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ORIGINAL COMPLAINT FILED AGAINST DANIEL E. WINTER
 
in re Tenen v. Winter
 
Filed with US District Court, Western District of Washington at Tacoma inFebruary, 1994
 
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 inFebruary 1994.
 Return to List of Posted Douments UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONAT TACOMA
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, )
 
)
 
Defendant. )
 
)
 
______________________________________)
 PLAINTIFFS, by their attorneys, for their Complaint against the Defendant, allegeand aver as follows:
I. JURISDICTION AND VENUE
 1.1 This is an action for copyright infringement under the United States CopyrightAct of 1976, as amended, 17 U.S.C. Section 101 et seq. (the "Copyright Act"). Thiscourt has jurisdiction pursuant to 28 U.S.C. Section 1338(a). This is also an action fordisparagement. This court has pendent jurisdiction of this additional claim pursuant to28 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 TENENhave 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 sciencedegree in physics from the Polytechnical Institute of New York; from 1963 to 1968 heworked as a physicist and engineer at Sylvania, Block Engineering, and RaytheonCorporation. From 1968 to the present, STANLEY N. TENEN has been engaged inoriginal research regarding the origin of the Hebrew alphabet and related matters, asdescribed below.2.2 MERU FOUNDATION is a non-profit corporation organized and existing underthe laws of the state of California since 1983. The principal place of business of MERUFOUNDATION is P.O. Box 1738, Anselmo, California. MERU FOUNDATION wasestablished to support original research regarding the origin of the Hebrew alphabet andother sacred alphabets, sacred geometry, autocorrelation patterns of the Hebrew lettersof Genesis, the religious and philosophic implications thereof, and related matters.MERU FOUNDATION is qualified as a tax exempt educational foundation pursuant to26 U.S.C. Section 503(c).2.3 STANLEY N. TENEN and CYNTHIA TENEN are the owners of copyrights inthe works that are the subject of this action.2.4 At all times relevant herein, STANLEY N. TENEN has been employed byMERU FOUNDATION as Director of Research. CYNTHIA TENEN is also anemployee of MERU FOUNDATION.2.5 At all times relevant herein, DANIEL WINTER has been a resident of the stateof New York and has been doing business as DANIEL WINTER AND FRIENDS andas CRYSTAL HILL INSTITUTE. The principal place of business of DANIELWINTER is 9411 Sandrock Road, Eden, New York 14057.2.6 In connection with the operation of DANIEL WINTER AND FRIENDS andCRYSTAL HILL INSTITUTE, DANIEL WINTER creates and publishes writings inthe form of loose-leaf and bound monographs, newsletters, videotape recordings, andCD-ROMs, and lectures to subscription audiences regarding sacred geometry, thegenesis of language and feeling, and related matters.2.7 The business activities of DANIEL WINTER extend nationwide, and inparticular, 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 DANIELWINTER AND FRIENDS, including the bound monograph, "Alphabet of the Heart --Sacred Geometry: The Genesis in Principle of Language and Feeling," which booksinclude unauthorized copies of the copyrighted works of the plaintiffs; and(b) public lectures by DANIEL WINTER in the state of Washington tosubscription audiences intended to promote the sale of the offending writings createdand published by DANIEL WINTER AND FRIENDS, and which do promote the saleof said offending writings, which lectures include unauthorized public display byvideotape and/or by other audio-visual means of the copyrighted graphical works, andother copyrighted works, of the plaintiffs, one example being public lectures byDANIEL 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, whichwas a sold out audience of 250 persons (ticket prices: for Friday evening, $5 in advanceand $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 recordingscreated and published by DANIEL WINTER AND FRIENDS that include copyrightedwritings 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/orvideotapes created and published by DANIEL WINTER AND FRIENDS in mail ordercatalogs 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 byMynders Glover, 3792 Harts Lake Road, Roy, Pierce County, Washington; and(2) the newsletter and catalog entitled "Rainy Day Essentials," created andpublished by Tony Engler and Grace Engler, husband and wife, d/b/a Rainy DayEssentials, P.O. Box 1028, 307 Yelm Avenue, E., Yelm, Thurston County, Washington98597. Both of the above-referenced catalogs have advertised the sale of offendingwritings of DANIEL WINTER, including his bound monograph, "Alphabet of the Heart-- Sacred Geometry: The Genesis in Principle of Language and Feeling." DANIELWINTER has known of, and permitted, the above-referenced catalogs to advertise thesale of his offending writings. In addition, it was Rainy Day Essentials that organized,advertised and sold subscriptions for the above-referenced public lectures of DANIELWINTER in Yelm Washington, on July 23 and 24, 1993.2.8 Although MERU FOUNDATION does not own the copyrights that are thesubject of this action, MERU FOUNDATION has a direct financial stake in thecopyrights inasmuch as STANLEY N. TENEN performed the research and writing thatresulted in the copyrighted works within the scope of his employment for MERUFOUNDATION; moreover, the ability of MERU FOUNDATION to attract financialsupport 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 TENENfor copying, publication, public display, and dissemination of their copyrighted works.Therefore, MERU FOUNDATION is joined as a plaintiff pursuant to Rule 17(a) of theFederal Rules of Civil Procedure.
III. CLAIMS OF COPYRIGHT INFRINGEMENT
 3.1 Plaintiffs repeat and reallege each of the allegations in paragraphs 1.1 through2.5.3.2 Plaintiffs allege claims of copyright infringement, based upon the Defendant'sunauthorized copying and publishing of the copyrighted writings of STANLEY N.TENEN. All of the claims for copyright infringement joined in this complaint are
of 00

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