Case 2:07-cv-o1848-LP

Document

9

Filed OS/23/2007

Page 1 of 8

UNITED STATES DISTRICT

COURT FOR THE

EASTERN DISTRICf OF PENNSYLVANIA LIMITED
1 Lumley Street London
United Kingdom WIK 61T

Plaintiff
v.

) ) ) ) ) ) ) ) )

EXPLOROLOGIST

CIVIL ACnON
No. 07-1848

AMENDED

The

Plaintiff,

EXPLOROLOOIST

LIIvlI'rED,

COMPUINT

by

and

through

its

attorneys,

Alan

L.

Alan

L.

Frank

Law

Associates,

P.C.

and

Richard

Wmelander,

sues

British

Copyright

law, commercial

disparagement and appropriation

BRIAN

of name or likeness. In

supportof its claim the Plaintiff states following: the
THE PARTIES

1.

The Plaintiff~ EXPLOROLOGIST

LIMITED

(EXPLOROLOGIST)

is a company

organized and existing under the laws of the United Kingdom with offices located 1 Lumley

StreetLondo~
2..

United

Kingdom

WIK

6Tf.

The Defendant, BRIAN SAPIENT

(SAPIENT)is a

citizen of the United Statesand a residentof the stateof Pennsylvania residing at the address~.1 Upon information andbelief, SAPIENT doing business the as RationalResponse Squad.

Frank,

Case 2:07-cv-O1848-LP

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Document

3.

The jurisdiction of this Court is basedon, diversity of citizenshippursuantto 28

U.S.C.§ 1332(a)(2).

4.
trafficking
laws of the

The

matter

in

controversy

JURISDICTION

arises

from

9

the

SAPIENT's

unauthorized

use

of,

in

a cinematographic

film entitled "Dr Hughes", ("the Film"), under the copyright
Copyright, Designs and Patents Act of 1988).

United

Kingdom.

5.

The

United

Kingdom

(The

and

United

States

are

parties

to

the

Berne

Convention,

and

copyrighttreaty.

COUNTI
Con~rieht
(The Co~mght.
Infrineement

Desil!ns and Patents Act of 1988)

6.

The

Plaintiff,

EXPLOROLOGIST

is

and

was

at

all

material

times

entitled

copyright subsistingin
meaning ascribed to that

a cinematographic

film

entitled

"Dr

Hughes",

("the

Film"),

within

term

as

it

arises

within

the

Copyright,

Designs

and

Patents

Act

of

{The Copyright Act).

7.

The

"Film"

was

made

of

a

public

performance

which

took

place

in

1987

at

1988,

Hexagon in Reading, England at a charity show for the purpose of obtaining funding for the
purchase of a new scanner for the Royal Berkshire Hospital.

8, the meaning
9.

The

maker

of

the

Film

was

one

Shimsbon

Sbtrang,

is

a

qualified

person

ascribedto that term asit ariseswithin The CopyrightAct. Shimshon Shtrang assigned his intellectual property rights, including his

copyrightof the "Film", to the Plaintiff, EXPLOROLOGIST.

2

within

the

the

to

a

Case 2:07-cv-O1848-LP

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9

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10.
upon the website

The Defendantdid and for a period commencingJanuary2007 digitally up-load
pages of the domain name www.youtube.com electronic images of the Film

witl1ina sequence of
Peter Popoff", ("the Defendant's

cinematographic

images

entitled

"James

Randi

exposes

Un

Geller

Title"),

which

were

digitally

downloaded

by

members

of

and

United

Kingdom

public

including,

inter

alia,

a

person

describing

themselves

as

"Snowy

The Plaintiff will rely upon each and every such accessby United Kingdom subjectsto the
relevant pages of the www.youtube.com web site. The Defendant's Title also contained

cinematographic

images,the copyright in which vestedin third partiesother thanthe Defendant. The Defendantinfringed the Plaintiff's copyrightin the Film by: (a) making a copy of the film; and

11.

(b) causingthe Film, in so far asit consists visual images,to be seenand heard of
in public within the United Kingdom.

12.
was in flagrant

Further, the Defendant's infringement of the Claimant's copyright in the Film
disregard of the Claimant's rights therein.

EXPLOROLOGIST

WHEREFORE,

the

Plaintiff,

LIMITED,

respectfully

requests

Owl",

this Honorable Court:

enjoin the Defendant, BRIAN

To

preliminarily

and

A.

SAPIENT

individually and doing business as the Rational

Response Squad, and the Rational Response Squad its officers, agents, servants, employees, attorneys,parents,subsidiariesand related companies,and all personsacting
for, with, by, through or under them or any person acting in concert or integrity with them,

from

infringing

the

Plaintiff's

copyright

in

pennanently

"the

1

Film",

that

the

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B

To

order

for

delivery

up

and

forfeiture

to

the

Plaintiff,

of

all

copiesof the Plaintiff's Film or in the alternative destruction upon oath of all such
infringing copiesof all sucharticles.

c.
D.

compensatory

damages, with such compensatory

To

award

the

damages be trebled; to
To award the Plaintiff punitive damages for the Defendants' willful and To award the Plaintiff its reasonable attorneys fees and costs of To award the Plaintiff such other and further relief as is

malicious infringement of its fihri;
E.
this

action;

F

Plaintiff

COUNT n
Commercial DisDaraKement

13.
reference as though

The averments paragraphs of
fully set forth herein in this COun4

- 12 are herebyincorporated adoptedby and
and further state:

14.
likeness and image

ThePlaintiff,EXPLOROLOGIST,is the assignee certainpropertyrights to the of
Additionally the Plaintiff
Uri Geller including the right to publicly.

manages,

promotes

and

sells

Un

Geller

related

15.

The Defendantdid and for a period commencingMarch 2007 digitally up-load

upon the website pages of the domain name www.youtube.com and elsewhere electronic video

images himselfdiscussing PlaintiffandUrl of the

intellectual-property.

Geller.

During

the

course

of

which

just.

the

infringing

maliciously. and or in reckless disrcgard for the truth. falsely accusedthe Plaintiff of being a dmnmy
or sham corporation and accused UTi Geller of being a professional con man and fraud and other

criminal or immoral acts.

4

defendant

Case 2:07-cv-o1848-LP .16.

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The Defendant'sfalseaccusations weredeliberately broadcast ofba1redfor your out
and Uri Geller, in a malicious effort to hold both to public ridicule, and to ruin Url Geller's career as a performer and diminish

Plaintiff, EXPLOROLOGIST scorn,dishonor,
and emban'aSSment,

value thePlaintiff to 17.
Defendant of the

The Plaintiff further allegesthat, as to the publication and/orrepublicationby the
defamatory statements, same were not only published with reckless disregard

for their truth of falsity, being implicitly malicious, but that such statements were additionally

and/or alternatively intentionally malicious, made by the Defendant out of spite, hatred and

dislikeof the Plaintiff,

EXPLOROLOGIST

and

Url

Geller,

and

that

tl1e

Defendant

andintentionally desired intended expose Plaintiff, EXPLOROLOGIST and to the
to ridicule, scorn, contempt and/or hatred.

and

purposefully

Un

18.

a direct result of defendant'smalicious
and UIi Geller, the corporation and its property have

defamation of Plaintiff,
become the subject of

EXPLOROLOGIST

public scornandjokes and its reputationand standing the communityhassufferedgreattrauma in
and other damage.

As

BRIAN SAPIENT

WHEREFORE,

Plaintiff,

demands

judgment

against

compensatory punitive damages, an amountto be detenninedat and in
trial but which is currently in excess of Seventy Five Thousand ($75.000.00) Dollars. plus costs

andexpenses, including attorneys'fees.

COUNT ill
ADnronriation of Name or

19.

The avennents paragraphs 18 areherebyincorporatedand adoptedby of 1

-

reference thoughfully setforth hereinin this Count,and further state: as

5

Lil(eness

Defendant

Geller,

his

Case 2:07-cv-O1848,.LP

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20.

The Defendant BRIAN SAPIENT
or Url Geller's consent, used for his own benefit and commercial

without the Plaintiff,
purpose

EXPLOROLOGIST's

the

likeness

and

image

oWri

Geller.

21.

the Plaintiff,

By

reason

of

BRIAN

EXPLOROLOGIST
was WHEREFORE, Plaintiff, damaged. demands judgment against Defendant BRIAN

SAPIENT

compensatory

andpunitive damages, an amountto be determinedat ill

trial but which is currentlyin excess Seventy of Five Thousand($75,000.00) Dollars, plus costs andexpenses, including attorneys' fees.
Respectfully submitted,
EXPLOROLOGIST
LIMITED

By and Through Counsel.

ALAN L. FRANK
Alan
9.~'

LAW ASSOCIATES,

SAPIEN

P .C.

L.

Frank,
~-~~~~

Esquire

By:

8380 Old York Road, Suite 410
Elkins Park, PA

215.935.1000
E-mail: ~@alflaw

19027

Fax: 215.935.1110
.net

~ ~
~ Richard 1005 North

And

4~~~;f(
.. Winelander, Calvert Street Esquire

(~~

~-

'.1l

/

-:J

Baltimore,
rw@ri~tverdict.com

lo..m 21202

410.576.7980

Fax: 410.385.2023 Attorneysfor Plaintiff

6

1

Case 2:07-cv-o1848-LP

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Page 7 of 8

DEMAND

FORA

JURY

The Plaintiff,

EXPLOROLOGIST

LlMrrED, by andthroughhis attorneys, Alan L. Frank,
and Richard Winelander, respectfully demands that his case

Alan

L.

Frank

Law

Associates,

P.

betried beforeajury.
Respectfully submitted, EXP LOR 0 L OG IS T LIM1-r.t:D By and Through Counsel,

C.

ALAN

L.

FRANK

LAW

TRIAL

~OCIA

TBS,

P

By:

~

~

Alan

L.

Frank,

8380

Old

York

Esquire

Road,

Suite

7~-

Elkins

Park,

PA

gfrgnk@llt]aw.net

215.935.1000

Fax:

215.935.1110

and
/;1. ~.jM..1 A" Ri~~w~~r~:~:~;~~
1005 North Calvert Street Baltimore, :tvID 21202
~ahtverdictcom

19027

410

.C.

,ul/r~~~
(

,14)

410.576.7980
Fax: 410.385.2023

Attorneysfor Plaintiff

.,