Filing 7 – DECLARATION of Dale Cendali Description: DECLARATION of Dale Cendali in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit B# 5 Exhibit C)(Cendali, Dale) (Entered: November 5, 2007) Date Filed: November 5, 2007 Justia URL:http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/7/ DISCLAIMER: IANAL. This is not legal advice or analysis. Layman's description: Dale Cendali is a lawyer for the plaintiffs. SVA/RDR planned a book based on the Lexicon websites; WB/JKR believes that infringes on their IP rights & demanded they C&D. Attachments (not available at the Justia website) show cover of book and whatnot, indicating trademark infringement. Warner Bros. Entertainment Inc. et al v. RDR Books et al Doc. 7 Case 1:07-cv-09667-RPP Document 7 Filed 11/05/2007
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
WARNER BROS. ENTERTAINMENT INC. and J.K. ROWLING, Plaintiffs, -against- RDR BOOKS and DOES 1-10, Defendants.
Case No. 07-CV-9667 (RPP) DECLARATION OF DALE CENDALI
I, Dale Cendali, declare and state as follows:
1. I am a partner in the law firm of O'Melveny & Myers LLP, counsel for Warner Brothers Entertainment, Inc. ("Warner Bros.") and J.K. Rowling in this action. Except the facts stated on information and belief, all of the facts set forth herein are known to me personally, and if called as a witness, I could and would testify competently thereto.
2. Since September 18, 2007, acting as counsel for Ms. Rowling and Warner Bros., O'Melveny & Myers LLP made repeated efforts to communicate with Defendant, requesting that Defendant cease and desist plans to publish the book by Steven Vander Ark, entitled The Harry Potter Lexicon (the "Infringing Book") — or at least postpone publication — until the parties had a chance to discuss the situation and to provide Plaintiffs with a copy.
3. Defendant told us that the Wringing Book was a "print version" of Mr. Vander Ark's Harry Potter Lexicon website, located at www.hp-lexicon.org (the "Lexicon Website").
4. The Lexicon Website copies Plaintiffs' copyrighted materials, including, without limitation, stills from Warner Bros.' Harry Potter films, wholesale appropriation of lyrics to songs contained in Ms, Rowling's Harry Potter books as well as detailed plot summaries, lengthy quotes, extensive descriptions of the characters and blatant copying of potions, spells and other "fictional" facts that originated with the Harry Potter series. True and correct copies of illustrative printouts from the Lexicon Website are attached hereto as Exhibit A.
5. Attached hereto as Exhibit B is a copy of the front cover of the Infringing Book as it appears on Defendant's website.
6. Attached hereto as Exhibit C is a copy of Plaintiffs' first Request for Production in connection with this motion for expedited discovery.
7. Upon information and belief, the cover of the Infringing Book will say the words "The Harry Potter Lexicon " in large letters and in a font reminiscent of the one used in other Harry Potter works, without any kind of disclaimer.
8. Upon information and belief, the front cover of the Infringing Book contains numerous indicia from the Harry Potter books and films, including a white owl similar to Harry Potter's owl, Hedwig, and other magical objects in a room that could easily be mistaken for a dormitory in Gryffindor Tower.
9. The subtitle of the Infringing Book says that it is "The most complete and amazing reference to the magical world of Harry Potter."
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 1, 2007, at New York, New York,