The complaint

Matlow v. Haute Living Inc., No. 1:26-cv-09483-JGK (S.D.N.Y.), was filed October 29, 2026 (10 pages). The plaintiff is Linda Matlow, an individual residing in Chicago, Illinois, whom the complaint describes as a professional celebrity and music photographer with a career of nearly five decades. The defendants are Haute Living Inc., doing business as Haute Living, which the complaint alleges, on information and belief, is a Florida corporation; Haute Media LLC, which it alleges, on information and belief, is a New York limited liability company (together, Haute); and Does 1 through 10. Matlow demands a jury trial. (Compl. caption; paras. 4 to 7, 9; jury demand.)

The photograph

The complaint alleges Matlow created and is the sole owner of the Subject Photograph, which it reproduces: an image of customers inside a cupcake shop, taken through the shop's front window. It alleges she registered the photograph with the U.S. Copyright Office and owns a registration certificate. (Compl. paras. 10, 11; p. 4.)

What the complaint alleges

The complaint alleges, on information and belief, that the defendants used the photograph for commercial purposes by posting it on www.hauteliving.com, which it says Haute owns and operates. The screen captures in the complaint show the photograph with a Haute Living post about the shop's 24-hour cupcake ATM. The complaint alleges Haute never received authorization, consent, or a license from Matlow. It alleges that on May 15, 2024, Matlow sent Haute a letter saying the use infringed her copyrights, that the defendants failed to reasonably resolve the matter, and that the uses remain active on their website. (Compl. paras. 12 to 14; p. 5.)

Claims and relief

  • First Claim for Relief, copyright infringement, by Matlow against all defendants. It alleges, on information and belief, that the defendants accessed the photograph, copied, reproduced, published, and displayed it, and created infringing derivative works from it, and alleges, on information and belief, that the infringement was willful, which it says subjects them to statutory damages of up to $150,000 per infringement under 17 U.S.C. 504(c)(2). (Compl. paras. 15 to 21.)
  • Second Claim for Relief, violations of 17 U.S.C. 1202, by Matlow against all defendants. It alleges that Matlow's photography was routinely published with copyright management information, including the name and logo of her company. It alleges, on information and belief, that the defendants intentionally removed that information in violation of 17 U.S.C. 1202(b), and, in violation of 17 U.S.C. 1202(a), provided false copyright management information by adding their own logos, author names, bylines, and attribution to the photograph. It seeks damages or statutory damages and attorneys' fees under 17 U.S.C. 1203. (Compl. paras. 22 to 28.)

The complaint's caption lists the second count as vicarious and/or contributory copyright infringement, while the second claim for relief in the body is headed as violations of 17 U.S.C. 1202. The prayer seeks an injunction against infringing Matlow's photography, including an order to remove content incorporating it from any publication the defendants own, operate, or control; the defendants' profits, Matlow's losses, and any other monetary advantage gained through the infringement or, if elected before final judgment, statutory damages under 17 U.S.C. 504; a constructive trust over revenues from the infringement; costs and attorneys' fees; statutory damages or penalties under the statutes pleaded; pre-judgment interest; and other relief. (Compl. caption; prayer, paras. a to i.)