Below is reproduced the exact text of the original Complaint filed by the Plaintiffs, Stanley and Cynthia Tenen and the Meru Foundation, against Daniel E. Winter in February 1994.
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STANLEY N. TENEN and CYNTHIA TENEN, )
husband and wife; and MERU FOUNDATION,)
a California non-profit corporation, ) NO.
Plaintiffs, ) COMPLAINT FOR
) COPYRIGHT INFRINGEMENT
v. ) AND DISPARAGEMENT
DANIEL WINTER individually and d/b/a )
DANIEL WINTER AND FRIENDS and d/b/a )
CRYSTAL HILL INSTITUTE, )
PLAINTIFFS, by their attorneys, for their Complaint against the Defendant, allege and aver as follows:
I. JURISDICTION AND VENUE
1.1 This is an action for copyright infringement under the United States Copyright Act of 1976, as amended, 17 U.S.C. Section 101 et seq. (the "Copyright Act"). This court has jurisdiction pursuant to 28 U.S.C. Section 1338(a). This is also an action for disparagement. This court has pendent jurisdiction of this additional claim pursuant to 28 U.S.C. Section 1367.
1.2 Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a) and 1391.
II. THE PARTIES
2.1 At all times relevant herein, STANLEY N. TENEN and CYNTHIA TENEN have been husband and wife, and have been residents of the state of California, where they currently reside. In 1963, STANLEY N. TENEN received a bachelor of science degree in physics from the Polytechnical Institute of New York; from 1963 to 1968 he worked as a physicist and engineer at Sylvania, Block Engineering, and Raytheon Corporation. From 1968 to the present, STANLEY N. TENEN has been engaged in original research regarding the origin of the Hebrew alphabet and related matters, as described below.
2.2 MERU FOUNDATION is a non-profit corporation organized and existing under the laws of the state of California since 1983. The principal place of business of MERU FOUNDATION is P.O. Box 1738, Anselmo, California. MERU FOUNDATION was established to support original research regarding the origin of the Hebrew alphabet and other sacred alphabets, sacred geometry, autocorrelation patterns of the Hebrew letters of Genesis, the religious and philosophic implications thereof, and related matters. MERU FOUNDATION is qualified as a tax exempt educational foundation pursuant to 26 U.S.C. Section 503(c).
2.3 STANLEY N. TENEN and CYNTHIA TENEN are the owners of copyrights in the works that are the subject of this action.
2.4 At all times relevant herein, STANLEY N. TENEN has been employed by MERU FOUNDATION as Director of Research. CYNTHIA TENEN is also an employee of MERU FOUNDATION.
2.5 At all times relevant herein, DANIEL WINTER has been a resident of the state of New York and has been doing business as DANIEL WINTER AND FRIENDS and as CRYSTAL HILL INSTITUTE. The principal place of business of DANIEL WINTER is 9411 Sandrock Road, Eden, New York 14057.
2.6 In connection with the operation of DANIEL WINTER AND FRIENDS and CRYSTAL HILL INSTITUTE, DANIEL WINTER creates and publishes writings in the form of loose-leaf and bound monographs, newsletters, videotape recordings, and CD-ROMs, and lectures to subscription audiences regarding sacred geometry, the genesis of language and feeling, and related matters.
2.7 The business activities of DANIEL WINTER extend nationwide, and in particular, to the state of Washington, including at least the following activities of Defendant WINTER in the state of Washington:
(a) sale of books in the state of Washington created and published by DANIEL WINTER AND FRIENDS, including the bound monograph, "Alphabet of the Heart -- Sacred Geometry: The Genesis in Principle of Language and Feeling," which books include unauthorized copies of the copyrighted works of the plaintiffs; and
(b) public lectures by DANIEL WINTER in the state of Washington to subscription audiences intended to promote the sale of the offending writings created and published by DANIEL WINTER AND FRIENDS, and which do promote the sale of said offending writings, which lectures include unauthorized public display by videotape and/or by other audio-visual means of the copyrighted graphical works, and other copyrighted works, of the plaintiffs, one example being public lectures by DANIEL WINTER on Friday evening, July 23, and all day Saturday, July 24, 1993, at the Yelm High School Little Theater, in Yelm, Thurston County, Washington, which was a sold out audience of 250 persons (ticket prices: for Friday evening, $5 in advance and $10 at the door; for Saturday, $10 in advance and $15 at the door); and
(c) public performances in the state of Washington of videotape recordings created and published by DANIEL WINTER AND FRIENDS that include copyrighted writings of the plaintiffs, including, for example, a public showing in 1993 by Dick Mankamyer d/b/a The Survivalist Center, P.O. Box 234, McKenna, Pierce County, Washington; and
(d) advertising for sale of the above-referenced offending monographs and/or videotapes created and published by DANIEL WINTER AND FRIENDS in mail order catalogs that are created and disseminated from the state of Washington, examples of which are as follows:
(1) the mail order catalog entitled "Awakenings," owned and published by Mynders Glover, 3792 Harts Lake Road, Roy, Pierce County, Washington; and
(2) the newsletter and catalog entitled "Rainy Day Essentials," created and published by Tony Engler and Grace Engler, husband and wife, d/b/a Rainy Day Essentials, P.O. Box 1028, 307 Yelm Avenue, E., Yelm, Thurston County, Washington 98597. Both of the above-referenced catalogs have advertised the sale of offending writings of DANIEL WINTER, including his bound monograph, "Alphabet of the Heart -- Sacred Geometry: The Genesis in Principle of Language and Feeling." DANIEL WINTER has known of, and permitted, the above-referenced catalogs to advertise the sale of his offending writings. In addition, it was Rainy Day Essentials that organized, advertised and sold subscriptions for the above-referenced public lectures of DANIEL WINTER in Yelm Washington, on July 23 and 24, 1993.
2.8 Although MERU FOUNDATION does not own the copyrights that are the subject of this action, MERU FOUNDATION has a direct financial stake in the copyrights inasmuch as STANLEY N. TENEN performed the research and writing that resulted in the copyrighted works within the scope of his employment for MERU FOUNDATION; moreover, the ability of MERU FOUNDATION to attract financial support from donors depends upon the integrity and inviolability of said copyrights. MERU FOUNDATION also has a direct interest in controlling the dissemination of MERU FOUNDATION research findings, including control over the quality, accuracy, timing, and channels of distribution of written reports of such findings. Furthermore, MERU FOUNDATION is licensed by STANLEY N. TENEN and CYNTHIA TENEN for copying, publication, public display, and dissemination of their copyrighted works. Therefore, MERU FOUNDATION is joined as a plaintiff pursuant to Rule 17(a) of the Federal Rules of Civil Procedure.
III. CLAIMS OF COPYRIGHT INFRINGEMENT
3.1 Plaintiffs repeat and reallege each of the allegations in paragraphs 1.1 through 2.5.
3.2 Plaintiffs allege claims of copyright infringement, based upon the Defendant's unauthorized copying and publishing of the copyrighted writings of STANLEY N. TENEN. All of the claims for copyright infringement joined in this complaint are governed by the same legal rules and involve similar facts. Joinder of these claims will promote the convenient administration of justice and will avoid a multiplicity of separate, similar actions against the Defendant. Plaintiffs reserve the right to amend this Complaint and assert additional claims of copyright infringement against the Defendant as more information becomes available.
3.3 In 1968, while looking at a copy of the Hebrew text of Genesis, STANLEY N. TENEN noticed what appeared to be a pattern in the arrangement of the letters. As he did not read Hebrew, but knew only the alphabet, he saw this pattern only in the letter-arrangement, not in the Hebrew words or in their generally understood meaning. Thereafter, by his own original and independent research, he discovered that the 28 Hebrew letters of the first verse of Genesis [English translation: "In the beginning, God created the heavens and the earth."] form a unique pattern; that is, when the letters are distributed in their original sequence along a rectangular, seven-turn spiral, the same (or "mirror image" -- see coordinate assignments, below) letters align on the principal diagonals of the spiral. This spiral is illustrated in its initial embodiment in the annexed Exhibit 1, which is page five from a monograph authored by STANLEY N. TENEN entitled, "A Short Course in Time." The 1981 version of "A Short Course in Time" was registered by the U.S. Copyright Office in the name of STANLEY N. TENEN on April 24, 1981, under registration number TX 72-910, a true copy of the registration certificate for which is annexed as Exhibit 2, and a true copy of the entire 1981 version is annexed as Exhibit 3.
3.4 MR. TENEN also discovered that the 27 letters of the Hebrew alphabet can be assigned coordinates in three-dimensional space as defined by orthogonal axes x, y and z, that is, the coordinates (0,0,0), (1,0,0), (1,1,0), . . . . (2,2,2), thereby defining a cubic volume, wherein the origin of the coordinate system is (0,0,0) and the diagonally opposite corner of the cube is (2,2,2). He further discovered an interesting symmetry exists when the letters of the Hebrew alphabet are assigned to x,y,z coordinates as follows:
[NOTE: THIS TABLE AS SUBMITTED TO COURT HAS HEBREW LETTERS HAND-DRAWN AND COLUMNS ALIGNED]
letter letter Hebrew
number name symbol analogue coordinates
1 bet B (0,0,1)
2 gimel C (0,0,2)
3 dalet D (0,1,0)
4 he E (0,1,1)
5 vav F (0,1,2)
6 zayn G (0,2,0)
7 chet H (0,2,1)
8 tet J (0,2,2)
9 yod I (0,1,1)
10 kaf K (1,0,1)
11 lamed L (1,0,2)
12 mem M (1,1,0)
13 nun N (1,1,1)
14 samek S(O) (1,1,2)
15 ayin O (1,2,0)
16 pe P (1,2,1)
17 zadi Z (1,2,2)
18 qof Q (2,0,0)
19 resh R (2,0,1)
20 shin SH,S (2,0,2)
21 tav T (2,1,0)
22 kav U (2,1,1)
23 mem W (2,1,2)
24 nun X (2,2,0)
25 fe F (2,2,1)
26 zadi Z (2,2,2)
With the Hebrew letters so arranged in space, the sequence of the first 28 letters of Genesis may be connected by shaded lines. Then, if one sights along the diagonal line from (2,2,2) to (0,0,0), one finds that the shaded lines connecting the 28 letters of the first verse of Genesis are symmetrically positioned on opposite sides of a plane containing the diagonal line that bisects the cube. This discovery is graphically illustrated on the third page of Exhibit 3.
3.5 By further original and independent research, STANLEY N. TENEN also discovered that the letters of the sacred alphabets can all be generated by shadowgrams of a single three dimensional object; that is, a three-dimensional spiral vortex flame model when placed inside a tetrahedron casts two-dimensional shadows, called "flame letters," comprising the letters of the Hebrew, and Arabic alphabets, wherein the particular shape of the shadowgram depends upon the angle of projection onto a wall of the tetrahedron. He further discovered that the appropriate vortex flame to use for this purpose is a 1 1/2 turn length of ribbon cut from a dimpled sphere (i.e., a sphere having indentations at opposite poles, similar to the shape of an apple), a dimpled sphere being one embodiment of a torus. In 1986, he described and graphically illustrated this discovery in a printed monograph entitled "The Light in the Meeting Tent," the cover of which was labeled "Preliminary/Pre-Publication Confidential," a true copy of which is annexed as Exhibit 4.
3.6 On April 13, 1992, the plaintiffs registered with the U.S. Copyright Office "The Light in the Meeting Tent;" a true copy of the certificate of registration TX U 530 092 is annexed as Exhibit 5. Soon thereafter, an "Errata and Addenda" sheet was added to the work, which was registered by the U.S. Copyright Office on January 27, 1992, registration certificate TXU 515 998, annexed as Exhibit 6.
3.7 In September 1987, the Defendant contacted MERU FOUNDATION and expressed great interest in their research efforts. He visited the offices of MERU FOUNDATION and sought information regarding the research findings of MERU FOUNDATION. The Defendant ingratiated himself with the plaintiffs by expressing his desire to find additional financial supporters for their work. STANLEY N. TENEN cautioned the Defendant that the research findings were preliminary and were not for general reproduction, dissemination or publication; he further cautioned the Defendant that MERU FOUNDATION's research findings would be shared with the Defendant in confidence and solely on condition that the Defendant agree that further dissemination of the research findings and original writings of MERU FOUNDATION would only occur in coordination with the plaintiffs and only with the express approval of the plaintiffs on an item-by-item basis. The Defendant so agreed. STANLEY N. TENEN thereupon made verbal disclosures to the Defendant of the research findings and original writings of MERU FOUNDATION, including the above-described discoveries; and further in confidence and in reliance on the Defendant's agreement, STANLEY N. TENEN made a videotape presentation for the Defendant wherein he answered questions posed by the Defendant regarding his research findings, which videotape recording was given by the plaintiffs to the Defendant. Still further in confidence and in reliance on the Defendant's agreement, and at the Defendant's request, the Plaintiffs gave to the Defendant a copy of the monograph, "A Light in the Meeting Tent."
3.8 In early 1988, without the Plaintiffs' knowledge or permission, the Defendant created and published a monograph entitled Planet Heartworks -- a New Synthesis, of which pages 132 through 134, and 136 through 143, inclusive, were complete and direct copies of the amended version of Plaintiffs' "A Light in the Meeting Tent," pages 6, 3, 4, 9, 12, 2, 5, 7, 8, and 11, respectively. The same monograph also contained unauthorized copies of various pages from TORUS, a journal published by MERU FOUNDATION.
3.9 It was not until September 1, 1988, that the Plaintiffs learned that the Defendant had begun infringing their copyrights; specifically, on that date in a telephone conversation, the Defendant disclosed to the Plaintiffs that, without their permission, he had copied the Plaintiffs' copyrighted works into a book that he had published under his own name, entitled Planet Heartworks -- a New Synthesis, that 1,400 copies had been printed, that he had already distributed 700 copies of it, and that he intended to distribute the remaining 700 copies.
3.9 On or about December 29, 1988, the Defendant sent a letter to Apple Computer, Inc., suggesting that Apple Computer collaborate with him regarding MERU FOUNDATION research topics. This action by the Defendant was performed without the prior knowledge or permission of the plaintiffs; it was disturbing to the Plaintiffs because they had previously revealed to the Defendant that they planned to make their own proposal to Apple Computer and seek research funding from that company. That is, the very person whom the Plaintiffs had taken into their confidence was now attempting to set himself up as their competitor.
3.10 By letter of April 24, 1989, from attorney Kenneth R. Allen of the law offices of Townsend and Townsend, the plaintiffs demanded that the defendant cease and desist all use of the term "MERU" in connection with his work, use of copyrighted works obtained from MERU FOUNDATION, and cease and desist from any further breach of his agreement with MERU FOUNDATION regarding use of proprietary material. A true copy of the letter is annexed as Exhibit 6.
3.11 By letter of May 5, 1989, to attorney Allen, the defendant agreed to "respect Stan's wishes and not further distribute any of the materials he sent me to distribute [sic]," and further agreed to "carefully distance his work from my own." A true copy of said letter is annexed hereto as Exhibit 7.
3.12 Again by letter of October 24, 1991, the defendant reassured the plaintiffs that he would "cease sharing the material related to original alphabet both video and written, for the time necessary to resolve the issues between Stan and myself;" a true copy of said letter is annexed as Exhibit 8.
3.13 On October 24, 1991, the defendant telephoned MERU FOUNDATION and had a conversation with STANLEY N. TENEN, the sum and substance of which are accurately stated in the annexed letter of October 28, 1991, from MR. TENEN with attached memorandum prepared by CYNTHIA TENEN, a true copy of which is annexed as Exhibit 9. As noted therein, the defendant once again agreed to ". . . cease distributing printed material or videotapes as of today, until we settle this issue," and further agreed that, if he gives lectures, he will not lecture on this material. The defendant still further agreed to jointly write a cover letter with MR. TENEN to be attached to all future materials that the defendant distributes acknowledging that all material on alphabets and Genesis was originated by MERU FOUNDATION. Thereafter, by letter of November 4, 1991, MR. TENEN reaffirmed his offer to assist in writing such a cover letter; a true copy of MR. TENEN's November 4 letter is annexed as Exhibit 10.
3.14 The defendant breached the agreement reached with the plaintiffs on October 28, 1991, in that he did not cease distributing printed material or videotapes that contain unauthorized copies of the plaintiffs' copyrighted works, nor did he cease lecturing on the research topics of the MERU FOUNDATION, nor did he jointly write a cover letter with MR. TENEN as the parties had agreed to do.
3.15 Contrary to his repeated reassurances to the plaintiffs since 1988 through at least October 28, 1991, the defendant has once again created and published a monograph containing unauthorized copies of the copyrighted works of the plaintiffs, under the title "Alphabet of the Heart -- Sacred Geometry: The Genesis in Principle of Language and Feeling." The plaintiffs, on information and belief, aver that he began selling this monograph in late 1991 or sometime in 1992, and it is currently on sale in the state of Washington. Numerous pages of that monograph contain unauthorized copies of plaintiffs' coyrighted works, as summarized in a letter of July 1, 1993, from CYNTHIA TENEN to Tony Engler, a true copy of which is annexed hereto as Exhibit 11. True copies of the pages of the defendant's monograph that are referenced in said letter are also annexed hereto as Exhibits 11a et seq.
In preparing this monograph, the defendant made an unauthorized derivative work based upon the plaintiffs' copyrighted three-dimensional vortex flame sculptures in the form of a table of numbers that he inputted into a digital computer. A true copy of the certificates of registration of the Plaintiffs copyrighted sculptures is appended as Exhibits 12 and 13. (The edges of these sculptures are the vortex flame three dimensional curves that are capable of generating the Hebrew alphabet; they are not, as the Defendant contends, golden mean spirals). Using the derived table of numbers, the Defendant used a digital computer graphics program to generate computer images of Hebrew letters as shadowgrams on the walls of a tetrahedron. In order to make these computer generated Hebrew letters appear to be his original work, the defendant has falsely claimed to third parties that the flame vortex that he used is a golden mean spiral. The defendant has admitted to MR. TENEN, however, that a golden mean spiral is not capable of generating these Hebrew letters by shadowgrams, and that he had to use the numerical equivalent of the plaintiffs' flame sculpture in order to successfully generate Hebrew letters by computer graphics. MR. TENEN has created a written explanation of why the golden mean spiral can not generate the Hebrew alphabet, a true copy of which explanation is annexed as Exhibit 14.
3.16 The Defendant maintains a mailing list and is currently distributing nationwide to persons on his mailing list a written publication entitled "Sacred Geometry and Coherent Emotion --Multimedia Learning Materials Catalog & Newsletter," which contains printed advertisements offering for sale several works created by the Defendant that incorporate and/or are derived from the copyrighted works of the Plaintiffs without the Plaintiffs' permission. From personal observation the plaintiffs know that the following titles are offered for sale therein by the Defendant and incorporate, and/or are derived from, the Plaintiffs' copyrighted works: Alphabet of the Heart (book); Sacred Geometry: the Unified Field (videotape); Feeling for Language, Anglish, Symmetry & Oneness (Part 1) (videotape); and Feeling for Language, Anglish, Symmetry & Oneness (Part 2) (videotape). On information and belief, the Plaintiffs allege and aver that the following works of the Defendant are also listed for sale by the Defendant in the above-referenced catalog and newsletter and also contain unauthorized copies of their copyrighted works: The Interconnectedness of All Things (video); Physics of Consciousness (video). On information and belief, the plaintiffs allege and aver that the Defendant has created and is currently distributing a CD-ROM, entitled The Language of Geometry Animated, that contains copyrighted graphical images of the plaintiffs copied, without permission, from "A Light in the Meeting Tent" and/or copied from the appended copyrighted sculptures of the plaintiffs. The following videotapes may also contain unauthorized copies of the plaintiffs' copyrighted works, and the plaintiffs hereby state their intent to move for leave to amend this Complaint to specifically allege copyright infringement by these additional works after discovery has been conducted by plaintiffs, if appropriate: Flowforms and Living Water; Starseed and the Sun Dance . . . Solar Codon Time Window; and Animated Chakras: Braided Geometry in the Aura. There may be additional offending titles created by the Defendant of which the Plaintiffs are not yet aware.
3.17 The Defendant mailed a copy of the catalog and newsletter referred to in the immediately preceding paragraph to, among others, Mr. Rod Maupin, a resident of the state of Washington residing in Mill Creek, Washington. On information and belief, the plaintiffs aver that mailing occurred in late 1993 or early 1994.
3.18 Thus, between early 1988 and the present, the defendant has knowingly and intentionally committed copyright infringement.
3.19 The specific acts of copyright infringement alleged, as well as the Defendant's entire course of conduct, have caused and are causing the Plaintiffs great and incalculable damage. By continuing to create, print, publish and sell unauthorized copies of the plaintiffs copyrighted works, by continuing to publicly perform videotape recordings containing unauthorized copies of the Plaintiffs' copyrighted works, and by continuing to display the plaintiffs' copyrighted graphical and sculptural images, the Defendant threatens to continue committing copyright infringement. Unless this Court restrains the Defendant from committing further acts of copyright infringement, the Plaintiffs will suffer irreparable injury for which they have no adequate remedy at law.
IV. CLAIMS OF DISPARAGEMENT
4.1 The Plaintiffs reallege paragraphs 1.1 through 3.19.
4.2 For a period of time extending to the present, the Defendant has stated in newsletters and in other writings to persons on his mailing list, including to persons residing in the state of Washington, that:
(a) it was he, not STANLEY N. TENEN, who solved the problem of defining the proper three-dimensional object for generating the Hebrew alphabet by shadowgrams on the walls of a tetrahedron;
(b) the proper object is a spiral ribbon created by a 36 degree rotation of a golden mean spiral having certain specified characteristics;
(c) it took the Defendant thousands of hours of work to determine the correct object;
(c) it is a problem that STANLEY N. TENEN was unable to solve;
(d) STANLEY N. TENEN claims to own the shape of the golden mean spiral; and
(e) STANLEY N. TENEN claims to own the shape of the letters of the Hebrew alphabet.
4.3 The Defendant continues to falsely state in public lectures, and to falsely represent by public displays of his videotapes, that the proper and unique three-dimensional object for generating the Hebrew alphabet by shadowgrams on the walls of a tetrahedron is the above-referenced ribbon created from a golden mean spiral by a 36 degree rotation.
4.4 The allegations of the Defendant as set forth in paragraph 4.2 and 4.3 are false.
4.5 The allegations of the Defendant as set forth in paragraph 4.2 and 4.3 are not only false, they were known by the Defendant to be false at the time that he made the allegations.
4.6 The false allegations of the Defendant as set forth in paragraph 4.2 and 4.3 were wilfully, maliciously and/or negligently made by the Defendant.
4.7 The false allegations of the Defendant as set forth in paragraph 4.2 and 4.3 have harmed the Plaintiffs in their professional and business endeavors.
4.8 The false allegations of the Defendant as set forth in paragraph 4.2 and 4.3 are an attempt by the Defendant to create a preference among people on his mailing list, and among the public generally, for his business over that of the Plaintiffs, so that his books, videotapes, CD-ROMs and lectures would be sought out and preferred over those of the Plaintiffs.
4.9 The false allegations of the Defendant as set forth in paragraph 4.2 and 4.3 have caused the Plaintiffs to suffer special damages in an amount to be proved at trial, including the loss of research funding opportunities from potential funding sources in the state of New York and elsewhere, and/or the loss of potential distribution mail order outlets for plaintiffs' writings in the state of Washington and elsewhere.
4.10 If the Defendant is permitted to continue to repeat the false allegations as set forth in paragraph 4.2 and 4.3, the Plaintiffs shall suffer irreparable harm for which there is no adequate remedy at law.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiffs pray:
(I) Defendant, his agents, servants, employees, and all persons acting under his permission and authority, and all persons in active concert with the Defendant, be enjoined and restrained from infringing, in any manner, the copyrighted works of the Plaintiffs, pursuant to 17 U.S.C. Section 502;
(II) Defendant, his agents, servants, employees, and all persons acting under his permission and authority, and all persons in active concert with the Defendant, be enjoined and restrained from alleging, orally or in writing, to any person any of the following:
it was the Defendant, not STANLEY N. TENEN, who solved the problem of defining
the proper three-dimensional object for generating the Hebrew alphabet
by shadowgrams on the walls of a tetrahedron;
(b) that the proper object is a spiral ribbon created by a 36 degree rotation of a golden mean spiral having certain specified characteristics;
(c) that it took the Defendant thousands of hours of work to determine the correct object;
(c) that it is a problem that STANLEY N. TENEN was unable to solve;
(d) that STANLEY N. TENEN claims to own the shape of the golden mean spiral; or
(e) that STANLEY N. TENEN claims to own the shape of the letters of the Hebrew alphabet.
(III) Pursuant to 17 U.S.C. 503(b), Defendant be required to deliver up for destruction all infringing copies of the following works: Alphabet of the Heart (book); The Language of Geometry Animated (CD-ROM); Planet Heartworks -- a New Synthesis (book); Sacred Geometry: the Unified Field (videotape); The Interconnectedness of All Things (videotape); Physics of Consciousness (videotape); Feeling for Language, Anglish, Symmetry & Oneness (Part 1) (videotape); and Feeling for Language, Anglish, Symmetry & Oneness (Part 2) (videotape); and, unless no infringing material is found in them, also the following: Flowforms and Living Water (videotape); Starseed and the Sun Dance . . . Solar Codon Time Window (videotape); and Animated Chakras: Braided Geometry in the Aura (videotape).
(IV) Pursuant to 17 U.S.C. 504(b), Defendant be required to pay to the Plaintiffs, such actual damages as the Plaintiffs may have sustained in consequence of the Defendant's infringements and all profits of the Defendant that are attributable to the infringement of Plaintiffs' copyrights. The Plaintiffs request the Defendant to account for all gains, profits and advantages derived by the Defendant from his infringements including profits of all sales and lecture fees of Defendant since the date of the first infringement.
(V) Pursuant to 17 U.S.C. 504(c), Defendant be ordered to pay statutory damages in a sum of not less than $20,000 for each act of infringement by the Defendant should this statutory remedy be elected.
(VI) Pursuant to 17 U.S.C. 504(c), Defendant be ordered to pay statutory damages in a sum not less than $100,000 for willful infringement should this statutory remedy be elected.
(VII) That, pursuant to 17 U.S.C. §505, Defendant be required to pay the Plaintiffs' full costs in this action and reasonable attorney's fees to Plaintiffs' attorney.
(VIII) That, pursuant to Rule 54(d) of the Federal Rules of Civil Procedure, Defendant be required to pay the Plaintiffs' full costs in this action.
(IX) That Defendant be required to pay to Plaintiffs such damages as Plaintiffs have suffered and all profits of Defendant that are attributable to Defendant's disparagement of the Plaintiffs.
(X) That Defendant be ordered to provide a true and complete copy of his mailing list to the Plaintiffs for the purpose of providing a court-approved statement in writing to cure and correct the disparagement by the Defendant communicated to persons on said mailing list.
(XI) Plaintiffs have such other and further relief as this Court may deem just and appropriate in the circumstances.
MERU FOUNDATION and TENENS v. DANIEL WINTER-TEXT OF COMPLAINT
COMPLAINT FOR COPYRIGHT INFRINGEMENT AND DISPARAGEMENT (FEBRUARY 1994)