Professional Documents
Culture Documents
oath:
1. My name is Christopher Kaiser, djojb July 25, 1970. I live at 209 Dewey Hill
Road, Stowe, Vermont. I own a house located at 264 Allen Road, Porter
3. Jessica and I started the Saratoga Peanut Butter Company out of a shared
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6. During those same years, I developed artwork for labeling and promotions
that included a natural scene, with mountains, blue and green colors, and
7. In 2008, I had a fall out with my girlfriend and partner, and stopped working
8. I met Sharon Bender in 1996, when she came to a gym I owned in Saratoga,
NY. She seemed upset, we talked, and she started crying over personal issues
she was having. I was her physical trainer for a period of time. After meeting
Sharon's son, counseled him regarding the personal issues his mother and I
Christening. I did not meet Dave Bender again until 2008, When I stopped
10. In 2008, after my break-up, Sharon Bender suggested that I start my own
peanut butter company. Sharon also suggested that I approach her husband,
11. In late 2008, I met Dave Bender a second time, and told him the hardships I
had been through. I also shared with Dave my vision for a peanut butter
company that would combine great flavor with nutritious elements such as
added protein. That night, Dave and I talked until late in the evening, as he
wanted to know how much it would cost and what I would have to do in
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assistance. I had just recently selected the name, and Dave liked it.
12. I later visited Dave and showed him artwork that I had created, and brought
a disk with graphics similar to those on the Vermont Peanut Butter Company
13. Dave was convinced that my ex-girlfriend would try to stop me from
suggested that the peanut butter company be in his name so that, "when she
comes looking for you so pissed off [at my success], she will be even more
pissed off," because the company would be in Dave's name and not mine and
14. Dave convinced me that he was just going to loan me money I needed to grow
and Dave was a father figure to me, I trusted him implicitly and believed that
15. Dave and I agreed he would be paid back when the company could afford it,
without interest.
16. Dave told me that the main thing he wanted out of our relationship was to be
able to see me succeed, and be able to say that he knew me and that he
helped.
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17. Dave said it would not be fair for my ex-girlfriend to be able to continue the
business, using some of my ideas, then try to stop me from earning a living
18. Dave was adamant that I should not let my ex-girlfriend "win" by shutting me
pursue my vision and create a great peanut butter company to rival the one
19. Dave suggested that I speak with an attorney to discuss how to protect my
20. At Dave's suggestion, I looked through the Yellow Pages and found an
company.
21. I met with Attorney Dalton in early 2009, and told her my vision of a health-
23. Attorney Dalton advised that it would be too costly to attempt to secure
what you know how to do best- make really great peanut butter."
24. Since I knew I could make a great product, I took Attorney Dalton's advice
and did not pursue protecting the intellectual property rights to any of the
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25. At my second meeting with Attorney Dalton, I brought Dave and Sharon
between us.
26. Attorney Dalton advised that she agreed with Dave that it would be difficult
for my ex-girlfriend to find me if the company were owned by Dave, with the
27. Dave said, "Chris is my friend and he is like a son to me, and I feel bad for
what happened to him, and I don't want anyone suing him or coming after
him." He said, "I want to make this perfectly clear, I am only doing this to
protect Chris; I don't want anybody coming after him and I don't want
28. Attorney Dalton said Dave was a nice guy for helping me out in this way.
29. Dave repeated constantly over the past few years that this was my company,
and he was just an investor. He would say that he did not want to take
anything from me, he was just doing this to help me. He said over and over
again, "I am not trying to take anything from you, this is your company."
Company, Inc. according to the plan that Dave would be the sole shareholder,
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31. When we first started, Attorney Dalton acknowledged that she represented
me first, but that Dave had the money to pay her so she was the company
attorney. I told her that Dave was doing this for me, not for himself.
32. In early 2009, as I was necessarily disclosing more and more information to
Dave about producing my specialty peanut butter blends, I told Dave that I
would like to have something in writing to protect, "my ideas and stuff like
that," so I wouldn't ever have to go through something like I had with my ex-
girlfriend.
33. Dave said, 'Tm going to have Alisa [Dalton] write something up."
protection for me," he said Attorney Dalton was, "working on it" and, 'Tm not
trying to screw you, I'm not trying to screw you." Dave repeatedly said, 'Tm
36. The first batches of peanut butter I made as part of the new venture were
produced in the garage of my house in New York, in July 2009, and sold
under the Vermont Peanut Butter name in the Central Vermont area.
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38. I spoke with Dave about opening a production facility in Vermont, and
although he did not think it mattered where the product was produced he
agreed and we moved the business to Luce Hill Road, Stowe, Vermont.
39. I operated in Stowe from about September 2009 through June 2010, when
40. I moved production to the Waterbury, Vermont facility in June, 2010 and
41. Throughout 2009, 2010 and through to the present, all ofthe flavor
modest salary as President of the company and handled the early finances.
42. All ofthe creative work I put into the Vermont Peanut Butter Company, and
the development of all of the contacts, was done in reliance upon the ongoing
representations by Dave and Sharon that this was my company, they were
investors, and eventually I would pay them back their investment and
43. The reason phone numbers, websites, the post-office boxes, facebook and
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44. I have not kept exact recipes, nor have I kept customer lists, as my contacts
have been derived mostly from the internet or through friends, and my
which are not susceptible to analytic description and therefore have never
46. The artwork that went into the Vermont Peanut Butter Company labels was
47. I then worked with my label designer in early 2009 to finalize the artwork.
48. Dave repeatedly told me: "you are the President, it is your company, act like
about trucking.
49. Dave never participated in mixing peanut butter, and had nothing to do with
51. By the end of 2010, the company was growing very strong, and by March,
52. On April1, 2011 (I remember because I thought it was an April Fool's joke),
Dave and Sharon showed up at the Waterbury facility and told me that they
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53. My girlfriend Bobby convinced Dave that she could do the billing that he did
not have time to do, and we all shook hands and agreed that I could have
more time to find investors and they would immediately forward the
Company.
55. While I was away on vacation, Dave changed the locks at the Vermont Peanut
56. When I returned from vacation, I called Dave and he would not talk to me.
57. I never even thought that Dave would claim ownership over my ideas,
58. I am attaching to this affidavit true and accurate copies of artwork I created
before Dave Bender and I went into business together, and during the
Butter Company, showing the designs, color schemes and concepts are my
own creations.
59. Considering the extreme and offensive allegations Dave has published about
me, and because I have no equipment or space, I lack any reasonable ability
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60. Attached hereto and incorporated herein are the following Exhibits, which
D. Press clippings supporting the fact I was the creator, owner and operator
Affidavit.
G. Emails establishing that Attorney Dalton did not draw a line between her
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~
DATED at Stowe, Vermont this 1.~aay of April, 2011.
Christopher Kaiser
STATE OF VERMONT )
COUNTY OF LAMOILLE ), SS.
n~y
On this of April, 2011, personally appeared Christopher
Kaiser, who was suitably identified, and he did swear under oath to the
following, upon his own free act and deed and his own information,
knowledge and belief, under the penalties and pains of perjury, and that to
the extent same is made upon his belief it so represents his true beliefs.
~---
Notary Public
My Comm. Exp.: 2/10/15
Seal:
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