHIBIT 5.

37. Upon information and belief, ENTERPRISES created, displayed, published, offered for

sale, and/or sold one or more products through APPAREL.COM that include unauthorized

derivative works of one or more of BARNES’S photographs that are protected by the copyright law

of the United States and are the subject of this litigation.

Defendant Ronald Dupont

38. Upon information and belief, Defendant RONALD DUPONT (hereinafter “DUPONT”),

is a jeweler who operates under the Stacks Custom Jewelry store in Miami, Florida.

39. Upon information and belief, DUPONT is a resident of the state of Florida and operates

his Stacks Custom Jewelry store at 17 E Flagler, Miami, Florida 33132.

40. Upon information and belief, DUPONT owns and/or operates multiple social media

accounts through which DUPONT uploads and displays content for customers, prospective

customers, and other members of the public to view.

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41. Upon information and belief, DUPONT created and/or controls the Instagram account

having the username “stackscustoms” (hereinafter “STACKS INSTAGRAM ACCOUNT”).

42. Upon information and belief, DUPONT uploads and displays photographs, video

recordings, and other works to the STACKS INSTAGRAM ACCOUNT.

43. Content uploaded to the INSTAGRAM ACCOUNT can be viewed by members of the

public at the URL https://www.instagram.com/stackscustoms/?hl=en (hereinafter “STACKS

INSTAGRAM PAGE”).

44. A printed version of the STACKS INSTAGRAM PAGE, as retrieved on February 9, 2021,

is attached hereto as EXHIBIT 39.

45. Upon information and belief, DUPONT created, displayed, published, offered for sale,

and/or sold one or more derivative works of one or more of BARNES’S photographs that are

protected by the copyright law of the United States and are the subject of this litigation.

JURISDICTION AND VENUE

46. Jurisdiction for BARNES’s claims lies with the United States District Court for the Southern

District of Florida pursuant to the Copyright Act of 1976, 17 U.S.C. §§ 101, et seq., 28 U.S.C. §

1331 (conferring original jurisdiction “of all civil actions arising under the Constitution, laws, or

treaties of the United States”); 28 U.S.C. § 1338(a) (conferring original jurisdiction over claims arising

under any Act of Congress relating to copyrights); 18 U.S.C. § 1964(a) (conferring original

jurisdiction over claims arising under 18 U.S.C. § 1962).

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47. Jurisdiction for BARNES’s claims also lies with the United States District Court for the

Southern District of Florida pursuant to 28 U.S.C. 1332(a)(1) (conferring original jurisdiction over

claims arising between citizens of different states).

48. Defendant JACKSON is subject to personal jurisdiction in the United States District Court

for the Southern District of Florida pursuant to Federal Rule of Civil Procedure 4(b) and the Florida

Long Arm Statute, Fla. Stat. § 48.193(1) and (2), because JACKSON is engaged in substantial and

not isolated activity within the state of Florida, specifically, through ENTERPRISES.

49. Defendant ENTERPRISES is subject to personal jurisdiction in the United States District

Court for the Southern District of Florida because ENTERPRISES is organized under the laws of

the State of Florida, is principal place of business is located in Palm Beach County, and it transacts

business or performs work in the state of Florida.

50. Defendant DUPONT is subject to personal jurisdiction in the United States District Court

for the Southern District of Florida because DUPONT resides in the State of Florida and transacts

business and performs work in the state of Florida, specifically, through STACKS CUSTOM.

51. Specific jurisdiction over JACKSON, ENTERPRISES, and DUPONT exists in accordance

with Section 48.193(1)(a)(1) and (2), Florida Statutes, because during the relevant time period

JACKSON, ENTERPRISES, and DUPONT: (1) operated, conducted, engaged in, and/or carried

on a business in the State of Florida; (2) maintained offices and/or agents in the State of Florida; and

(3) committed tortious acts within the State of Florida.

52. General jurisdiction exists over JACKSON, ENTERPRISES, and DUPONT in accordance

with Section 48.193(2), Florida Statutes, because JACKSON, ENTERPRISES, and DUPONT

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engaged in substantial and not isolated activity within the State of Florida during the relevant time

period. Further, JACKSON, ENTERPRISES, and DUPONT have sufficient minimum contacts

with the State of Florida — including continuous, extensive, systematic, and pervasive business

contacts with Florida — such that (1) they should reasonably anticipate being haled into court in

Florida and (2) maintenance of this lawsuit against JACKSON, ENTERPRISES, and DUPONT

would not offend traditional notions of fair play and substantial justice.

53. More specifically, during the relevant time period, JACKSON, ENTERPRISES, and

DUPONT: (1) routinely and directly communicated with and supervised individuals who were

domiciled in, and resided and worked in, the State of Florida; (2) directed their activities in Florida

by contracting with individuals domiciled in State of Florida; (3) employed individuals in the State

of Florida to conduct their business; (4) routinely solicited and engaged in business with Florida

residents by: (a) communicating with them; (b) publishing and distributing to them BARNES’s

copyright-protected photographs; and (c) offering to sell and selling to them products derived from

BARNES’s copyright-protected photographs; and (5) infringed BARNES’s copyrights, violated 17

U.S.C. § 1202, violated 18 U.S.C. § 1962(c),(d), and violated Section 895.03(3), Florida Statutes, by

copying, publishing, distributing, and/or otherwise using or exploiting BARNES’s copyright-

protected photographs in the State of Florida.

54. Venue is proper in this Court under 28 U.S.C. § 1391(b) since the alleged misconduct by

JACKSON, ENTERPRISES, and DUPONT that gives rise to the claims asserted herein occurred

in this District, and under 28 U.S.C. § 1400(a) since JACKSON, ENTERPRISES, and DUPONT

infringed BARNES’s copyrights in this District and do business in this District.

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55. ENTERPRISES is deemed to reside in the Southern District of Florida because its contacts

with this District would be sufficient to subject it to personal jurisdiction in this District if it were a

separate State pursuant to 28 U.S.C. § 1391(d).

56. Venue is proper in this Court under 18 U.S.C. § 1965(a) because JACKSON,

ENTERPRISES, and DUPONT reside, can be found, have an agent, or transact their affairs in this

District.

FACTS COMMON TO ALL CLAIMS

57. BARNES is a professional photographer that photographs sporting events and licenses his

photographs to earn a living.

58. BARNES specializes in creating sports-related photography primarily related to or involving

collegiate and professional sports teams, games, and events, such as National Collegiate Athletic

Association (“NCAA”) games, including various collegiate football games, collegiate football bowl

games, collegiate basketball games, collegiate soccer games, and collegiate lacrosse games, National

Football League (“NFL”) games, Minor League Baseball (“MiLB”) games, and motorsport events,

including NASCAR events.

59. BARNES regularly attends sporting events at the request of various news outlets to

photograph the events.

60. BARNES owns vast collections of photographs he created during the events he attends,

including events involving JACKSON.

61. A list of BARNES’s photographs that are the subject of this litigation is attached as EXHIBIT

6.

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62. BARNES’s copyrights in and to the photographs listed in EXHIBIT 6 that are the subject

of this litigation have been registered with the United States Copyright Office. (See EXHIBITS 12-

13.)

63. All of the photographs listed in EXHIBIT 6 that are the subject of this litigation were created

by BARNES and BARNES solely owns all copyrights in and to the photographs.

64. BARNES previously made each of the photographs listed in EXHIBIT 6 available for

licensing through a news outlet.

65. Despite never having obtained a license or valid permission to use any of the photographs

listed in EXHIBIT 6 for any purpose, JACKSON, or someone acting at the direction of JACKSON,

copied, published, displayed, distributed, created derivative works of, modified, and/or sold copies

of each of the photographs through at least one or each of his INSTAGRAM PAGE, FACEBOOK

PAGE, TWITTER PAGE, YOUTUBE CHANNEL, or on APPAREL.COM for JACKSON’s

own benefit and financial gain, as described in more detail herein.

66. At the request of a news outlet, BARNES attended the September 9, 2016 NCAA football

game between the and as a credentialed professional

photographer.

67. During the September 9, 2016 game between the University of Louisville and Syracuse

University, BARNES created various photographs of JACKSON, who at the time was a University

of Louisville college athlete.

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68. BARNES created a first photograph of JACKSON during the September 9, 2016 game

between the University of Louisville and Syracuse University, a copy of which is attached hereto as

EXHIBIT 7 (hereinafter “First Hurdle Photograph”).

69. BARNES created a second photograph of JACKSON during the September 9, 2016 game

between the University of Louisville and Syracuse University, a copy of which is attached hereto as

EXHIBIT 8 (hereinafter “Second Hurdle Photograph”).

70. BARNES created a third photograph of JACKSON during the September 9, 2016 game

between the University of Louisville and Syracuse University, a copy of which is attached hereto as

EXHIBIT 9 (hereinafter "Running With The Football Photograph”).

71. BARNES created a fourth photograph of JACKSON during the September 9, 2016 game

between the University of Louisville and Syracuse University, a copy of which is attached hereto as

EXHIBIT 10 (hereinafter “Crossing The Goal Line Photograph”).

72. BARNES created a fifth photograph of JACKSON during the September 9, 2016 game

between the University of Louisville and Syracuse University, a copy of which is attached hereto as

EXHIBIT 11 (hereinafter “ Photograph”).

73. BARNES’s copyright in and to each of the First Hurdle Photograph, Running With The

Football Photograph, Crossing The Goal Line Photograph, and Touchdown Photograph is the

subject of this litigation and was registered with the United States Copyright Office on December 6,

2016, under registration number VA 2-047-612 (a copy of the registration is attached hereto as

EXHIBIT 12).

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74. BARNES’s copyright in and to the Second Hurdle Photograph is the subject of this litigation

and was registered with the United States Copyright Office on October 31, 2016, under registration

number VA 2-066-532 (a copy of the registration is attached hereto as EXHIBIT 13).

75. Each of the First Hurdle Photograph, Second Hurdle Photograph, Running With The

Football Photograph, Crossing The Goal Line Photograph, and Touchdown Photograph at issue in

this litigation was created solely by BARNES, and BARNES solely owns all copyrights in and to

these photographs.

76. BARNES posted to a news outlet searchable archive a version of the First Hurdle

Photograph bearing a watermark on the bottom portion of the photograph that reads “© 2016 Rich

Barnes – USA TODAY Sports” (hereinafter “BARNES’s Watermark”). (See EXHIBIT 14).

77. BARNES posted to a news outlet searchable archive a version of the Second Hurdle

Photograph bearing the BARNES’s Watermark on the bottom portion of the photograph. (See

EXHIBIT 15).

78. BARNES posted to a news outlet searchable archive a version of the Running With The

Football Photograph bearing the BARNES’s Watermark on the bottom portion of the photograph.

(See EXHIBIT 16).

79. BARNES posted to a news outlet searchable archive a version of the Crossing The Goal

Line Photograph bearing the BARNES’s Watermark on the bottom portion of the photograph. (See

EXHIBIT 17).

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80. BARNES posted to a news outlet searchable archive a version of the Touchdown

Photograph bearing the BARNES’s Watermark on the bottom portion of the photograph. (See

EXHIBIT 18).

81. BARNES made each of the First Hurdle Photograph, Second Hurdle Photograph, Running

With The Football Photograph, Crossing The Goal Line Photograph, and Touchdown Photograph

available for licensing through a news outlet.

82. JACKSON never obtained a license to use any of the First Hurdle Photograph, Second

Hurdle Photograph, Running With The Football Photograph, Crossing The Goal Line Photograph,

or Touchdown Photograph from the news outlet.

83. ENTERPRISES never obtained a license to use any of the First Hurdle Photograph, Second

Hurdle Photograph, Running With The Football Photograph, Crossing The Goal Line Photograph,

or Touchdown Photograph from the news outlet.

84. DUPONT never obtained a license to use any of the First Hurdle Photograph, Second

Hurdle Photograph, Running With The Football Photograph, Crossing The Goal Line Photograph,

or Touchdown Photograph from the news outlet.

85. BARNES has never granted a license or permission to use any of the First Hurdle

Photograph, Second Hurdle Photograph, Running With The Football Photograph, Crossing The

Goal Line Photograph, or Touchdown Photograph to JACKSON.

86. BARNES has never granted a license or permission to use any of the First Hurdle

Photograph, Second Hurdle Photograph, Running With The Football Photograph, Crossing The

Goal Line Photograph, or Touchdown Photograph to ENTERPRISES.

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87. BARNES has never granted a license or permission to use any of the First Hurdle

Photograph, Second Hurdle Photograph, Running With The Football Photograph, Crossing The

Goal Line Photograph, or Touchdown Photograph to DUPONT.

88. On September 10, 2016, one day after BARNES created each of the photographs that are

the subject of this litigation, JACKSON, or someone acting at the direction of JACKSON, posted

an unauthorized derivative work on JACKSON’s INSTAGRAM PAGE displaying and using the

Second Hurdle Photograph and the Running With The Football Photograph. (See EXHIBIT 19).

89. The unauthorized derivative work shown in EXHIBIT 19 received at least 5,716 likes on

JACKSON's INSTAGRAM PAGE.

90. On November 9, 2016, JACKSON, or someone acting at the direction of JACKSON,

posted an unauthorized derivative work on JACKSON’s INSTAGRAM PAGE displaying and using

the Touchdown Photograph. (See EXHIBIT 20).

91. The unauthorized derivative work shown in EXHIBIT 20 received at least 31,101 likes on

JACKSON's INSTAGRAM PAGE.

92. On December 12, 2016, JACKSON appeared on the “Dan Patrick Show” where JACKSON

and Dan Patrick discussed BARNES’s Second Hurdle Photograph (hereinafter “INTERVIEW”

and accessible at the URL https://www.youtube.com/watch?v=CiHdCjMN5wc&t=7m43s).

93. Starting at seven minutes and forty-three seconds of the INTERVIEW, JACKSON

acknowledges BARNES and BARNES’s Second Hurdle Photograph in which JACKSON states

that he “owes it to the great photographer.”

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94. On December 18, 2016, JACKSON, or someone acting at the direction of JACKSON,

posted an unauthorized use of BARNES’s Crossing The Goal Line Photograph on JACKSON’s

INSTAGRAM PAGE by displaying and using the Crossing The Goal Line Photograph. (See

EXHIBIT 21).

95. The unauthorized derivative work shown in EXHIBIT 21 received at least 41,850 likes on

JACKSON's INSTAGRAM PAGE.

96. On February 13, 2018, JACKSON filed a United States Trademark Registration Application

Serial Number: 87/796,367 (hereinafter “LEAP TRADEMARK”). The mark contained in this

application was copied using BARNES’s Second Hurdle Photograph. (See EXHIBITS 22 and 23).

97. On April 6, 2018, JACKSON, or someone acting at the direction of JACKSON, created a

video recording titled “Lamar Jackson: Road To The Draft (Part I)” in which JACKSON, or

someone acting at the direction of JACKSON, uploaded and posted said video recording to

JACKSON’s YOUTUBE CHANNEL (hereinafter “DRAFT VIDEO” and accessible at the URL

https://www.youtube.com/watch?v=vzCixUMo8us&t=7s ).

98. During the DRAFT VIDEO, JACKSON is shown wearing a clothing article displaying and

using an unauthorized derivative work that displays and uses BARNES’s Second Hurdle

Photograph. (See EXHIBIT 24).

99. On April 16, 2018, JACKSON, or someone acting at the direction of JACKSON, uploaded

the DRAFT VIDEO to JACKSON’s FACEBOOK PAGE.

100. On April 18, 2018, JACKSON, or someone acting at the direction of JACKSON, uploaded

the DRAFT VIDEO to JACKSON’s TWITTER PAGE.

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101. The DRAFT VIDEO shown in EXHIBIT 24 received at least 43,224 views on JACKSON's

YOUTUBE CHANNEL.

102. The LEAP TRADEMARK displaying BARNES’s Second Hurdle Photograph was

published in the Trademark Official Gazette on July 3, 2018, and a Notice of Allowance issued on

August 28, 2018. (See EXHIBITS 22 and 23).

103. Upon information and belief, after July 3, 2018, JACKSON, or someone acting at the

direction of JACKSON, and/or ENTERPRISES created an unauthorized derivative work of

BARNES’s Second Hurdle Photograph by using the LEAP TRADEMARK.

104. Upon information and belief, JACKSON, or someone acting at the direction of JACKSON,

and/or ENTERPRISES displayed, distributed, offered for sale, and/or sold the LEAP

TRADEMARK on APPAREL.COM by displaying the LEAP TRADEMARK on APPAREL

merchandise, including apparel, backpacks, smartphone accessories, kitchen accessories, and/or

other merchandise displaying the LEAP TRADEMARK. (See EXHIBIT 25).

105. Upon information and belief, JACKSON, or someone acting at the direction of JACKSON,

and/or ENTERPRISES displayed and used the LEAP TRADEMARK on APPAREL.COM in

which the LEAP TRADEMARK is located at the top left-hand corner of APPAREL.COM. (See

EXHIBIT 26).

106. Upon information and belief, DUPONT, or someone acting at the direction of DUPONT,

created a sculptural version of BARNES’s Second Hurdle Photograph without BARNES’s

permission (“STACKS JEWELRY”). Upon information and belief, this derivative work was

solicited by JACKSON and/or ENTERPRISES.

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107. Upon information and belief, DUPONT, or someone acting at the direction of DUPONT,

created photographs of the STACKS JEWELRY.

108. Upon information and belief, on approximately August 28, 2018, DUPONT, or someone

acting at the direction of DUPONT, posted the photographs of the unauthorized STACKS

JEWELRY on the STACKS INSTAGRAM PAGE. (See EXHIBIT 37).

109. The unauthorized creation of the STACKS JEWELRY and the photography depicting the

same shown in EXHIBIT 37 received at least 4,700 likes on the STACKS INSTAGRAM PAGE.

110. On September 1, 2018, JACKSON, or someone acting at the direction of JACKSON,

posted an unauthorized use of BARNES’s First Hurdle Photograph on JACKSON’s INSTAGRAM

PAGE by displaying and using the First Hurdle Photograph. (See EXHIBIT 27).

111. The unauthorized use of BARNES’s First Hurdle Photograph shown in EXHIBIT 27

received at least 112,082 likes on JACKSON's INSTAGRAM PAGE.

112. On January 7, 2019, JACKSON, or someone acting at the direction of JACKSON, retweeted

a Twitter post on JACKSON’s TWITTER PAGE that included an unauthorized use of BARNES’s

Second Hurdle Photograph uploaded by Live Feed Louisville (Twitter username: “LiveFeedLville”).

(See EXHIBIT 28).

113. A cease and desist letter was sent to JACKSON at JACKSON’s Maryland residence on

January 18, 2019, and was received at JACKSON’s Maryland residence on January 21, 2019

(hereinafter “FIRST LETTER”). A proof of delivery is attached as EXHIBIT 29.

114. Upon information and belief, JACKSON failed to respond to the FIRST LETTER by the

specified response date of January 31, 2019.

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115. Upon information and belief, JACKSON received and/or was notified of the FIRST

LETTER since JACKSON removed BARNES’s First Hurdle Photograph from JACKSON’S

INSTAGRAM PAGE between January 21, 2019, and February 22, 2019 (see EXHIBITS 30A

30B). EXHIBIT 30A shows JACKSON’s INSTAGRAM PAGE before the FIRST LETTER was

delivered on January 21, 2019, in which the First Hurdle Photograph is present. EXHIBIT 30B

shows JACKSON’s INSTAGRAM PAGE after the FIRST LETTER was delivered on January 21,

2019, in which the First Hurdle Photograph is removed.

116. On February 14, 2019, JACKSON filed a second United States Trademark Registration

Application Serial Number: 88/301,276 (hereinafter “ERA 8 TRADEMARK”) after the FIRST

LETTER was sent to JACKSON (see EXHIBIT 31).

117. Upon information and belief, JACKSON received and/or was notified of the FIRST

LETTER since JACKSON, or someone at the direction of JACKSON, and/or ENTERPRISES

removed the LEAP TRADEMARK from APPAREL.COM and replaced the LEAP

TRADEMARK from APPAREL.COM with the ERA 8 TRADEMARK between January 21, 2019,

and February 22, 2019 (see EXHIBIT 32).

118. Upon information and belief, JACKSON, or someone at the direction of JACKSON,

received and/or was notified of the FIRST LETTER since JACKSON and/or ENTERPRISES

removed the LEAP TRADEMARK from each and every APPAREL product offered for sale on

APPAREL.COM and replaced the LEAP TRADEMARK on these products with the ERA 8

TRADEMARK between January 21, 2019, and February 22, 2019 (see EXHIBIT 33).

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119. A second cease and desist letter was sent to JACKSON at JACKSON’s residence on

February 26, 2019, and was received at JACKSON’s residence on February 28, 2019 (hereinafter

“SECOND LETTER”). A proof of delivery is attached as EXHIBIT 34.

120. Upon information and belief, JACKSON failed to respond to the SECOND LETTER by

the specified response date of March 15, 2019, stated in the SECOND LETTER.

121. On June 8, 2019, JACKSON, or someone acting at the direction of JACKSON, retweeted

a Twitter post on JACKSON’s TWITTER PAGE that included an unauthorized use of BARNES’s

Second Hurdle Photograph uploaded by Lincoln BIO (Twitter username: “SamlamStevens”) (see

EXHIBIT 35).

122. On August 17, 2019, JACKSON, or someone acting at the direction of JACKSON,

retweeted a Twitter post on JACKSON’s TWITTER PAGE that included an unauthorized use of

BARNES’s Second Hurdle Photograph uploaded by Carte Blanche (Twitter username:

“G0dGiven”). (See EXHIBIT 36).

123. Despite never having obtained a license or valid permission to use each of BARNES’s First

Hurdle Photograph, Second Hurdle Photograph, Running With The Football Photograph, Crossing

The Goal Line Photograph, or Touchdown Photograph for any purpose, JACKSON, or someone

at the direction of JACKSON, copied, published, displayed, distributed, created derivative works

using, modified, and/or sold copies of BARNES’s First Hurdle Photograph, Second Hurdle

Photograph, Running With The Football Photograph, Crossing The Goal Line Photograph, and

Touchdown Photograph for his own benefit and financial gain through at least one or both

JACKSON and/or ENTERPRISES.

20 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 21 of 52

124. JACKSON, or someone acting at the direction of JACKSON, copied, published, and/or

displayed BARNES’s First Hurdle Photograph on JACKSON’s INSTAGRAM PAGE for

JACKSON’s own benefit and financial gain.

125. JACKSON, or someone at the direction of JACKSON, copied, published, and/or displayed

an unauthorized derivative work of BARNES’s Second Hurdle Photograph on JACKSON

INSTAGRAM PAGE for JACKSON’s own benefit and financial gain.

126. JACKSON, or someone acting at the direction of JACKSON, and/or ENTERPRISES

created and/or sold merchandise including apparel, backpacks, smartphone accessories, kitchen

accessories, and/or other merchandise that included BARNES’s Second Hurdle Photograph

through at least APPARAL.COM.

127. JACKSON, or someone acting at the direction of JACKSON, copied, published, and/or

displayed an unauthorized derivative work of BARNES’s Running With The Football Photograph

on JACKSON’s INSTAGRAM PAGE for JACKSON’s own benefit and financial gain.

128. JACKSON, or someone acting at the direction of JACKSON, copied, published, and/or

displayed BARNES’s Crossing The Goal Line Photograph on JACKSON’s INSTAGRAM PAGE

for JACKSON’s own benefit and financial gain.

129. JACKSON, or someone acting at the direction of JACKSON, copied, published, and/or

displayed an unauthorized derivative work of BARNES’s Touchdown Photograph on JACKSON’s

INSTAGRAM PAGE for JACKSON’s own benefit and financial gain.

130. Because information regarding the full scope of JACKSON’s use for each of BARNES’s

First Hurdle Photograph, Second Hurdle Photograph, Running With The Football Photograph,

21 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 22 of 52

Crossing The Goal Line Photograph, and Touchdown Photograph remains in the sole possession

of JACKSON and/or ENTERPRISES, BARNES has not been able to ascertain the full scope of

JACKSON’s and/or ENTERPRISES’s infringing activities.

131. BARNES has been able to ascertain and obtain proof of certain infringements committed

by JACKSON by visiting JACKSON’s INSTAGRAM PAGE, as shown in EXHIBITS 4, 19

through 21, and 27.

132. Attached hereto as EXHIBITS 4, 19 through 21, and 27 are screen captures from

JACKSON’s INSTAGRAM PAGE setting forth the currently available proof of JACKSON’s

unlicensed and infringing uses of BARNES’s First Hurdle Photograph, Second Hurdle Photograph,

Running With The Football Photograph, Crossing The Goal Line Photograph, and Touchdown

Photograph to which BARNES owns all copyrights.

133. The unauthorized and infringing uses identified in EXHIBITS 4, 19 through 21, and 27 are

intended merely to demonstrate the currently known uses of BARNES’s photographs by

JACKSON.

134. EXHIBITS 4, 19 through 21, and 27 are, therefore, illustrative only and are not intended to

represent the full scope of JACKSON’s infringements.

135. Upon information and belief, a reasonable opportunity for further investigation and

discovery will yield evidence that JACKSON’s unauthorized, unlicensed, and/or infringing use and

exploitation of BARNES photographs is not limited to the uses identified in EXHIBITS 4, 19

through 21, and 27.

22 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 23 of 52

136. BARNES has been able to ascertain and obtain proof of certain infringements committed

by JACKSON by visiting JACKSON’s FACEBOOK PAGE, TWITTER PAGE, and YOUTUBE

CHANNEL, as shown in EXHIBITS 28, 35, 36, and 24.

137. Attached hereto as EXHIBITS 28, 35, 36, and 24 are screen captures from JACKSON’s

TWITTER PAGE and YOUTUBE CHANNEL setting forth the currently available proof of

JACKSON’s unlicensed and infringing uses of BARNES’s Second Hurdle Photograph to which

BARNES owns all copyrights.

138. The allegations and exhibits detailing Defendants’ infringing conduct are illustrative and are

not intended to represent the full scope of Defendants’ infringements.

139. BARNES has been able to ascertain and obtain proof of certain infringements committed

by JACKSON by visiting the United States Patent and Trademark Office Trademark Electronic

Search System website (hereinafter “Search System”) and viewing JACKSON’s Trademark, as

shown in EXHIBITS 22 and 23.

140. Attached hereto as EXHIBITS 22 and 23 are screen captures and an electronic mail

document from the Search System and the United States Patent and Trademark Office setting forth

the currently available proof of JACKSON’s unlicensed and infringing uses of BARNES’S Second

Hurdle Photograph to which BARNES owns all copyrights.

141. BARNES has been able to ascertain and obtain proof of certain infringements committed

by JACKSON and/or ENTERPRISES by visiting and viewing APPAREL.COM, as shown in

EXHIBITS 5, 25, and 26.

23 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 24 of 52

142. Attached hereto as EXHIBITS 5, 25, and 26 are screen captures from APPAREL.COM

providing illustrative examples of JACKSON’s and/or ENTERPRISES’s unlicensed and infringing

uses of BARNES’s Second Hurdle Photograph to which BARNES owns all copyrights.

143. Neither JACKSON nor ENTERPRISES has ever had a valid license, authorization, or

permission to use, copy, publish, display, sell, or create derivative works using copies of BARNES’s

First Hurdle Photograph.

144. Neither JACKSON, ENTERPRISES, nor DUPONT has ever had a valid license,

authorization, or permission to use, copy, publish, display, sell, or create derivative works using

BARNES’s Second Hurdle Photograph.

145. JACKSON has never had a valid license, authorization, or permission to copy, publish,

display, sell, modify, or create derivative works using copies of BARNES’s Running With The

Football Photograph.

146. JACKSON has never had a valid license, authorization, or permission to copy, publish,

display, sell, modify, or create derivative works using copies of BARNES’s Crossing The Goal Line

Photograph.

147. JACKSON has never had a valid license, authorization, or permission to copy, publish,

display, sell, modify, or create derivative works using copies of BARNES’s Touchdown Photograph.

148. Neither JACKSON nor ENTERPRISES has ever had a valid license, authorization, or

permission to distribute, transfer, or sell copies of BARNES’s First Hurdle Photograph to third

parties for any reason.

24 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 25 of 52

149. Neither JACKSON nor ENTERPRISES has ever had a valid license, authorization, or

permission to distribute, transfer, or sell copies of BARNES’s Second Hurdle Photograph to third

parties for any reason.

150. JACKSON has never had a valid license, authorization, or permission to distribute, transfer,

or sell copies of BARNES’s Running With The Football Photograph to third parties for any reason.

151. JACKSON has never had a valid license, authorization, or permission to distribute, transfer,

or sell copies of BARNES’s Crossing The Goal Line Photograph to third parties for any reason.

152. JACKSON has never had a valid license, authorization, or permission to distribute, transfer,

or sell copies of BARNES’s Touchdown Photograph to third parties for any reason.

153. Neither JACKSON, ENTERPRISES, nor DUPONT has ever had a valid license,

authorization, or permission to use or display BARNES’s Second Hurdle Photograph in connection

with the sale or marketing of apparel, backpacks, smartphone accessories, kitchen accessories,

jewelry, sculptures, or any other commercial products.

154. Any and all exercises of any rights under Section 106 of the Copyright Act with respect to

BARNES’s First Hurdle Photograph, Second Hurdle Photograph, Running With The Football

Photograph, Crossing the Goal Line Photograph, and Touchdown Photograph by JACKSON,

ENTERPRISES, and/or DUPONT were unauthorized and infringe BARNES’s copyrights.

155. On January 18, 2019, counsel for BARNES wrote to Mr. Jackson concerning the

infringement of BARNES’s copyrights by JACKSON and ENTERPRISES.

156. In view of Mr. Jackson’s failure to respond to counsel’s initial letter, a second letter was sent

on February 26, 2019. No response was received to this letter either.

25 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 26 of 52

157. On February 19, 2021, counsel sent a third letter to JACKSON and ENTERPRISES both

directly and to ENTERPRISES’s intellectual property counsel. The February 19, 2021 letter

attached both BARNES’s draft complaint and his previous letters to JACKSON and

ENTERPRISES. See EXHIBIT 40.

158. On March 29, 2021, counsel for JACKSON and ENTERPRISES responded to the

February 19, 2021 letter by denying liability and baselessly threatening BARNES’s counsel with Rule

11 sanctions in the event they proceeded to file BARNES’s complaint. See EXHIBIT 41.

COUNT I FIRST HURDLE PHOTOGRAPH COPYRIGHT INFRINGEMENT

159. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

160. BARNES created and owns all copyrights in and to the First Hurdle Photograph identified

in EXHIBIT 13.

161. BARNES’s copyright in and to the First Hurdle Photograph has been registered with the

United States Copyright Office, as reflected in EXHIBIT 13.

162. JACKSON has copied, published, distributed, and/or otherwise used or exploited the First

Hurdle Photograph identified in EXHIBIT 8 without permission or authorization.

163. JACKSON infringed BARNES’s copyright by copying, publishing, distributing, and/or

otherwise using BARNES’s copyrighted creative work without a license or permission as set forth

more fully above.

26 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 27 of 52

164. JACKSON’s unauthorized use of BARNES’s copyrighted work was willful, intentional,

and/or reckless.

165. As a result of JACKSON’s acts, BARNES has been, and will continue to be, damaged in an

amount as yet to be determined, though such amount exceeds $75,000.

166. BARNES seeks all damages recoverable under the Copyright Act.

COUNT II FIRST HURDLE PHOTOGRAPH VIOLATION OF 17 U.S.C. §1202

167. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

168. Under 17 U.S.C. §1202(c) the term “‘copyright management information’ means any of the

following information conveyed in connection with copies or phonorecords of a work” and includes

“(2) [t]he name of, and other identifying information about, the author of a work.”

169. Accordingly, the aforesaid BARNES’s Watermark on the First Hurdle Photograph, as

shown in EXHIBIT 14, constitutes copyright management information under 17 U.S.C. § 1202(c)

because it includes identifying information about the author of the work.

170. Upon information and belief, JACKSON has intentionally removed such copyright

management information without authority.

171. This information and belief is based at least on the printed version of JACKSON’s

INSTAGRAM PAGE shown in EXHIBIT 27 that shows the First Hurdle Photograph without the

aforesaid BARNES’s Watermark.

27 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 28 of 52

172. Upon information and belief, JACKSON has displayed the copyrighted work knowing that

the associated copyright management information had been removed without authority.

173. In removing copyright management information and displaying such work, JACKSON knew

or had reasonable grounds to know that it would induce, enable, facilitate, and/or conceal an

infringement of copyright.

174. Accordingly, JACKSON’s removal of copyright management information was willful,

intentional, and/or in bad faith.

175. BARNES seeks all damages recoverable under the Copyright Act.

COUNT III SECOND HURDLE PHOTOGRAPH COPYRIGHT INFRINGEMENT

176. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

177. BARNES created and owns all copyrights in and to the Second Hurdle Photograph

identified in EXHIBIT 8.

178. BARNES’s copyright in and to the Second Hurdle Photograph in EXHIBIT 8 has been

registered with the United States Copyright Office. (See EXHIBIT 12.)

179. JACKSON and DUPONT have copied, published, distributed, sold, and/or otherwise used

or exploited the Second Hurdle Photograph identified in EXHIBIT 8 without permission or

authorization.

28 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 29 of 52

180. JACKSON and DUPONT infringed BARNES’s copyright by copying, publishing,

distributing, selling (or offering for sale) copies of, creating derivative works of, and/or otherwise

using BARNES’s copyrighted creative work without a license or permission as set forth more fully

above.

181. JACKSON’s and DUPONT’s unauthorized use of BARNES’s copyrighted work was willful,

intentional, and/or reckless.

182. As a result of JACKSON’s and DUPONT’s acts, BARNES has been and will continue to

be damaged in an amount as yet to be determined.

183. BARNES seeks all damages recoverable under the Copyright Act.

COUNT IV SECOND HURDLE PHOTOGRAPH VIOLATION OF 17 U.S.C. §1202

184. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

185. Under 17 U.S.C. §1202(c) the term “‘copyright management information’ means any of the

following information conveyed in connection with copies or phonorecords of a work” and includes

“(2) [t]he name of, and other identifying information about, the author of a work.”

186. Accordingly, the aforesaid BARNES’s Watermark on the Second Hurdle Photograph, as

shown in EXHIBIT 15, constitutes copyright management information under 17 U.S.C. §

1202(c)(2) because it includes identifying information about the author of the work.

29 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 30 of 52

187. On information and belief, JACKSON has intentionally removed such copyright

management information without the authority of the copyright owner or the law.

188. This information and belief is based at least on the printed version of the LEAP

TRADEMARK shown in EXHIBIT 22 that shows the Second Hurdle Photograph being licensed

and used as a trademark for APPAREL.

189. This information and belief is based at least on the printed version of APPAREL.COM

displayed in EXHIBITS 25 and 26 that shows the Second Hurdle Photograph being offered to sale

to customers.

190. In removing copyright management information and distributing such works and copies of

works, JACKSON and/or ENTERPRISES knew or had reasonable grounds to know that it would

induce, enable, facilitate, and/or conceal an infringement of copyright.

191. Accordingly, JACKSON’s or ENTERPRISES’s removal of copyright management

information was willful, intentional, and/or in bad faith.

192. BARNES seeks all damages recoverable under the Copyright Act.

COUNT V SECOND HURDLE PHOTOGRAPH CONTRIBUTORY COPYRIGHT INFRINGEMENT

193. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

194. JACKSON and/or ENTERPRISES directed APPAREL to sell derivative works of

BARNES’s Second Hurdle Photograph.

30 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 31 of 52

195. BARNES has a reasonable belief that JACKSON and/or ENTERPTRISES provided or

sold copies of the derivative works of the Second Hurdle Photograph to various third parties,

including customers of APPAREL, based on the printed version of APPAREL.COM included as

EXHIBITS 25 and 26.

196. On information and belief, JACKSON and/or ENTERPRISES also provided and/or sold

derivative works of the Second Hurdle Photograph to other commercial entities and/or distributors

throughout the United States.

197. Neither JACKSON nor ENTERPRISES was authorized to copy, distribute, license,

sublicense, transfer, or sell derivative works of BARNES’s Second Hurdle Photograph.

198. Neither JACKSON nor ENTERPRISES was authorized to direct APPAREL to create

derivative works of BARNES’s Second Hurdle Photograph, as APPAREL did when it offered to

sell derivative works of the Second Hurdle Photograph.

199. Neither JACKSON nor ENTERPRISES was authorized to copy, distribute, license,

sublicense, transfer, or sell the derivative works of the Second Hurdle Photograph created by

APPAREL.

200. At the time that it provided the derivative works to said commercial entities and/or

distributors, JACKSON and/or ENTERPRISES knew or had reason to know that at least some of

these parties intended to sell and/or distribute the derivative works.

201. JACKSON and/or ENTERPRISES intentionally induced, materially contributed to, and/or

otherwise facilitated the directly infringing acts carried out by APPAREL.

31 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 32 of 52

202. JACKSON and/or ENTERPRISES, therefore, knowingly caused, enabled, and/or

materially contributed to the unauthorized and infringing use of BARNES’s Second Hurdle

Photograph through the creation of these derivative works.

203. The full nature and extent of JACKSON’s and/or ENTERPRISES’s contribution to the

creation of the derivative works of the Second Hurdle Photograph remains unknown.

204. The full nature and extent of JACKSON’s and/or ENTERPRISES’s use, sale, and

distribution of the derivative works of the Second Hurdle Photograph remains unknown.

205. JACKSON and/or ENTERPRISES was aware, or should have been aware, that the use of

the Second Hurdle Photograph in connection with commercial products was unauthorized.

206. JACKSON’s and/or ENTERPRISES’s actions alleged herein were willful, knowing,

intentional, and/or reckless.

207. BARNES seeks all damages recoverable under the Copyright Act.

COUNT VI SECOND HURDLE PHOTOGRAPH CONTRIBUTORY COPYRIGHT INFRINGEMENT

208. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

209. JACKSON and/or ENTERPRISES directed DUPONT to sell derivative works of

BARNES’s Second Hurdle Photograph.

210. On information and belief, JACKSON and/or ENTERPTRISES provided a copy of the

Second Hurdle Photograph to DUPONT for the purpose of creating unauthorized derivative works

32 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 33 of 52

of the Second Hurdle Photograph and selling, publicly displaying, or transmitting such works to

JACKSON and to various third parties, including customers and potential customers of DUPONT,

as reflected in EXHIBIT 38.

211. Neither JACKSON, ENTERPRISES, nor DUPONT was authorized to copy, distribute,

license, sublicense, transfer, or sell derivative works of BARNES’s Second Hurdle Photograph.

212. Neither JACKSON nor ENTERPRISES was authorized to direct DUPONT to create

derivative works of BARNES’s Second Hurdle Photograph, as DUPONT did when it offered to

create and sell to JACKSON one or more derivative works of the Second Hurdle Photograph.

213. Neither JACKSON, ENTERPRISES, nor DUPONT was authorized to copy, distribute,

license, sublicense, transfer, or sell the derivative works of the Second Hurdle Photograph created

by DUPONT.

214. JACKSON and/or ENTERPRISES intentionally induced, materially contributed to, and/or

otherwise facilitated the directly infringing acts carried out by DUPONT.

215. JACKSON and/or ENTERPRISES, therefore, knowingly caused, enabled, and/or

materially contributed to the unauthorized and infringing use of BARNES’s Second Hurdle

Photograph through the creation of these derivative works.

216. The full nature and extent of JACKSON’s and/or ENTERPRISES’s contribution to the

creation of the derivative works of the Second Hurdle Photograph remains unknown.

217. The full nature and extent of JACKSON’s and/or ENTERPRISES’s use, sale, and

distribution of the derivative works of the Second Hurdle Photograph remains unknown.

33 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 34 of 52

218. JACKSON and/or ENTERPRISES was aware, or should have been aware, that the use of

the Second Hurdle Photograph in connection with commercial products was unauthorized.

219. JACKSON’s and/or ENTERPRISES’s actions alleged herein were willful, knowing,

intentional, and/or reckless.

220. BARNES seeks all damages recoverable under the Copyright Act.

COUNT VII RUNNING WITH THE FOOTBALL PHOTOGRAPH COPYRIGHT INFRINGEMENT

221. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

222. BARNES created and owns the copyright in and to the Running With The Football

Photograph identified in EXHIBIT 9.

223. BARNES’s copyright in and to the Running With The Football Photograph in EXHIBIT 9

has been registered with the United States Copyright Office.

224. BARNES alleges, upon information and belief, that JACKSON has copied, published,

distributed, and/or otherwise used or exploited the Running With The Football Photograph

identified in EXHIBIT 9 without permission or authorization.

225. JACKSON infringed BARNES’s copyright by copying, publishing, distributing, and/or

otherwise using BARNES’s copyrighted creative work without a license or permission as set forth

more fully above.

34 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 35 of 52

226. JACKSON’s unauthorized use of BARNES’s copyrighted work was willful, intentional,

and/or reckless.

227. As a result of JACKSON’s acts, BARNES has been, and will continue to be, damaged in an

amount as yet to be determined.

228. BARNES seeks all damages recoverable under the Copyright Act.

COUNT VIII RUNNING WITH THE FOOTBALL PHOTOGRAPH VIOLATION OF 17 U.S.C. §1202

229. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

230. Under 17 U.S.C. §1202(c) the term “‘copyright management information’ means any of the

following information conveyed in connection with copies or phonorecords of a work” and includes

“(2) [t]he name of, and other identifying information about, the author of a work.”

231. Accordingly, the aforesaid BARNES’s Watermark on the Running With The Football

Photograph, as shown in EXHIBIT 16, constitutes copyright management information under 17

U.S.C. § 1202(c) because it includes identifying information about the author of the work.

232. Upon information and belief, JACKSON has intentionally removed such copyright

management information without authority.

233. This information and belief is based at least on the printed version of JACKSON’s

INSTAGRAM PAGE as shown in EXHIBIT 19 that shows the Running With The Football

Photograph without the aforesaid BARNES’s Watermark.

35 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 36 of 52

234. The aforesaid BARNES’s Watermark has been removed on said display of the Running

With The Football Photograph, as shown in EXHIBIT 19.

235. Upon information and belief, JACKSON has displayed the copyrighted work knowing that

the associated copyright management information had been removed without authority.

236. In removing copyright management information and displaying such work, JACKSON knew

or had reasonable grounds to know that it would induce, enable, facilitate, and/or conceal an

infringement of copyright.

237. Accordingly, JACKSON’s removal of copyright management information was willful,

intentional, and/or in bad faith.

238. BARNES seeks all damages recoverable under the Copyright Act.

COUNT IX CROSSING THE GOAL LINE PHOTOGRAPH COPYRIGHT INFRINGEMENT

239. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

240. BARNES created and owns the copyright in and to the Crossing The Goal Line Photograph

identified in EXHIBIT 10.

241. BARNES’s copyright in and to the Crossing the Goal Line Photograph in EXHIBIT 10 has

been registered with the United States Copyright Office.

36 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 37 of 52

242. BARNES alleges, upon information and belief, that JACKSON has copied, published,

distributed, and/or otherwise used or exploited the Crossing the Goal Line Photograph identified in

EXHIBIT 10 without permission or authorization.

243. JACKSON infringed BARNES’s copyright by copying, publishing, distributing, and/or

otherwise using BARNES’s copyrighted creative work without a license or permission as set forth

more fully above.

244. JACKSON’s unauthorized use of BARNES’s copyrighted work was willful, intentional,

and/or reckless.

245. As a result of JACKSON’s acts, BARNES has been, and will continue to be, damaged in an

amount as yet to be determined.

246. BARNES seeks all damages recoverable under the Copyright Act.

COUNT X CROSSING THE GOAL LINE PHOTOGRAPH VIOLATION OF 17 U.S.C. §1202

247. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

248. Under 17 U.S.C. §1202(c) the term “‘copyright management information’ means any of the

following information conveyed in connection with copies or phonorecords of a work” and includes

“(2) [t]he name of, and other identifying information about, the author of a work.”

37 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 38 of 52

249. Accordingly, the aforesaid BARNES’s Watermark on the Crossing the Goal Line

Photograph, as shown in EXHIBIT 17, constitutes copyright management information under 17

U.S.C. § 1202(c) because it includes identifying information about the author of the work.

250. Upon information and belief, JACKSON has intentionally removed such copyright

management information without authority.

251. This information and belief is based at least on the printed version of JACKSON’s

INSTAGRAM PAGE shown in EXHIBIT 21 that shows the Crossing The Goal Line Photograph

without the aforesaid BARNES’s Watermark.

252. The aforesaid BARNES’s Watermark has been removed on said display of the Crossing

The Goal Line Photograph, as shown in EXHIBIT 21.

253. Upon information and belief, JACKSON has displayed the copyrighted work knowing that

the associated copyright management information had been removed without authority.

254. In removing copyright management information and displaying such work, JACKSON knew

or had reasonable grounds to know that it would induce, enable, facilitate, and/or conceal an

infringement of copyright.

255. Accordingly, JACKSON’s removal of copyright management information was willful,

intentional, and/or in bad faith.

256. BARNES seeks all damages recoverable under the Copyright Act.

38 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 39 of 52

COUNT XI TOUCHDOWN PHOTOGRAPH COPYRIGHT INFRINGEMENT

257. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

258. BARNES created and owns the copyright in and to the Touchdown Photograph identified

in EXHIBIT 11.

259. BARNES’s copyright in and to the Touchdown Photograph in EXHIBIT 11 has been

registered with the United States Copyright Office.

260. Upon information and belief, JACKSON has copied, published, distributed, and/or

otherwise used or exploited the Touchdown Photograph identified in EXHIBIT 11 without

permission or authorization.

261. JACKSON infringed BARNES’s copyright by copying, publishing, distributing, and/or

otherwise using BARNES’s copyrighted creative works without a license or permission as set forth

more fully above.

262. JACKSON’s unauthorized use of BARNES’s copyrighted work was willful, intentional,

and/or reckless.

263. As a result of JACKSON’s acts, BARNES has been, and will continue to be, damaged in an

amount as yet to be determined.

264. BARNES seeks all damages recoverable under the Copyright Act.

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COUNT XII TOUCHDOWN PHOTOGRAPH VIOLATION OF 17 U.S.C. §1202

265. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

266. Under 17 U.S.C. §1202(c) the term “‘copyright management information’ means any of the

following information conveyed in connection with copies or phonorecords of a work” and includes

“(2) [t]he name of, and other identifying information about, the author of a work.”

267. Accordingly, the aforesaid BARNES’s Watermark on the Touchdown Photograph, as

shown in EXHIBIT 18, constitutes copyright management information under 17 U.S.C. § 1202(c)

because it includes identifying information about the author of the work.

268. Upon information and belief, JACKSON has intentionally removed such copyright

management information without authority.

269. This information and belief is based at least on the printed version of JACKSON’s

INSTAGRAM PAGE shown in EXHIBIT 20 that shows the Touchdown Photograph without the

aforesaid BARNES’s Watermark.

270. The aforesaid BARNES’s Watermark has been removed on said display of the Touchdown

Photograph, as shown in EXHIBIT 20.

271. Upon information and belief, JACKSON has displayed the copyrighted work knowing that

the associated copyright management information had been removed without authority.

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272. In removing copyright management information and displaying such work, JACKSON knew

or had reasonable grounds to know that it would induce, enable, facilitate, and/or conceal an

infringement of copyright.

273. Accordingly, JACKSON’s removal of copyright management information was willful,

intentional, and/or in bad faith.

274. BARNES seeks all damages recoverable under the Copyright Act.

COUNT XIII PATTERN OF RACKETEERING ACTIVITY UNDER THE FEDERAL RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT VIOLATION OF 18 U.S.C. § 1962(c)

275. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

276. 18 U.S.C. § 1961(1) defines “racketeering activity” as including any act which is indictable

under, inter alia, 18 U.S.C. § 2319 (relating to criminal infringement of a copyright). 18 U.S.C. §

2319 defines the punishments for violations of 17 U.S.C. § 506(a).

277. 17 U.S.C. § 506(a)(1)(a) defines criminal copyright infringement as the willful infringement

of a copyright if the infringement was committed for purposes of commercial advantage or private

financial gain.

278. BARNES has valid copyrights in the First Hurdle Photograph, the Second Hurdle

Photograph, the Running With The Football Photograph, the Crossing The Goal Line Photograph,

and the Touchdown Photograph.

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279. JACKSON infringed BARNES’s copyrights willfully and with actual knowledge of the illegal

activities, as evidenced at least by JACKSON’s removal of BARNES’s Watermark from the Second

Hurdle Photograph, the Running With The Football Photograph, the Crossing The Goal Line

Photograph, and the Touchdown Photograph, as well as the fact that JACKSON used the Second

Hurdle Photograph to direct STACKS in creating the STACKS JEWELRY.

280. JACKSON knew his actions were in violation of the Copyright Act.

281. JACKSON’s infringements of BARNES’s copyrights served the purpose of promoting the

ERA 8 APPAREL sold through ENTERPRISES, as evidenced at least by the fact that JACKSON’s

Twitter account and Instagram account include the term “era8” in the account names.

282. The promotion of apparel sold through ENTERPRISES provided JACKSON with

commercial advantage and financial gain.

283. Each instance of JACKSON’s infringement of BARNES’s copyrights constituted willful

infringement of a copyright for purposes of commercial advantage or private financial gain, and

therefore constituted criminal copyright infringement under 17 U.S.C. § 506(a)(1)(a), indictable

under 18 U.S.C. § 2319.

284. JACKSON conducted the instances of criminal copyright infringement through a pattern, in

that they were related and continuous by involving the same victim, namely, BARNES.

285. JACKSON conducted the instances of criminal copyright infringement through a pattern, in

that at least two of the instances of JACKSON’s infringement of BARNES’S copyrights had the same

or similar methods of commission, in that JACKSON posted infringing content on JACKSON’s

social media accounts.

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286. The last of the alleged acts of racketeering activity by JACKSON occurred within ten years

after commission of a prior act of racketeering activity. Specifically, the creation of the STACKS

JEWELRY occurred on August 28, 2018, which was within ten years after commission of a prior act

of racketeering activity, namely, the posting of an unauthorized derivative work on JACKSON’s

INSTAGRAM PAGE displaying and using the Second Hurdle Photograph and the Running With

the Football Photograph, which occurred on September 10, 2016.

287. Because JACKSON owns a trademark registration for the infringing LEAP TRADEMARK,

there is a real threat of repeated racketeering activity by JACKSON that exists. The LEAP

TRADEMARK registration acts as prima facie evidence of JACKSON’s ownership of a mark the

use of which constitutes infringement of BARNES’s copyright in the Second Hurdle Photograph.

288. JACKSON’s pattern of racketeering activity is an open-ended scheme that poses a threat of

continuity at least because of JACKSON’s ownership of the LEAP TRADEMARK registration, and

also because JACKSON’s infringing social media posts are part of JACKONS’s regular way of

conducting business.

289. In the alternative, JACKSON’s pattern of racketeering activity is a closed-ended scheme that

involved related predicate acts of racketeering activity that extended over a substantial period of time.

JACKSON’s series of related instances of criminal copyright infringement extended over a period

of at least about two years, from the infringing social media post by JACKSON on September 10,

2016, to the infringing derivative work of jewelry made by DUPONT under the direction of

JACKSON on August 28, 2018. During such time, there were numerous instances of criminal

copyright infringement committed by JACKSON involving BARNES’s copyrights.

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290. ENTERPRISES is engaged in interstate commerce, at least by selling apparel across state

lines. ENTERPRISES is directly engaged in the distribution of goods in interstate commerce.

291. JACKSON is employed by, or associated with, ENTERPRISES, at least because JACKSON

is the President of ENTERPRISES.

292. JACKSON participates in the conduct of the affairs of ENTERPRISES, at least because

JACKSON, as the President of ENTERPRISES, exercises a managerial role in ENTERPRISES’s

affairs.

293. ENTERPRISES is an enterprise as defined under 18 U.S.C. § 1961(4).

294. JACKSON is a culpable person under 18 U.S.C. § 1962(c) and a person distinct from

ENTERPRISES.

295. In the alternative, the association in fact between ENTERPRISES and JACKSON is an

enterprise as defined under 18 U.S.C. § 1961(4). Though JACKSON serves as President of

ENTERPRISES, JACKSON individually owns the LEAP TRADEMARK registration and

therefore has co-mingled the business of ENTERPRISES and JACKSON’s personal interests.

296. In promoting the ERA 8 APPAREL business and brand, JACKSON was conducting both

ENTERPRISES’s affairs and JACKSON’s affairs, not merely JACKSON’s own affairs, at least

because ENTERPRISES owns or operates ERA 8 APPAREL while JACKSON individually owns

the LEAP TRADEMARK registration.

297. The association in fact between ENTERPRISES and JACKSON is engaged in interstate

commerce, at least by selling ERA 8 APPAREL across state lines.

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298. Each of JACKSON and ENTERPRISES is free to act independently and advance his or its

own interests contrary to those of the other member of the enterprise.

299. JACKSON is a person distinct from the association in fact between ENTERPRISES and

JACKSON.

300. JACKSON has conducted or participated in the conduct of ENTERPRISES’s affairs

through a pattern of racketeering activity by promoting the ERA 8 APPAREL through multiple

instances of criminal copyright infringement under 17 U.S.C. § 506(a)(1)(a), indictable under 18

U.S.C. § 2319, in violation of 18 U.S.C. § 1962(c).

301. JACKSON has conducted or participated in the conduct of the affairs of the association in

fact between ENTERPRISES and JACKSON through a pattern of racketeering activity by

promoting the ERA 8 APPAREL business and brand through multiple instances of criminal

copyright infringement under 17 U.S.C. § 506(a)(1)(a), indictable under 18 U.S.C. § 2319, in

violation of 18 U.S.C. § 1962(c).

302. JACKSON’s pattern of racketeering activity affected ENTERPRISES, in that JACKSON

promoted ENTERPRISES through JACKSON’s social media posts and served as President of

ENTERPRISES while engaging in the pattern of racketeering activity.

303. JACKSON’s pattern of racketeering activity affected the association in fact between

ENTERPRISES and JACKSON in that JACKSON promoted ENTERPRISES through

JACKSON’s social media posts, served as President of ENTERPRISES, and promoted the LEAP

TRADEMARK owned by JACKSON individually but used in connection with ERA 8 APPAREL,

while engaging in the pattern of racketeering activity.

45 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 46 of 52

304. BARNES is a person who has sustained injury to his business or property by reason of

JACKSON’s violation of 18 U.S.C. § 1962(c) in that BARNES is a professional photographer and

JACKSON’s violation of 18 U.S.C. § 1962(c) involved multiple instances of infringing BARNES’s

copyrights.

305. The infringements of BARNES’s copyrights by JACKSON deprived BARNES of his ability

to generate income from his business property, namely, his copyrighted photographs. JACKSON’s

pattern of racketeering activity is the factual and proximate cause of this injury to BARNES’s

business. But for JACKSON’s pattern of racketeering activity, BARNES would not have suffered

this injury.

306. JACKSON’s unlawful distribution of and creation of derivative works of BARNES’s

photographs caused BARNES’s photographs to be publicly transmitted and distributed without

compensation to BARNES. JACKSON’s pattern of racketeering activity is the factual and proximate

cause of this injury to BARNES’s business. But for JACKSON’s pattern of racketeering activity,

BARNES would not have suffered this injury.

307. The injury to BARNES’s business or property was foreseeable to JACKSON at the time of

JACKSON’s unlawful conduct, and there were no intervening causes to the injury to BARNES’s

business or property.

308. Accordingly, JACKSON’s violation of 18 U.S.C. § 1962(c) has directly and proximately

caused injury to BARNES in his business or property.

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309. This lawsuit is being filed, and this claim is being brought, within four years of BARNES’s

discovery of the injury to BARNES’s business or property caused by JACKSON’s pattern of

racketeering activity.

310. Since becoming aware of the injury to BARNES’s business or property, BARNES has

exercised reasonable diligence to discover the pattern of racketeering activity by JACKSON.

311. BARNES seeks all remedies under 18 U.S.C. § 1964(c).

COUNT XIV RICO CONSPIRACY VIOLATION OF 18 U.S.C. § 1962(d)

312. BARNES repeats and re-alleges each of the above allegations contained in paragraphs 1

through 158 as if set forth fully herein.

313. DUPONT participated in the creation of the STACKS JEWELRY in concert with, or under

the direction of, JACKSON.

314. DUPONT and JACKSON knew that the creation of the STACKS JEWELRY was in

violation of the Copyright Act in that DUPONT or someone acting under his direction used the

Second Hurdle Photograph while creating the STACKS JEWELRY, as evidenced by a video posted

on the Stacks Custom Jewelry Facebook page on September 4, 2018.

315. The creation of the STACKS JEWELRY served the purpose of commercial advantage or

private financial gain for both JACKSON and DUPONT in that the STACKS JEWELRY promotes

the LEAP TRADEMARK, owned by JACKSON, and the ERA 8 APPAREL brand and business,

owned by ENTERPRISES, and that DUPONT was paid by JACKSON to create the STACKS

JEWELRY.

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316. The creation of the STACKS JEWELRY constituted criminal copyright infringement under

17 U.S.C. § 506(a)(1)(a), indictable under 18 U.S.C. § 2319.

317. The creation of the STACKS JEWELRY constituted an act of racketeering activity under

18 U.S.C. § 1961(1).

318. DUPONT participated in the creation of the photographs of the STACKS JEWELRY in

concert with, or under the direction of, JACKSON.

319. The creation of the photographs of the STACKS JEWELRY served the purpose of

commercial advantage or private financial gain for both JACKSON and DUPONT in that the

photographs of the STACKS JEWELRY promote the ERA 8 APPAREL brand and business owned

by ENTERPRISES, promote the LEAP TRADEMARK owned by JACKSON, and promote

DUPONT’s jewelry business.

320. The creation and dissemination of the photographs of the STACKS JEWELRY constituted

criminal copyright infringement under 17 U.S.C. § 506(a)(1)(a), indictable under 18 U.S.C. § 2319.

321. The creation and dissemination of the photographs of the STACKS JEWELRY constituted

an act of racketeering activity under 18 U.S.C. § 1961(1).

322. The copyright infringement involving the creation of the STACKS JEWELRY and the

copyright infringement involving the creation and dissemination of the photographs of the STACKS

JEWELRY constitute a pattern in that they were related and continuous by involving the same victim,

namely, BARNES.

323. ENTERPRISES is an enterprise as defined under 18 U.S.C. § 1961(4).

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324. JACKSON is a culpable person under 18 U.S.C. § 1962(c), and is a person distinct from

ENTERPRISES.

325. In the alternative, the association in fact between JACKSON and ENTERPRISES

constitutes an enterprise as defined under 18 U.S.C. § 1961(4).

326. JACKSON is a culpable person under 18 U.S.C. § 1962(c) and a person distinct from the

association in fact between JACKSON and ENTERPRISES.

327. DUPONT agreed with JACKSON to participate in two acts of racketeering activity that

furthered the business interests of ENTERPRISES, and facilitated the operation of

ENTERPRISES, by promoting the ERA 8 APPAREL business and brand. In so doing, DUPONT

conspired with JACKSON to participate, directly or indirectly, in the affairs of ENTERPRISES

through a pattern of racketeering activity.

328. Alternatively, by agreeing to participate in at least two acts of racketeering activity that

promoted the LEAP TRADEMARK and the ERA 8 APPAREL brand and business, DUPONT

conspired with JACKSON to participate, directly or indirectly, in the affairs of the association in fact

between ENTERPRISES and JACKSON through a pattern of racketeering activity.

329. JACKSON and DUPONT agreed to participate in an endeavor the completion of which

constituted a violation of 18 U.S.C. § 1962(c). Accordingly, DUPONT and JACKSON unlawfully

conspired to violate 18 U.S.C. § 1962(c), in violation of 18 U.S.C. § 1962(d).

330. BARNES was injured in his business or property by reason of the conspiracy between

JACKSON and DUPONT to violate 18 U.S.C. § 1962(c).

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331. BARNES was injured in his business or property by the commission of an overt act in

furtherance of the conspiracy between JACKSON and DUPONT to violate 18 U.S.C. § 1962(c).

Specifically, the creation and distribution of derivative works of BARNES’s photographs by

DUPONT in agreement with JACKSON caused BARNES’s photographs to be publicly transmitted

and distributed without compensation to BARNES.

332. DUPONT’s and JACKSON’s acts in furtherance of the conspiracy were the actual and

proximate cause of BARNES’ injury to his business or property.

333. This lawsuit is being filed, and this claim is being brought, within four years of BARNES’s

discovery of the injury to BARNES’s business or property caused by the conspiracy between

JACKSON and DUPONT to violate 18 U.S.C. § 1962(c).

334. Since becoming aware of the injury to BARNES’s business or property caused by the

conspiracy between JACKSON and DUPONT to violate 18 U.S.C. § 1962(c), BARNES has

exercised reasonable diligence to discover the conspiracy between DUPONT and JACKSON to

violate 18 U.S.C. § 1962(c).

335. BARNES seeks all remedies under 18 U.S.C. § 1964(c)

WHEREFORE, BARNES respectfully prays for judgment on his behalf and for the

following relief:

1. A jury trial on all issues so triable;

2. All allowable damages under the Copyright Act, including, but not limited to, statutory

damages, damages for willfulness, damages for removal of copyright management information in

violation of 17 U.S.C. §1202, and attorneys’ fees pursuant to 17 U.S.C. §505;

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3. Trebled damages, the costs of the suit, and attorneys’ fees pursuant to 18 U.S.C. § 1964(c);

4. BARNES’s full costs, including litigation expenses, expert witness fees, interest, and any

other amounts authorized under law;

5. Any other relief authorized by law, including punitive and/or exemplary damages; and

6. For such other and further relief as the Court deems just and proper.

JURY TRIAL DEMANDED Dated: April 15, 2021

Respectfully submitted,

By: /s/ Jon A. Jacobson, Esq.

Local Counsel:

Jon A. Jacobson, Esq., FBN 155748 JACOBSON LAW P.A. 224 Datura St., Suite 812 West Palm Beach, FL 33401 Telephone: (561) 880-8900 Facsimile: (561) 880-8910 Email 1: [email protected] Email 2: [email protected] Email 3: [email protected]

Lead Counsel (pro hac vice admission pending):

James E. Griffith MACMILLAN, SOBANSKI & TODD, LLC Illinois Bar #: 6269854 T: (419) 255-5900 F: (419) 255-9639 E: [email protected]

Joseph W. Tucker MACMILLAN, SOBANSKI & TODD, LLC 720 Water Street, Fifth Floor Toledo, OH 43604 Ohio Bar #: 0087951 T: (419) 255-5900

51 Case 9:21-cv-80722-XXXX Document 1 Entered on FLSD Docket 04/15/2021 Page 52 of 52

F: (419) 255-9639 E: [email protected]

James M. Buchanan MACMILLAN, SOBANSKI & TODD, LLC 720 Water Street, Fifth Floor Toledo, OH 43604 Michigan Bar #: P61938 T: (419) 255-5900 F: (419) 255-9639 E: [email protected]

Timothy J. Van Tuinen MACMILLAN, SOBANSKI & TODD, LLC 720 Water Street, Fifth Floor Attorneys for Plaintiff Toledo, OH 43604 Ohio Bar #: 0081841 T: (419) 255-5900 F: (419) 255-9639 E: [email protected]

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