Fair Haven Councilman has withdrawn from the race for the Republican nomination for Assembly in the 12th district, according to the Asbury Park Press.
Declan O'Scanlon and Caroline Casagrande are now unopposed for the nomination at the convention.
The Legacy of Thomas Lifson
17 hours ago
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Rastaman (men):
Below you will find the complaint filed against you in the Federal District Court.
Once the Clerk assigns a docket number I will serve you with that as well. At that time you will also receive a copy of a subpoena to Google (parent of blogger) and AOL for your identifying information.
You will have the right to oppose that Subpoena by motion.
See complaint below:
Thomas De Seno, Esq. (TD5304)
De Seno & Kunz, LLP
60 Bangs Avenue
PO Box 500
Asbury Park, NJ 07712-0500
732-869-1500
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
JUSTIFIED RIGHT, LLC, a New Jersey Company, Plaintiff, vs.MONMOUTH RASTAMAN, a fictitious name, to be identified as a real person later, and JOHN DOES 1-10, fictitious names to identified as real people later, Defendant )))))))))))))))))) DOCKET No.: COMPLAINT FOR COPYRIGHT INFRINGEMENT
Plaintiff JUSTIFIED RIGHT, LLC, PO Box 500, Asbury Park, New Jersey 07712 by and through its attorneys, DE SENO & KUNZ, LLC file their complaint against MONMOUTH RASTAMAN, a fictitious name, to be identified as a real person later, and JOHN DOES 1-10, fictitious names to identified as real people later, (collectively “Defendants”), and state and allege as follows:
SUBJECT MATTER JURISDICTION AND VENUE
1. This case is a civil action arising under the Copyright laws of the United States, 17 U.S.C. §§ 101, et seq. This Court has subject matter jurisdiction of this action pursuant to 17 U.S.C. § 501, 28 U.S.C. § 1338(a), and 28 U.S.C. § 1331.
2. Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and 1400(a).
PARTIES AND PERSONAL JURISDICTION
3. JUSTIFIED RIGHT, LLC is a New Jersey Company with its principal place of business in Asbury Park, New Jersey.
4. Defendant MONMOUTH RASTAMAN, a fictitious name, to be identified as a real person later, and JOHN DOES 1-10, fictitious names to identified as real people later, (collectively “Defendants”), are individuals located in Monmouth County, New Jersey operating a website in Monmouth County, New Jersey known as www.monmouthrastaman.blogspot.com.
The true names and capacities, whether individual, corporate, or otherwise, of the Defendants sued as Does 1 through 10 are unknown to Plaintiffs, who, therefore, sue them by such fictitious names. At such time as their true names and capacities have been ascertained, Plaintiffs will seek leave of Court to amend this Complaint accordingly. On information and belief, Plaintiffs allege that each of Does 1 through 10 was the agent, representative, or employee of each of the other Defendants and was acting at all times within the scope of his/her agency or representative capacity, with the knowledge and consent of the other Defendants, and that each of Does 1 through 10 are liable to Plaintiffs in connection with one or more of the claims sued upon here and are responsible in some manner for the wrongful acts and conduct alleged here.
PERSONAL LIABILITY OF DEFENDANTS
5. Each individual posting on the website www.mnmouthrastaman.blogspot.com acted as the agent of Defendant website owner and is individually liable for the infringing activities described herein.
6. At all relevant times the owner of the Defendant website personally participated in and/or had the ability and right to supervise, direct, and control the infringing activities alleged in this Complaint.
7. Defendant owner of the Website and the individual defendants who posted on the website derived direct financial benefits from the infringing activities alleged in this Complaint.
GENERAL ALLEGATIONS
8. Plaintiff Justified Right, LLC is in the business of journalism and entertainment by way of running a web log at www.justifiedright.com. All matters that appear on that website are copyrighted material by way of being recorded and published in a fixed medium, namely on the World Wide Web.
9. Plaintiff Justified Right, LLC trades off the reputation of the web master, Thomas De Seno, Esq., who makes a substantial investment of time, effort, and expense in the design, development and publication of news and entertainment journalism on the website. The value of the website and the materials thereon are directly affected by the reputation and integrity of the webmaster.
THE BUSINESS OF JUSTIFIED RIGHT, LLC
10. Justified Right, LLC is in the business of designing, developing, promoting, advertising, marketing, distributing and publishing works of journalism and entertainment on the website www.justifiedright.com. Plaintiff’s copyrighted works appearing on the website include:
a) Photographs;
b) News reports;
c) Opinion columns;
d) Parodies;
e) Satire;
f) Video;
g) Polls
h) Entertainment pieces;
i) Other journalistic and entertainment materials.
11. The works of journalism and entertainment are copyrightable subject matter under the laws of the United States.
12. At all times herein relevant, Justified Right, LLC complied in all respects with the Copyright Act, 17 U.S.C. §§ 101, et seq., and secured the exclusive rights and privileged in and to the copyrights in the works that appear on www.justifiedright.com. Each of the aforementioned works is an original work, copyrightable under the Copyright Act, and each work has been copyrighted in full compliance with the Copyright Act by way of publication in a fixed medium.
13. Since the dates of their respective publications, plaintiff has maintained them in the fixed medium of the website in conformity with the provisions of the Copyright Act, 17 U.S.C. §§ 101, et seq. Plaintiff has thereby fully maintained the validity of its copyrights in these works.
14. Since the creation of the works of journalism and entertainment that appear on the website, Plaintiff has been and still is the sole proprietor of all rights, titles, and interests in and to the copyrights of same.
15. Plaintiff has not authorized Defendant to copy, reproduce, manufacture, duplicate, disseminate, or distribute the works of Justified Right, LLC on their website.
THE BUSINESS OF DEFENDANTS
16. Plaintiff is informed and believes and thereon alleges that Defendants are individuals whose sole purpose is to defame, harass humiliate, taunt and disparage members of the Monmouth County Republican Organization, as well as website owners and operators who are committed to journalism with a politically conservative point of view, by posting pseudonymously (and therefore in a most cowardly fashion) on the website www.monmouthrastaman.blogspot.com.
17. Plaintiff is informed and believes and thereon alleges that Defendants, in the conduct of their website, utilizes personal computers, and computers owned by the County of Monmouth, to commit illegal acts of defamation against a variety of people, and in the process pirate copyrighted material from other websites while doing so. Plaintiff is informed and believes and thereon alleges that Defendants have engaged in the unauthorized reproduction and use of Justified Right, LLC protected material on these personal computers and/or network server(s) in furtherance of Defendants’ goals of illegal defamation of others and copyright infringement.
These acts of copyright infringement against the Plaintiff include but are not limited to:
a. The February 24, 2007 post found at http://monmouthrastaman.blogspot.com/2007/02/bring-it-tom-deseno-esq.html;
b. The March 03, 2007 post found at http://monmouthrastaman.blogspot.com/2007/03/is-it-curtains-for-monmouth-rastaman.html;
c. The March 05, 2007 post found at http://monmouthrastaman.blogspot.com/2007/03/pic-of-week.html;
d. The renaming and storing of the copyrighted image of Thomas De Seno, Esq. at the image shack account of the owner of www.monmouthrastaman.blogspot.com, specifically at http://img155.imageshack.us/img155/1811/dsc00278ob0.jpg.
CAUSE OF ACTION
(Copyright Infringement)
18. Plaintiff realleges and incorporates by reference herein each of the allegations contained in Paragraphs 1 through 17 of this Complaint as though fully set forth.
19. Defendants’ acts constitute infringement of Plaintiff’s copyrights in violation of the Copyright Act, 17 U.S.C. §§ 101, et seq.
20. Plaintiff is informed and believes and thereon alleges that Defendants’ reproduction of the Justified Right, LLC copyrighted material was deliberate, willful, malicious, oppressive, and without regard to Plaintiff’s proprietary rights.
21. Defendants’ copyright infringement has caused, and will continue to cause, Plaintiff to suffer substantial injuries, loss, and damage to its proprietary and exclusive rights to the copyrights in the journalistic and entertainment products produced by Plaintiff and further, has damaged Plaintiff’s business reputations and goodwill, diverted its trade, and caused a loss of profits, all in an amount yet ascertained.
22. Defendants’ copyright infringement, and the threat of continuing infringement, has caused, and will continue to cause, Plaintiff repeated and irreparable injury. It would be difficult to ascertain the amount of money damages that would afford Plaintiff adequate relief at law for Defendants’ acts and continuing acts, and a multiplicity of judicial proceedings would be required. Plaintiffs’ remedy at law is not adequate to compensate them for the injuries already inflicted and further threatened by Defendants. Therefore, Defendants should be restrained and enjoined pursuant to the Copyright Act, 17 U.S.C. §§ 101, et seq.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray as follows:
23. That the Court issue a Temporary Restraining Order enjoining and restraining Defendant and its respective agents, servants, employees, successors and assigns, and all other persons acting in concert with or in conspiracy with or affiliated with Defendant, from:
(a) Erasing, deleting, altering or destroying infringing copies of copyrighted material of Plaintiff that are in the possession of Defendants or installed on Defendants’ computers and network server(s); and
(b) Destroying any documents, electronic files or business records that pertain to the copying, reproduction, duplication, dissemination, or distribution of any infringing copies of material authored by Plaintiff or under Plaintiff’s authority.
24. That the court issues a Preliminary Injunction:
(a) in accordance with the order requested in Paragraph 23 above; and
(b) enjoining and restraining Defendants and their respective agents, servants, employees, successors, and assigns, and all other persons acting in concert with or in conspiracy with or affiliated with Defendants from reproducing, copying, manufacturing, duplicating, disseminating, distributing or using any unauthorized copies of material authored by Plaintiff or under Plaintiff’s authority.
25. That the Court issues a Permanent Injunction making permanent the orders
requested in Paragraph 24(b) above.
26. That the Court issue an order requiring Defendant to show cause why,
pending Trial on the merits, it should not be preliminarily enjoined from copying,
reproducing, manufacturing, duplicating, disseminating, distributing, and using infringing
copies of copyrighted material authored by Plaintiff or under Plaintiff’s authority.
27. That the Court issues an Order permitting accelerated pre-trial discovery
within three (3) business days.
28. That Plaintiffs be awarded damages for Defendants’ copyright infringement
either: (i) actual damages in an amount to be determined at trial, together with Defendants’
profits derived from its unlawful infringement in an amount provided by law, as set forth in
17 U.S.C. §504, at Plaintiff’s election before the entry of a final judgment, together with
prejudgment and post-judgment interest.
29. That the Court issue an order requiring Defendants to file with this Court and
serve on Plaintiff within thirty (30) days after service of an injunction a report, in writing,
under oath, setting forth in detail the manner and form in which Defendants have complied
with the injunction.
30. That the Court issue an order requiring Defendants to destroy all infringing
copies of the Plaintiffs’ copyrighted material at the conclusion of the present matter.
31. That the Court award Plaintiff its reasonable attorney’s fees pursuant to 17
U.S.C. § 505.
32. That the Court award Plaintiff its costs of suit incurred herein.
33. That the Court grant Plaintiff such other and further relief as t deems just
and equitable.
LOCAL RULE 11.2 CERTIFICATION
I certify the matter in controversy is not the subject of any other action pending in any court, or of any pending arbitration or administrative proceeding. I certify this statement made by me is true and know that if any statement made by me is willfully false I am subject to punishment.
Dated this 6th day of March, 2007
Respectfully Submitted,
By:
Thomas De Seno, Esq.De Seno & Kunz, LLP601 Bangs Ave., 8th FloorAsbury Park, NJ 07712732-869-1500Attorneys for Plaintiff
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