Professional Documents
Culture Documents
Document 8-1
Filed 05/23/2006
Page 1 of 18
Plaintiff Icke is a well known author who resides in the United Kingdom and has
written numerous books that have been printed in the United States and distributed and sold
throughout the United States and United Kingdom. In 1998, Icke and Defendant Royal Adams
(Adams) entered into an oral agreement whereby Adams would arrange for the printing,
distribution and sale of Ickes books in the United States. Pursuant to their agreement, Icke was
to be paid seventy-five percent (75%) of the net profits derived from the sale of his books, with
the remaining twenty-five percent (25%) to be paid to Adams. At all relevant times, Icke retained
the copyrights and all exclusive worldwide ownership rights to his books.
888107v1
Case 4:06-cv-00685-ERW
2.
Document 8-1
Filed 05/23/2006
Page 2 of 18
Recently, after a review of certain records for the first ten months of 2005, Icke
learned that Adams had not been properly accounting for the revenues derived from Ickes books
and had not been paying Icke his full 75% of net profits, as required by their agreement. Icke
thereafter repeatedly demanded an opportunity to review Adams books and records, and was
repeatedly ignored. Then, in March 2006, Adams ceased making any payments to Icke, claiming
he had exclusive rights to Ickes books.
3.
Accordingly, by letter dated April 10, 2006, Icke terminated the agreement and
directed that Adams, and any entity affiliated with or owned by him, cease and desist from
further exploitation of the books, including the printing and distribution of the books for sale to
the public. Upon information and belief Adams has disregarded Ickes termination of the
agreement, is continuing to sell Ickes books, and is retaining 100% of the profits.
4.
By this action Icke seeks (i) a declaration that the agreement with Adams is
terminated effective April 10, 2006, (ii) an order permanently enjoining Adams from engaging in
activities related to printing, distributing or selling Ickes books, (iii) damages based upon
Adams failure to pay amounts due to Icke, (iv) damages and injunctive relief based upon
Adams infringement upon Ickes copyrighted materials, and (v) an accounting.
PARTIES
5.
185A High Street, Ryde, Isle of Wight, United Kingdom PO33 2PN. BOL UK distributes Ickes
books throughout Europe and through a website owned and operated by BOL UK.
888107v1
Case 4:06-cv-00685-ERW
7.
Document 8-1
Filed 05/23/2006
Page 3 of 18
is domiciled in and a citizen of the State of Missouri and who maintains his principal place of
business at 1825 Shiloh Valley Drive, Chesterfield, Missouri 63005.
8.
name registered to Royal Adams and maintains its principal place of business at 1825 Shiloh
Valley Drive, Chesterfield, Missouri 63005. As such it is a citizen of the State of Missouri.
9.
Personnel) is a Missouri corporation, which has been Administratively Dissolved by the State of
Missouri, Secretary of State on August 18, 1998, and maintains its principal place of business at
1825 Shiloh Valley Drive, Chesterfield, Missouri 63005. As such it is a citizen of the State of
Missouri.
Defendants.
JURISDICTION AND VENUE
10.
This is a civil action seeking (i) declaratory relief under the Declaratory Judgment
Act, 28 U.S.C. 2201, (ii) injunctive and monetary relief for infringement and violation of the
copyright laws of the United States, 17 U.S.C. 101, et seq., (iii) accounting, (iv) monetary
relief for breach of contract, unjust enrichment, conversion, breach of an implied covenant of
good faith and tortious interference. The Court has jurisdiction over the subject matter of this
action pursuant to 28 U.S.C. 2201, 2202, 1331, 1332(a) and 1338(a).
11.
This Court has personal jurisdiction over each of the Defendants because
Defendants do business and maintain an office in this State and in this District.
12.
Venue is properly in this District pursuant to 28 U.S.C. 1391(b) and (c) as well
as 1400(a).
888107v1
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 4 of 18
Icke is the author of numerous published books and is the exclusive worldwide
copyright owner and/or owner of all of the exclusive rights related to such books. The following
books authored by Icke were printed and/or distributed in the United States and are at issue in
this action: Alice In Wonderland And The World Trade Center Disaster; And The Truth Shall
Set You Free; And The Truth Shall Set You Free 21st Century Edition; The Biggest Secret;
Children Of The Matrix; Tales From The Time Loop; I Am Me I Am Free; Infinite Love Is The
Only Truth Etc. (collectively referred to hereinafter as the Works).
14.
Certificates of Copyright Registration have been applied for and/or received from
the Register of Copyrights for the respective Works. Under Section 106 of the Copyright Act,
Plaintiff has the exclusive right to do and to authorize any of the following: (1) to reproduce the
[Works] in copies or phonorecords; (2) to prepare derivative works based upon the [Works];
(3) to distribute copies or phonorecords of the [Works] to the public; (4) to perform the
[Works] publicly and (5)to display the [Works] publicly. The Works are the subject of
Certificates of Copyright Registration issued by the Register of Copyrights on the dates indicated
herein and bearing the following registration numbers:
Name:
Registration Number
Date of Issuance
TX 6-327-286
May 1, 2006
I Am Me, I Am Free
TX 6-327-220
May 1, 2006
TX 6-327-282
May 1, 2006
TX 6-327-281
May 1, 2006
TX 6-327-287
May 1, 2006
888107v1
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 5 of 18
TX 6-327-284
May 1, 2006
TX 6-327-285
May 1, 2006
TX 6-327-283
May 1, 2006
Copies of the registrations for the Works are annexed hereto as Exhibit A.
15.
In all respects, the laws of the United States and all other laws governing
copyright have been complied with as respects the Works, and Icke has secured the rights and
privileges under the copyrights of the Works.
The Agreement
16.
authors in securing printing and distribution services for their books. In 1998, Icke met Adams
at a conference where Icke had been discussing topics and issues addressed in some of his
Works. At that time, Icke had not published any of the Works in the United States. Adams
approached Icke and identified himself as someone who could assist Icke with the printing and
distribution of the Works within the United States.
17.
Later that year, Icke and Adams entered into an oral agreement whereby Adams
was to arrange printing and distribution services for Ickes Works (the Agreement) in the
United States. Pursuant to the Agreement, Icke was to be paid seventy-five percent (75%) of the
net profits derived from the sale of the Works, with the remaining twenty-five percent (25%) to
be paid to Adams. Consistent with the terms of the Agreement, Adams subsequently arranged
for Patterson Printing (Patterson) to print copies of the Works and Bookworld Companies
(Bookworld) to distribute the Works on Ickes behalf.
888107v1
Case 4:06-cv-00685-ERW
18.
Document 8-1
Filed 05/23/2006
Page 6 of 18
After consummating the Agreement, Icke and BOL UK undertook all activities
necessary to bring a new book to print. Specifically, Icke and BOL UK performed and paid for
all writing, researching, editing, proofreading, artwork creation, book design and indexing of
Ickes books and delivered direct to the printer a disc containing the final version of the books in
a format ready for printing. Adams had no input whatsoever with respect to this process and his
sole responsibility was to arrange for the printing of the books using the materials created,
provided and paid for by Icke and BOL UK and to arrange for the distribution of the books in the
United States.
19.
Moreover, in 1998 Icke paid for the initial printing of his Works by allowing
Adams to retain Ickes 75% share of profits until such costs were recouped by Adams. At all
times thereafter, the printing costs for all books have been paid out of the revenue generated
from the sale of the Works.
20.
BOL UK is responsible for the distribution and sale of the Works throughout
Europe and through a website owned and operated by BOL UK. Given that printing costs are
less expensive in the United States than in the United Kingdom, all printing for Ickes books was
done in the United States by Patterson. The expense of securing an inventory in the United
Kingdom for distribution by BOL UK (including costs or purchasing and shipping the inventory)
was incurred solely by me, and did not involve the Defendants in any way.
21.
Website orders for the Works were placed by BOL UK directly with Bookworld,
the distributor of the Works. Bookworld filled website orders directly and invoiced BOL UK for
20% of the cover price of the books with shipping paid by the customer. When the full cost of
the book plus shipping was received by BOL UK from the customer, BOL UK remitted all
888107v1
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 7 of 18
invoiced amounts to Bookworld. The distribution of Works via internet sales did not involve the
Defendants in any way.
22.
Upon information and belief, at some point after Icke and Adams entered into the
Agreement, Adams registered Defendant BOL as a fictitious name without the permission or
consent from Icke and has been engaging in the printing, distribution and sale of the Works
through these entities without Ickes consent.
23.
Upon information and belief, BOL is a fictitious name registered to Adams, and
Upon information and belief, Adams is the sole shareholder and owner of Royal
Personnel.
25.
The Agreement did not transfer any right, title or interest in or to any of the
Works to Adams or any of the Defendants, but merely permitted Adams to act as an agent to
arrange for the printing and distribution of the Works.
26.
Section 204 of the Copyright Act provides that [a] transfer of copyright
ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a
note or memorandum of the transfer, is in writing and signed by the owner of the rights
conveyed. Icke has not executed any document effecting transfer of rights to Adams or any
entity affiliated with him, including Defendants.
27.
At all relevant times, it was the intent and understanding of Icke and Adams that
all rights relating to the Works would be owned by Icke, and that Defendants, or any entity
affiliated with or owned by Adams, would have no ownership rights to the Works.
888107v1
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 8 of 18
In mid-2005, Icke requested that Defendants supply to him for review the books
and records related to the printing and distribution of the Works, and the revenues derived there
from, throughout the term of the Agreement. Based upon a limited review by Ickes accountant
of certain books and records for the first ten months of 2005, Icke learned that Adams had not
been remitting to Icke the full 75% of net profits to which he was entitled. When Icke requested
an opportunity to review all of the books and records related to the printing and distribution of
the Works from the inception of the Agreement, Adams refused to provide Icke with access to
the books and records for the years through and including 2004. Moreover, upon information
and belief, Adams contacted the printer and distributor of Ickes Works and instructed them not
to provide Icke with the requested information.
29.
Then, on or about March 15, 2006, Adams advised Icke that he will no longer
remit to Icke any monies derived from the sale of the Works. Furthermore, Adams claimed that
he was the exclusive publisher of the Works and can continue to print and distribute the Works
as well as copy and print any new books authored by Icke. Since that time, Adams has
improperly withheld the entire 75% share due Icke, claiming that he (and/or BOL or Royal
Personnel) have exclusive rights in and to Ickes Works.
The Notice of Termination
30.
By letter dated April 10, 2006, Icke terminated the Agreement (the Notice of
888107v1
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 9 of 18
immediately provide Ickes counsel with copies of all books and records related to the printing,
distribution and sales of the Works in the United States from 1998 to the present; (3) remit to
Ickes counsel a check, payable to David Icke, in the amount equal to 75% of net profits derived
from the Works since March 2006; and (4) deliver to Ickes counsel all remaining inventory of
the Works.
31.
Defendants did not respond to the Notice of Termination until April 24, 2006,
when Defendants attorney, Robert Cox, Esq., contacted Ickes counsel and reiterated that
Defendants intend to continue selling the Works, notwithstanding the Notice of Termination and
Ickes clear right to determine who may print, distribute and sell his Works. Upon information
and belief, Defendants are continuing to distribute and sell the Works without Ickes
authorization or consent.
32.
and continue to be irreparably harmed in that Ickes income has been severely compromised and
rendered him unable to continue to finance research on additional books which he wishes to
author. Additionally, the Defendants improper wresting of control of the Works from Icke has
caused him irreparable harm in that he cannot control the printing, distribution and sale of the
Works to the general public.
33.
Furthermore, by letters dated April 24, 2006, Icke notified Patterson and
Bookworld of the termination of the Agreement and demanded that all printing and distribution
of the Works immediately cease. Bookworld continues to sell Ickes Works on its company
website despite Ickes direction that they cease from doing so. Similarly, in an April 26, 2006
letter to Ickes counsel, Patterson stated that it recognized Adams as the owner of the Works and
refused to return computer discs and other materials relating to the Works to Icke. By continuing
888107v1
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 10 of 18
to print and distribute the Works, notwithstanding the Notice of Termination, and by failing to
return all materials relating to the Works to Icke and to remit monies owed to Icke resulting from
the sale of the Works, Bookworld and Patterson have also irreparably harmed Plaintiffs in that
Icke cannot control the printing, distribution and sale of the Works to the general public.
FIRST CAUSE OF ACTION
(Declaratory Judgment)
34.
Icke is the exclusive worldwide owner of all right, title and interest in and to the
36.
Pursuant to the Agreement, Adams had the right to print and distribute the Works
Works.
The Agreement, and any relationship between Icke and Adams (or any entity
As set forth herein above, during the term of the Agreement, Defendants engaged
Upon information and belief, at all times since the Notice of Termination,
Defendants have continued to engage in the printing, distribution and sale of the Works without
Plaintiffs authorization or consent.
41.
to the Notice of Termination, Defendants have taken the position that the Agreement has not
888107v1
10
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 11 of 18
been terminated and that Defendants, or some entity affiliated with or owned by Adams, are
entitled to continue to act as the exclusive publisher of the Works.
42.
justiciable controversy between Icke and the Defendants with respect to the termination of the
Agreement and as Defendants right to exploit the Works.
43.
For the reasons set forth herein, this Court should declare and adjudge that: (i) the
Agreement has been terminated, effective April 10, 2006, (ii) Plaintiff is the owner of all right,
title and interest in and to the Works, and (iii) Defendants, or any other entity affiliated or owned
by Adams, have no rights in and to the Works and cannot engage in any printing, distribution or
sales activities related to the Works.
SECOND CAUSE OF ACTION
(Copyright Infringement)
44.
Under Sections 106, 114, 115 and 201(a) of the Copyright Act, Icke has the
exclusive right, among other things, to authorize reproduction of the Works, the preparation of
derivative works based upon the Works, and the distribution and sale of the Works to the public.
46.
subsequent to the Notice of Termination constitutes infringement of Ickes exclusive rights under
Section 106 of the Copyright Act.
47.
At all times since the Notice of Termination, Defendants have willfully and with
full knowledge of Ickes copyrights made infringing reproductions of the Works, and offered the
reproductions for sale to the general public.
888107v1
11
Case 4:06-cv-00685-ERW
48.
Document 8-1
Filed 05/23/2006
Page 12 of 18
As a result of Defendants unauthorized use of Ickes Works, Icke has been and
Defendants, Icke is entitled to actual damages and profits under Section 504 of the Copyright Act
in an amount to be determined at trial.
50.
Defendants, Icke is entitled to statutory damages under Section 504 of the Copyright Act in an
amount to be determined at trial.
51.
Defendants, Icke is entitled to attorneys fees and the costs of this action under Section 505 of
the Copyright Act.
52.
Defendants, Icke is entitled to the immediate return of all computer discs and other materials
relating to the Works in the possession of Defendants and/or their agents Patterson and
Bookworld.
THIRD CAUSE OF ACTION
(Breach of Contract)
53.
From 1998 through April 10, 2006, Icke performed all obligations pursuant to the
Agreement.
55.
Defendants breached the Agreement by, among other things: (i) from 1998 to the
present, failing to remit to Plaintiff his full 75% of the net profits derived from the sale of Ickes
888107v1
12
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 13 of 18
Works, and (ii) as of March 2006, failing and refusing to make any payments to Icke pursuant to
the Agreement.
56.
Defendants refusal to remit to Icke the appropriate share of net profits derived
As a result of Defendants breach of the Agreement, Icke has been and continues
benefited from the monies collected by Defendants from the sale of the Works and failed to remit
to Plaintiff the full 75% of net profits to which Icke was entitled.
60.
At all times since March 2006, Defendants have failed and refused to pay Icke the
By failing to pay Icke the full 75% of net profits to which he was entitled, and by
refusing to pay any amounts due to Icke since March 2006, Defendants have been unjustly
enriched in an amount to be determined at trial.
FIFTH CAUSE OF ACTION
(Conversion)
62.
At all relevant times, Icke remained the sole owner of all rights in and to the
Works and was entitled to 75% of all net profits derived from the sale of the Works.
888107v1
13
Case 4:06-cv-00685-ERW
64.
Document 8-1
Filed 05/23/2006
Page 14 of 18
The 75% share of net profits due Icke pursuant to the terms of the Agreement are
By (i) failing to pay Icke pursuant to the terms of the Agreement his full 75%
share of the net profits, and (ii) as of March 2006, failing and refusing to pay to Icke any monies
due pursuant to the Agreement, Defendants have converted Ickes 75% share of the net profits to
their own use.
66.
Defendants refusal to remit to Icke all amounts due to him is willful and
malicious, without any legal basis and done with the intent to harm Icke.
67.
determined at trial.
SIXTH CAUSE OF ACTION
(Breach of the Covenant of Good Faith and Fair Dealing)
68.
Implied in the Agreement was a covenant of good faith and fair dealing, whereby
Adams was to provide publishing services for the benefit of Icke and was not to exploit Ickes
Works in any unauthorized manner or without compensation to Icke.
70.
good faith and fair dealing by failing to remit to Icke the full 75% share of net profits to which he
was entitled.
71.
Since March 2006, Defendants breached the covenant of good faith and fair
dealing by exploiting Ickes Works through the painting and distribution of the Works, while
refusing to pay to Icke any potion of his 75% share of the net profits.
888107v1
14
Case 4:06-cv-00685-ERW
72.
Document 8-1
Filed 05/23/2006
Page 15 of 18
As a result of Ickes breaches of the covenant of good faith and fair dealing, Icke
Defendants pursuant to the Agreement which were derived from the printing and distribution of
Ickes Works, Defendants have failed to provide Icke with such information.
75.
all books and records of Defendants related to the Agreement and/or the printing and distribution
of the Works.
AS AND FOR AN EIGHT CAUSE OF ACTION
(Permanent Injunction)
76.
including Adams rights to print and distribute the Works and to receive revenues and net profits
derived from these services.
78.
printing and distribution of the Works without Ickes consent and to receive revenues and net
profits derived from these services.
888107v1
15
Case 4:06-cv-00685-ERW
79.
Document 8-1
Filed 05/23/2006
Page 16 of 18
(i) engaging in any activities related to the Works, receiving any revenues and net profits with
respect to the Works, and (iii) exploiting the Works in any manner.
AS AND FOR A NINTH CAUSE OF ACTION
(Tortious Interference with Economic
Advantage and/or Business Relations)
80.
Plaintiffs detriment with Plaintiffs business and business relations with its customers by
instructing Bookworld not to fulfill orders for books placed by Bridge of Love UK and Bridge of
Love UKs website.
82.
These acts were committed without justification and with the intent to injure
Plaintiffs business.
83.
As a result of the Adams actions, Plaintiffs have suffered and seek compensatory
fulfillment of orders placed through Bridge of Love UK, Adams, without justification,
maliciously and intentionally interfered with that agreement when he instructed Bookworld to
not fulfill any orders for books placed by or through Bridge of Love UK or Bridge of Love UKs
888107v1
16
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 17 of 18
website. These acts were committed with intent to injure Plaintiffs business and have injured
Plaintiffs business.
86.
As a result of Adams actions, Plaintiffs have suffered and seek compensatory and
888107v1
A.
On the First Cause of Action: declaring and adjudging that (i) the Agreement
between David Icke and Adams has been terminated effective April 10, 2006,
(ii) that Icke is the owner of all right, title and interest in and to the Works, and
(iii) that Defendants, or any other entity affiliated or owned by Adams, have no
right or interest in and to the Works;
B.
C.
On the Third Cause of Action: (i) awarding actual damages suffered by Icke as a
result of Defendants breaches of the Agreement; and
D.
On the Fourth, Fifth and Sixth Causes of Action: (i) awarding actual damages
suffered by Icke as a result of Defendants failure to properly remit Ickes
seventy-five percent share of net profits for March 2006 and improper
withholding of monies due to Icke since the inception of the Agreement; and
E.
F.
G.
17
Case 4:06-cv-00685-ERW
Document 8-1
Filed 05/23/2006
Page 18 of 18
H.
I.
J.
Awarding such other and further relief as this Court deems just and proper.
Respectfully submitted,
888107v1
18