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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF INDIANA

MICHAEL FITZGERALD and WORLD

WISDOM, INC.
Civil Action No.
Plaintiffs,
v.
MAUDE MURRAY and BEACON
BOOKS AND MEDIA, LTD,

Defendants.

COMPLAINT

Plaintiffs Michael Fitzgerald (“Fitzgerald”) and World Wisdom, Inc.

(“World Wisdom”, and together with Fitzgerald, “Plaintiffs”), through their

undersigned counsel, hereby allege as follows for their Complaint against

Maude Murray (“Murray”) and Beacon Books and Media Ltd. (collectively,

“Defendants”):

JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction over this action

pursuant to 28 U.S.C. §1331 because Plaintiffs assert claims that arise under

the laws of the United States.

2. This Court has subject matter jurisdiction over Plaintiffs’ copyright

infringement claims in accordance with 28 U.S.C. §1338(a).

3. This Court has subject matter jurisdiction over Plaintiffs’ Racketeer

Influenced and Corrupt Organizations Act claims in accordance with 18 U.S.C.

§ 1964(a).

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4. This Court has subject matter jurisdiction over Plaintiffs’ state law

claims pursuant to 28 U.S.C. § 1367.

5. This Court has personal jurisdiction over Defendants and venue is

proper in this District pursuant to 28 U.S.C. § 1391 because a substantial part

of the property at issue and acts at issue in the action is situated or took place

in this District.

THE PARTIES

6. Fitzgerald is an individual residing in Bloomington, Indiana.

7. World Wisdom is an Indiana corporation with its principal place of

business in Bloomington, Indiana.

8. Murray is an individual residing in Pakistan.

9. Beacon Books is a private limited company located in Sale,

England.

ALLEGATIONS TO ALL COUNTS

10. Fitzgerald was the executor of the estate of Frithjof Schuon

(“Schuon”), a world-renowned philosopher and author, who died in 1998.

Schuon was a resident of Indiana from 1980 until his death in 1998. His wife

Catherine Schuon was a resident of Indiana from 1980 until her death in 2021.

Fitzgerald is a lifelong resident of Indiana. Together, Fitzgerald, Schuon, and

Catherine Schuon are referred to herein as the ‘Aggrieved Individuals.”

11. Murray was an Indiana resident from 1980-2001. Murray was a

close friend of Schuon and Catherine Schuon until 1992, when Murray became

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estranged from Schuon and Catherine Schuon following her divorce from her

then-husband.

12. From the years 1992-1995, Murray made increasingly aggressive

attempts to communicate with Schuon, including through threatening letters

sent to Schuon and others. These attempts to communicate with Schuon

culminated in Murray appearing at the home of Schuon and Catherine Schuon

in April 1995. Murray stated that her intention was to starve herself to death.

She was removed by police. Catherine Schuon obtained a Protective Order

against Murray for herself and Schuon. Murray repeatedly violated the

Protective Order. Ultimately, a warrant was issued for her arrest, and she was

incarcerated.

13. Murray then took to the courts. In the span of about six weeks,

she filed four separate lawsuits against Schuon and his close friends and

family, including Catherine Schuon and Fitzgerald. One such lawsuit was filed

in Monroe County, Indiana against Schuon for defamation of character

(“Murray Defamation Action”).

14. Two of the lawsuits were dismissed. The Murray Defamation Action

and one other lawsuit remained pending (the “Pending Lawsuits”).

15. In consideration for the dismissal of the Pending Lawsuits and the

pending criminal case against her, Murray entered into a Settlement Agreement

(“Agreement”) with the Aggrieved Individuals in 1995, which included the

following paragraph:

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Murray agrees that she will not disseminate or publicize in any

manner, including in writing or through the use of video tape
recordings, information of any type concerning or in any way relating
the Named Individuals.

The Aggrieved Individuals, among others, were included in this group of Named

Individuals. A true and accurate copy of the Agreement, together with a true

and accurate copy of the “Order of Dismissal with Prejudice” for the Murray

Defamation Action against Schuon, is attached hereto as Exhibit A.

16. After Schuon’s death in 1998, Catherine Schuon inherited

Schuon’s rights of publicity and various copyright interests in Schuon’s works.

In 2003, Catherine Schuon assigned her interest in Schuon’s rights of publicity

and her copyright interests in Schuon’s works to World Wisdom. A true and

accurate copy of the Copyright & “Rights of Publicity” Assignment is attached

hereto as Exhibit B.

17. Catherine Schuon also inherited Schuon’s rights under the

Agreement upon his death. In March 2021, Catherine Schuon assigned all her

rights and all Schuon’s rights under the Agreement to the Plaintiffs. A true and

accurate copy of the Assignment and Transfer of Ownership is attached hereto

as Exhibit C.

18. In January 2021, Catherine Schuon transferred all her rights of

publicity and copyright interests in her writings and other artistic creations to

World Wisdom. A true and accurate copy of the Copyright & Rights of Publicity

Assignment is attached hereto as Exhibit D.

19. Murray moved back to Indiana and resided there from 2013-2018.

In April 2018, Murray requested a meeting with Catherine Schuon. Because

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Catherine Schuon was not well enough to meet with Murray, Murray met with

Fitzgerald instead. Throughout the meeting, Murray mostly praised Schuon.

She proposed that if she were welcomed back by her former friends, she would

not publish her new website that she created while living in Indiana, which she

alleged contained many criticisms of Schuon. For various reasons, this

proposal was not seriously considered. The day after this meeting took place,

Murray published her website, www.frithjofschuon.wordpress.com (“Website”).

Maude Murray’s Website

20. The Website is problematic in numerous respects. First, it contains

numerous allegations involving the Aggrieved Individuals and others

(notwithstanding her contractual obligation not to disclose information about

these individuals).

21. Second, it infringes Catherine Schuon’s copyright in her Letter to

Sister Veronica (“Letter to Sister Veronica”), in multiple pages of the Website.

World Wisdom owns the copyright in Letter to Sister Veronica.

22. Murray created and published the Website while living in Indiana,

many of the events described on the Website took place in Indiana, and the

Website targets Indiana residents. The Website is still active, and the above-

described disclosures and infringements persist.

Maude Murray’s Book

23. In 2021, Murray published a book, Third Wife of the Muslim

Shaykh Frithjof Schuon (“Third Wife”), with her publisher Beacon Books. The

book was published and disseminated in both print (hard back and paperback)

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and electronic formats. Like Murray’s website, Third Wife is problematic in

numerous respects.

24. The majority of Third Wife allegedly recounts the experiences that

Murray had while living in Indiana. Third Wife includes numerous allegations

involving the Aggrieved Individuals (notwithstanding her contractual obligation

not to disclose information about these individuals).

25. Fitzgerald was described in Third Wife by the pseudonym “Sidi

Xyz.” Additionally, a photograph of Fitzgerald included in Third Wife refers to

Fitzgerald as Sidi Xyz. On her Website, Murray disclosed that Sidi Xyz refers to

Fitzgerald.

26. Third Wife also infringed numerous copyrights. First, it infringed

Catherine Schuon’s work entitled “Points of Reference.” World Wisdom owns

the copyright interest in Points of Reference.

27. Third Wife also infringed Letter to Sister Veronica.

28. Third Wife targeted Indiana residents including but not limited to

Catherine Schuon (before her recent passing) and Fitzgerald. At least seven

printed copies of Third Wife were shipped to Indiana.

29. On March 15, 2021, Beacon Books withdrew Third Wife from

circulation. Shortly thereafter, Murray sent an email to Fitzgerald in which she

demanded that Fitzgerald pay Beacon Books £10,000 in exchange for taking

the first edition of Third Wife out of circulation. At the time of that email,

Murray was aware that Third Wife violated registered copyrights.

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30. Despite knowing that Third Wife violated registered copyrights,

Murray continued, and continues, to disseminate electronic versions of Third

Wife.

31. Indeed, in Murray’s email, she threatened to continue to distribute

printed and electronic versions of Third Wife if her monetary demand was not

met.

32. Both Murray and Beacon Books have indicated that another

edition of Third Wife is being developed and is intended to be published.

COUNT I
CIVIL RICO (ALL DEFENDANTS)

33. The Plaintiffs incorporate by reference the allegations in the

preceding paragraphs as if fully set forth herein.

34. Plaintiffs are each “persons” within the meaning of 18 U.S.C.

§1961(3). In particular, Plaintiffs consist of (a) an individual, and (b) a duly

formed and recognized corporation.

35. Defendants are each “persons” within the meaning of 18 U.S.C.

§1961(3). In particular, Defendants consist of (a) an individual), and (b) a duly

formed and recognized private limited company.

36. Defendants, collectively and in concert with the other, committed

criminal copyright infringement in contravention of 17 U.S.C. § 506(a). In

particular, World Wisdom is the owner of exclusive rights in Points of Reference

and the Letter to Sister Veronica (collectively, the Copyrighted Works). Among

World Wisdom’s rights are the exclusive rights to use the Copyrighted Works,

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to authorize others to use the Copyrighted Works, to reproduce the

Copyrighted Works, to create derivative works of the Copyrighted Works, and to

distribute the Copyrighted Works.

37. Defendants knew that the Copyrighted Works were protected by

U.S. copyright law, and purposely infringed the copyrights anyway. They did so

for commercial advantage and/or private financial gain, as evidenced by,

among other things, Murray’s email demanding payment to Beacon Books.

Such conduct constitutes criminal copyright infringement under 17 U.S.C.

506(a), which conduct is punishable by 18 U.S.C. § 2319.

38. The Defendants’ unlawful conduct was perpetrated through an

ongoing and structured organization with the purpose of directing harm to the

Plaintiffs and others for financial gain.

39. In particular, and among other things, Beacon Books posted a

video to its YouTube channel roughly six months ago of Maude Murray

discussing Third Wife and the individuals portrayed therein, including Schuon

and Catherine Schuon. Beacon Books then published Murray’s book, which

infringed copyright as discussed above. Beacon Books then pulled the book

from circulation, after which Murray demanded that Fitzgerald pay £10,000 to

Beacon Books within 48 hours, “not asking for receipts or any legal things

such as will cause them more trouble.” Murray also provided Beacon Books’s

sort code and account number and demanded proof of the transfer.

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40. Fitzgerald did not comply with Murray’s demand, and Murray and

Beacon Books intend to publish another edition of Third Wife.

41. The Defendants’ racketeering activity include, without limitation,

multiple willful criminal infringements of copyright as to Points of Reference

and Letter to Sister Veronica in Third Wife. These infringements include

publications of Third Wife in paperback (ISBN: 978-1-912356-57-7), hardback

(ISBN: 978-1-912356-58-4), and eBook (ISBN: 978-1-912356-59-1). A second

edition in these three formats is forthcoming.

42. Each of the acts described above are with the purpose of directing

harm at the Plaintiffs and others for financial gain. According to Maude

Murray, there are print copies of Third Wife “around the world.”

43. Plaintiffs have been directly and proximately caused injury by

reason of Defendants’ violation of 18 U.S.C. § 1962. Accordingly, Plaintiffs are

entitled to recover threefold the damages they have sustained, as well as their

costs of this suit, including reasonable attorneys’ fees, all in accordance with

18 U.S.C. §1964(c).

COUNT II
INFRINGEMENT OF COPYRIGHT (ALL DEFENDANTS)

44. Plaintiffs incorporate by reference the allegations in the preceding

paragraphs as if fully set forth herein.

45. As described, Defendants have violated World Wisdom’s exclusive

rights, and Defendants’ actions constitute direct, contributory, vicarious,

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and/or induced infringement of World Wisdom’s copyright and exclusive rights

under copyright law with respect to the Copyrighted Works.

46. As described, Defendants’ acts of infringement have been willful

and taken in disregard of and with indifference to the rights of World Wisdom’s

copyright and exclusive rights under copyright law with respect to the

Copyrighted Work. Defendants have realized and continue to realize profits,

and Plaintiffs are entitled to damages under 17 U.S.C. §504(b).

47. As a result of Defendants’ infringement of World Wisdom’s

copyright and exclusive rights under copyright law with respect to the

Copyrighted Works, Plaintiffs are further entitled to their attorneys’ fees and

costs under 17 U.S.C. §505.

48. As a result of Defendants’ infringement of World Wisdom’s

copyright and exclusive rights under copyright law with respect to the

Copyrighted Works, Plaintiffs request enhanced and exemplary damages to the

fullest extent permitted under the Copyright Act.

49. The conduct of Defendants is causing and, unless enjoined and

restrained by this Court, will continue to cause World Wisdom great and

irreparable injury that cannot be fully compensated or measured in money.

50. Plaintiffs have no adequate remedy at law.

51. Under 17 U.S.C. §§ 502 and 503, Plaintiffs are entitled to

injunctive relief prohibiting Defendants from further infringing World Wisdom’s

copyrights, and ordering Defendants to destroy all copies of Copyrighted Work

made in violation of World Wisdom’s exclusive rights.

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COUNT III
RIGHT OF PUBLICITY (ALL DEFENDANTS)

52. Plaintiffs incorporate by reference the preceding paragraphs as if

fully set forth herein.

53. Each of the Aggrieved Individuals are “personalities” as defined by

I.C. § 32-36-1-6.

54. Schuon was prominent philosopher, having published many books

on his Perennialist school of thought. He was also a well-regarded painter and

poet.

55. Catherine Schuon was an accomplished author, editor, translator,

and artist. Her works are found in numerous forms of media, including books,

and DVDs.

56. In addition to being an accomplished businessman, Fitzgerald is a

successful published author, editor, and publisher.

57. Fitzgerald is an Indiana resident. Before their passing, Schuon and

Catherine Schuon were also Indiana residents.

58. The Defendants have knowingly used aspects of each of the

Aggrieved Individual’s rights of publicity through the maintenance of Beacon

Books’s YouTube channel and the maintenance of Murray’s Website without

first having obtained previous written consent from Plaintiffs to engage in said

use.

59. The Defendants’ violations of rights of publicity targeted Indiana

residents.

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60. The Aggrieved Individuals’ personal and business reputations have

been and will continue to be harmed by the Defendants unless Defendants are

enjoined from further continued unauthorized use of the rights of their

publicity.

61. No remedy at law is adequate to prevent further violation of the

Aggrieved Individuals’ rights of publicity. Likely for this reason, Indiana statute

provides that an injunction may issue to enjoin violations of the rights of

publicity. Ind. Code § 32-36-1-12.

COUNT IV
BREACH OF CONTRACT (MURRAY)

62. Plaintiffs incorporate by reference the preceding paragraphs as if

fully set forth herein.

63. The Agreement is a valid and enforceable contract between the

Aggrieved Individuals on one hand and Murray on the other.

64. Under the Agreement, Murray was prohibited from disclosing any

information about the Aggrieved Individuals.

65. Murray breached the Agreement by disseminating and publicizing

information concerning and related to one or more of the Aggrieved Individuals

on her website, in a YouTube video, and in Third Wife.

66. As a direct and proximate result of Murray’s breach of the

Agreement, the Aggrieved Individuals have been damaged.

67. Any edition of Third Wife is likely to violate the terms of the

Agreement. As a result, Murray’s conduct entitles Fitzgerald to seek a

preliminary and permanent injunction to prevent Murray from continuing to

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violate the terms of the Agreement, including enjoining the publication of any

edition of Third Wife. In the absence of such an injunction, the Aggrieved

Individuals will continue to suffer irreparable harm for which there is no legal

remedy.

COUNT V
INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS
(BEACON BOOKS)

68. Plaintiffs incorporate by reference the preceding paragraphs as if

fully set forth herein.

69. Under the valid, enforceable contractual Agreement, Murray is

obligated to refrain from disseminating and publicizing information related to

the Aggrieved Individuals.

70. Beacon Books is aware of the valid and enforceable Agreement.

71. However, Beacon Books maintains a page on its website which

contains information about Third Wife including information about the

Aggrieved Individuals. Beacon Books also maintains a YouTube channel and

hosts the video of Murray in which she discloses information about one or

more of the Aggrieved Individuals.

72. As a direct and proximate result of Beacon Books’s interference

with the Agreement, Plaintiffs have been damaged.

*****

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Prayer for Relief

WHEREFORE, Plaintiffs seek judgment in their favor and against

Defendants Maude Murray and Beacon Books on all counts and respectfully

request that the Court enter an Order:

A. Declaring that Defendants infringed Plaintiffs’ copyright in

the Copyrighted Work;

B. Permanently enjoining Defendants, their respective officers,

directors, agents, employees, representatives, attorneys,

related companies, successors, assigns, and all others in

active concert or participation with them from copying

and/or using Plaintiffs’ Copyrighted Works without Plaintiffs’

consent or otherwise infringing Plaintiffs’ copyrights or other

rights in any manner;

C. Permanently enjoining Defendants, their respective officers,

directors, agents, employees, representatives, attorneys,

related companies, successors, assigns, and all others in

active concert or participation with them from using any

aspect of the Aggrieved Individuals’ rights of publicity,

including but not limited to

a. Ordering take down of Murray’s Website;

b. Ordering take down of the YouTube video of Murray on

Beacon Book’s YouTube channel; and

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c. Ordering removal from any Internet or social media

site any information created, posted, shared, or

otherwise distributed by Murray (or anyone on her

behalf) about the Aggrieved Individuals;

D. Permanently enjoining Defendants from disseminating or

facilitating the dissemination of information in violation of

the prior Agreement, including but not limited to

a. Ordering take down of Murray’s Website;

b. Ordering take down of the YouTube video of Murray on

Beacon Book’s YouTube channel; and

c. Ordering removal from any Internet or social media

site any violative information created, posted, shared,

or otherwise distributed by Murray (or anyone on her

behalf);

E. Awarding Plaintiffs actual damages in an amount to be

determined at trial;

F. Awarding Plaintiffs their costs, reasonable attorneys’ fees,

prejudgment interest, post-judgment interest and cost in this

action; and

G. Awarding Plaintiffs such other and further relief, either at

law or in equity, to which Plaintiffs may be entitled.

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Dated: June 18, 2021

Respectfully submitted,

FAEGRE DRINKER BIDDLE & REATH LLP

By: /s/Louis T. Perry

Louis T. Perry, #25736-49
Jason M. Rauch, #34749-49
Elizabeth A. Charles, #36168-49
300 N. Meridian Street, Suite 2500
Indianapolis, IN 46204
Tel: (317) 237-0300
Fax: (317) 237-1000
louis.perry@faegredrinker.com
jason.rauch@faegredrinker.com
elizabeth.charles@faegredrinker.com

Attorneys for Plaintiffs Michael Fitzgerald

and World Wisdom, Inc.

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