Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 1 of 9
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF LOUISIANA
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`ANDY STONE
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`* CIVIL ACTION
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`* NO.
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`VERSUS
`* SECTION
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`MARIAH CAREY, WALTER
`* MAGISTRATE
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`AFANASIEFF, SONY MUSIC
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`ENTERTAINMENT, AND SONY
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`CORPORATION OF AMERICA
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`* * * * * * * * * * * * * * * * * * * * * * * * *
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`____________________________________________
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT,
`UNJUST ENRICHMENT, MISAPPRORIATION AND LANHAM ACT VIOLATION
`____________________________________________
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`Plaintiff, Andy Stone, a.k.a Vince Vance, through his undersigned attorneys, allege against
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`defendants as follows:
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`THE PARTIES
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`1.
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`Andy Stone, a.k.a. Vince Vance ("Vance"), Plaintiff, is an individual of the full age of
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`majority and resident of the State of Mississippi, United States of America.
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`Mariah Carey (“Carey”), Defendant, is a person of the full age of majority and resident of the
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`2.
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`State of New York, United States of America.
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`3.
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`Walter Afanasieff (“Afanasieff”), Defendant, is a person of the full age of majority. Upon
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`information and belief, he is a resident of the State of California, United States of America.
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF LOUISIANA
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`ANDY STONE
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`* CIVIL ACTION
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`* NO.
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`VERSUS
`* SECTION
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`*
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`MARIAH CAREY, WALTER
`* MAGISTRATE
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`AFANASIEFF, SONY MUSIC
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`ENTERTAINMENT, AND SONY
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`CORPORATION OF AMERICA
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`* * * * * * * * * * * * * * * * * * * * * * * * *
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`____________________________________________
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT,
`UNJUST ENRICHMENT, MISAPPRORIATION AND LANHAM ACT VIOLATION
`____________________________________________
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`Plaintiff, Andy Stone, a.k.a Vince Vance, through his undersigned attorneys, allege against
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`defendants as follows:
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`THE PARTIES
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`1.
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`Andy Stone, a.k.a. Vince Vance ("Vance"), Plaintiff, is an individual of the full age of
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`majority and resident of the State of Mississippi, United States of America.
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`Mariah Carey (“Carey”), Defendant, is a person of the full age of majority and resident of the
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`2.
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`State of New York, United States of America.
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`3.
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`Walter Afanasieff (“Afanasieff”), Defendant, is a person of the full age of majority. Upon
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`information and belief, he is a resident of the State of California, United States of America.
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 2 of 9
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`4.
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`Sony Music Entertainment, a subsidiary of Sony Corporation of America; the North
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`American Division of Sony (“Sony), Defendant, is a Delaware Corporation authorized to do and
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`doing business in the State of Louisiana.
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`JURISDICTION AND VENUE
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`5.
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`Jurisdiction of this Court is based upon 28 U.S.C. Sections 1331, 1337, and 1338, and 15
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`U.S.C. Section 1121.
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`Venue is proper under 28 U.S.C. Sections 1391(b) and 1400(a).
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`6.
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`7.
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`This Court has pendent jurisdiction over the state law claims asserted herein pursuant to 28
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`U.S.C. Section 1367.
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`FACTS AND ALLEGATIONS
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`8.
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`Plaintiff, Vance is a self-employed artist in the business of performing, selling and licensing
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`his copyrighted music and earns his livelihood from fees received from these activities.
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` 9.
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`In 1989, Plaintiff co-wrote “All I Want for Christmas is You” and recorded it at the
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`Masterphonics Studio 6 in Nashville, Tennessee. It was subsequently released on the record label
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`Valient 92689 with an accompanying music video.
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`10.
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`After receiving extensive airplay during the 1993 Christmas season, Plaintiff’s “All I Want
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 3 of 9
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`for Christmas is You” began making appearances on the Billboard Music Charts.
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`11.
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`"All I Want for Christmas is You", is copyrightable subject matter under the laws of the
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`United States, and Plaintiff applied for and received from the Registrar of Copyrights certificates of
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`serial number therefore.
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`TITLE
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` ALL I WANT FOR CHRISTMAS IS YOU
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`REGISTRATION NO:
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`Pau 1-163-343
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`A copy of the serial registration is attached as Exhibit "A".
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`12.
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`Defendant Carey’s album “Merry Christmas” was released by Columbia Records, owned by
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`Defendant Sony, on or about October 28, 1994.
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`13.
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`Made a part of the “Merry Christmas” album, Defendant Carey released a version of the song
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`“All I Want for Christmas is You”, allegedly co-written with Defendant Afanasieff, along with
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`accompanying music videos.
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`14.
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`Defendants never sought or obtained permission from Plaintiff to use “All I Want for
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`Christmas is You” in creating, reproducing, recording, distributing, selling, or publicly performing
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`said song.
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`15.
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`Plaintiff never gave Defendants permission, consent, or a license to use “All I Want for
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`Christmas is You” for any purpose, including the creation of a derivative work based on “All I Want
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 4 of 9
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`for Christmas is You”.
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`16.
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`Upon information and belief, Defendants, have in the past and are presently continuing to
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`reproduce, and distribute to the general public worldwide via the internet and interstate commerce,
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`copies of Plaintiff’s work, "All I Want for Christmas is You".
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`17.
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`Upon information and belief, as more fully set forth below, Defendants, have knowingly,
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`willfully, and intentionally engaged in a campaign to infringe Plaintiff’s copyright in the work “All I
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`Want for Christmas is You” and to commit acts of unjust enrichment by the unauthorized
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`appropriation of Plaintiff’s work and the goodwill associated therewith, all which are proprietary to
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`Plaintiff as set forth herein, to the commercial gain, personal profit and unjust enrichment of the
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`defendants and the irreparable injury and financial loss of Plaintiff.
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`COUNT 1 - COPYRIGHT INFRINGEMENT
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`18.
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`Plaintiff's cause of action for copyright infringement arises under the Act of October 19,
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`1976, Pub.L. No. 94-553, Sec. 101; 90 Stat. 2541-98; 17 U.S.C. Sections 101-810 (1982), Section
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`106 (1)-(3) and (5), 501 et seq.
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`19.
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`At all relevant times, Plaintiff was and continues to be the co-owner and proprietor of the
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`rights, title and interest in and to the copyright the work “All I Want for Christmas is You”.
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`20.
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`Upon information and belief, Defendants knew or should have known of Plaintiff’s copyright
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`in the work “All I Want for Christmas is You”.
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 5 of 9
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` 21.
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`Plaintiff is the owner of copyright in the work “All I Want for Christmas is You" and of the
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`exclusive rights to, inter alia, reproduce the copyrighted work, prepare derivative works based in
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`whole or in part upon the copyright works, and distribute the copyrighted works by sale, license or
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`otherwise, 17 U.S.C. Sections 106, et seq.
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`22.
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`Plaintiff became aware of Defendants use of his work “All I Want for Christmas is You”,
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`without license, right or authority, and by reproducing and distributing to the worldwide general
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`public via the internet and interstate commerce. Plaintiff’s counsel initially made contact with
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`Defendants in April of 2021 to regarding the unauthorized use of the song. Thereafter, Plaintiff’s
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`counsel sent a letter via certified mail on or about December 20, 2021, regarding the unauthorized
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`use of “All I Want for Christmas is You”, thereby putting them on notice that the creation a
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`derivative work, without authorization and payment to Plaintiff represents a violation of Plaintiff’s
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`rights under 17 U.S.C. Sections 106, et seq.
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`23.
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`Defendants’ actions have deprived Plaintiff of just compensation in association with the use
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`of the work “All I Want for Christmas is you”, thereby causing Plaintiff financial and professional
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`damage, and if allowed to continue, will cause further injury to the Plaintiff.
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` 24.
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`Even after communicating the concerns with Defendants, Plaintiff was unable to come to any
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`agreement over usage of the “All I Want for Christmas is You”. Subsequently, Plaintiff personally
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`requested that Defendants cease and desist from further distribution of Plaintiff’s work. Despite
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`Plaintiff’s request, Defendants continue to exploit Plaintiff’s work “All I Want for Christmas is
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 6 of 9
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`You”, reaping tremendous financial awards and other pecuniary benefits to the detriment of Plaintiff.
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`25.
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`Thereafter, on April 5, 2022, Plaintiff purchased the “Merry Christmas” album incorporating
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`the song “All I Want for Christmas is You” from Louisiana Music Factory, located at 421
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`Frenchmen St., Ste. 100 New Orleans, LA 70116. In fact, Defendants’ “Merry Christmas” album,
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`incorporating the song “All I Want for Christmas is You”, remains available for purchase at retail
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`outlets throughout Louisiana, including Louisiana Music Factory, and Wal-Mart, in addition to
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`online marketplaces including Amazon.com.
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`26.
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`Upon information and belief, such unlawful activities by the Defendants constitute willful
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`infringements of Plaintiff’s copyright, and upon information and belief, were committed in disregard
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`of Plaintiff’s rights.
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`COUNT II - STATE LAW CLAIMS
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`UNJUST ENRICHMENT AND MISAPPROPRIATION
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`27.
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`Plaintiff repeats and realleges the allegations of Paragraphs 1 through 26.
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`28.
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`The actions of Defendants as more fully set forth above in Paragraphs 1 through 26,
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`contribute to falsely representing and marketing Plaintiff’s work “All I Want for Christmas is You”
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`as their own, constituting a misappropriation of the work, all to the commercial gain of Defendants.
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`29.
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`Specifically, the false representation of professional collaboration and association, the failure
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`to give notice to the public that Plaintiff is the owner of the work and, that Plaintiff does not endorse
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 7 of 9
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`the Defendants’ endeavors, and other acts more fully described above. These actions have resulted
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`in confusing the public in addition to resulting in a substantial loss of income to plaintiff and the
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`unjust enrichment of defendants.
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`COUNT III- LANHAM ACT VIOLATION
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`Plaintiff repeats and realleges the allegations of Paragraphs 1-29.
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`30.
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`Plaintiff’s claim arises under the Lanham Act of July 5, 1946, 15 U. S. C. sections 1051-
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`1127, particularly Section 43(a) of the Lanham Act, 15 U.S.C Section 1125(a).
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`31.
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`Defendants, have in the past and continue to use in connection with their commercial services
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`and merchantable goods Plaintiff’s work in interstate commerce, contributing to the false and
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`misleading representation of that has resulted in financial loss to Plaintiff.
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`32.
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`Upon information and belief, Defendants’ acts were designed to exploit the popularity and
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`unique style of Plaintiff, causing confusion as to the association of Defendants and Plaintiff,
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`endorsement, sponsorship, and approval of Plaintiff’s work. Defendants’ unauthorized use of the
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`“All I Want for Christmas is You” in association with their exploitation of the derivative work acts
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`to capitalize on the goodwill and unique talent of Plaintiff in an effort to obtain commercial
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`advantage.
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`33.
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`Upon information and belief, Defendants committed the actions referenced in the above two
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`paragraphs willfully and in absolute disregard of Plaintiff’s rights.
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`34.
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`Upon information and belief, Defendants have reaped undeserved profits from these
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`activities.
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`35.
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`Defendants’ aforesaid unlawful acts have damaged and continue to damage Plaintiff.
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`WHEREFORE, Plaintiff, demands judgment, jointly and severally against the Defendants as
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`follows:
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`1. An award to Plaintiff of the profits, gains and advantages derived by the Defendants as a
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`result of willful copyright infringement, in addition to punitive damages and compensation for the
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`damages sustained in an amount not less than $20,000,000.00;
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`2. An award to Plaintiff of the profits, gains, and advantages derived by the Defendants
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`and/or damages in an amount not less than $20,000,000.00 sustained by Plaintiff as a result of the
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`acts of the Lanham Act, unjust enrichment, and misappropriation recited above;
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`3. An award to Plaintiff of damages in an amount not less than $20,000,000.00 sustained by
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`Plaintiff as a result of Defendants acts of misappropriation and unjust enrichment.
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`4. That Defendants pay to plaintiff all costs of this action and reasonable attorney's fees to be
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`allowed to the Plaintiff by the Court;
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`5. That Plaintiff have such other and further relief as is just and proper.
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`Respectfully submitted,
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`/s/ Douglas M. Schmidt_________
`Douglas M. Schmidt (Bar No. 11789)
`335 City Park Ave.
`New Orleans, LA 70117
`Telephone: (504) 482-5711
`Email: boris1s2002@yahoo.com
`Withhold Service
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`/s/ Andrew C. Abrams
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`Case 2:22-cv-01616-WBV-DMD Document 1 Filed 06/03/22 Page 9 of 9
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`Andrew C. Abrams (Bar No. 32280)
`935 Gravier St., Ste. 900
`New Orleans, LA 70118
`Telephone: (504) 799-4200
`Email: aca@obryonlaw.com
`Withhold Service
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`Withhold Service:
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`Walter Afanasieff
`c/o Isina Academy
`637 S. Fairfax Ave., Apt. 102
`Los Angeles, CA 90036
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`Sony Corporation
`SCA Legal Department
`25 Madison Ave., Fl. 26
`New York, NY 10010
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`Stuart Prager
`152 West 57th Street,
`New York, NY 10019
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