Opportunity Knocks v Maxwell Amended Counterclaim

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF INDIANALAFAYETTE DIVISION

OPPORTUNITY KNOCKS, INC. )d/b/a CARTOONMAPS.COM, ))Plaintiff ))v. ) Case No. 4:08-CV-0072-AS-APR)BRANDON MAXWELL, )BRIDGETTE MAXWELL and )MAXWELL MAPS LLC, ))Defendants. )BRIDGETTE MAXWELL ))Counterclaim/Third Party Plaintiff ))v. ))OPPORTUNITY KNOCKS, INC. )d/b/a CARTOONMAPS.COM and )MARK PFLUG, ))Counterclaim Defendant and )Third Party Defendant. )

DEFENDANTS' FIRST AMENDED ANSWER TO COMPLAINT AND DEFENSES ANDCOUNTERCLAIM AND THIRD PARTY CLAIM

Defendants Brandon Maxwell, Bridgette Maxwell and Maxwell Maps LLC (collectively,"Defendants"), for their First Amended Answer to the Plaintiff Opportunity Knocks, Inc. d/b/aCartoon maps.com's ("OKI") Complaint, which they file pursuant to Federal Rule of CivilProcedure 15 as a matter of right, state:

PARTIES

1.

Defendants lack knowledge or information sufficient to form a belief as to thetruth of the allegations contained in paragraph 1 of plaintiff's complaint and therefore deny.

2.

Defendants admit that Brandon Maxwell is an individual resident of Colorado,residing at 580 Haverly Street, Crested Butte Colorado, 81224, that Brandon is a member of Maxwell Maps LLC, and that Maxwell Maps LLC sold graphical city maps and promotionalitems related to graphical city maps. Defendants deny all other remaining allegations of paragraph 2 of plaintiff's complaint.3.

Defendants admit that Bridgette Maxwell is an individual resident of Colorado,residing at 580 Haverly Street, Crested Butte Colorado, 81224, that Bridgette is a member andthe manager of Maxwell Maps LLC, and that Maxwell Maps LLC sold graphical city maps andpromotional items related to graphical city maps. Defendants deny all other remainingallegations of paragraph 3 of plaintiff's complaint.4.

Defendants admit that Maxwell Maps LLC is a Colorado Limited LiabilityCompany with a principal place of business at 580 Haverly Street, Crested Butte, Colorado,81224, and that Maxwell Maps LLC designed, printed and sold graphical city maps andassociated materials and promotional items. Defendants deny all other remaining allegationscontained in paragraph 4 of the plaintiff's complaint.

JURISDICTION AND VENUE

5.

Defendants admit that plaintiff purports to bring claims arising under thecopyright laws of the United States, 17 U.S.C. §§ 101,

et seq

., the Lanham Act, 15 U.S.C. §§1051,

et seq

., and the laws of the State of Indiana. Defendants deny that plaintiff's claims haveany merit and deny all other remaining allegations contained in paragraph 5 of the plaintiff'scomplaint.-2-

6.

Defendants admit that this Court has subject matter jurisdiction over this action.Defendants deny that plaintiff's claims have any merit and deny all other remaining allegationscontained in paragraph 6 of the plaintiff's complaint.7.

Defendants deny the allegations contained in paragraph 7 of the plaintiff'scomplaint and further state that in its "supplement" filing, the plaintiff submitted a contract witha forged signature which plaintiff purports to be that of Bridgette Maxwell.8.

Defendants deny the allegations contained in paragraph 8 of the plaintiff'scomplaint.

COUNT I

COPYRIGHT INFRINGEMENT

9.

Defendants hereby incorporate their responses to the allegations of paragraphs 1through 8 of plaintiff's complaint as if fully set forth herein.

10.

Defendants admit that in 2005, Brandon Maxwell and Bridgette Maxwell hiredOpportunity Knocks, Inc. ("OKI") to assist in the creation of a graphical city map for Cheyenne,Wyoming, and that in 2006 Bridgette Maxwell hired OKI to assist in the creation of a graphicalcity map for Crested Butte, Colorado. Defendants deny all other allegations contained inparagraph 10 of the plaintiff's complaint.

11.

Defendants deny the allegations contained in paragraph 11 of the Complaint andstate that an incomplete copy of the Crested Butte, Colorado, Summer 2006 Winter 2007graphical city map is attached to plaintiff's complaint as Exhibit 1. Defendants deny all otherallegations contained in paragraph 11 of the plaintiff's complaint.

12.

Defendants admit that the Crested Butte, Colorado, Summer 2006 Winter 2007graphical city map was first published on or before July 31, 2006. Defendants deny all otherallegations contained in paragraph 12 of the plaintiff's complaint.

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