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Todd Dotson’s lawsuit against Russ Whitney 4

72. As incentive and consideration for Dotson permitting the Whitney
Defendants to use his work of authorship as set out above, Whitney agreed to
provide promotional information for Todd Dotson in the book and to provide
attribution to him, which would be of substantial value to Dotson.
73. Before the book was published, the parties had a falling out and were
engaged in the litigation described above in the 153rd District Court of
Tyrant County culminating in the Settlement Agreement. Prior to the
publication of the book, Defendants made it apparent that they would not
include in the finished work, the promotional information for Todd Dotson as
promised. As a result, Dotson withdrew his permission for Defendants to use
his copyrighted work on "Wholesaling Houses for Quick Cash," or any
derivatives.
74. Nevertheless, in 2003, WEG, WLG and Whitney published a book entitled
Millionaire Real Estate Mentor, The Secrets to Financial Freedom Through
Real Estate Investing (the "Book") purportedly authored by Russ Whitney and
his "Wealth Team." WLG claims the copyright covering the entire Book.
Chapter 4 of the Book, as seen on its face, clearly is derived from Todd
Dotson's copyrighted "Wholesaling Houses for Quick Cash" described above,
without any authority from, attribution to or promotional material relating
to Todd Dotson.

COUNT 1 -BREACH OF CONTRACT

75. Plaintiffs re-allege and incorporate by reference here, each of the
facts and allegations contained in paragraph numbers 1-73 of this Complaint.
76. Plaintiffs have performed their obligations under the Settlement
Agreement.
77. The Settling Defendants breached the Settlement Agreement.
78. Specifically, the Settling Defendants have breached paragraph 1 of the
Agreement by failing to recognize Plaintiffs' protected copyrighted works,
and by making and using derivative works of same.
79. As a result of the breach of the Settlement Agreement by the Settling
Defendants, Plaintiffs have suffered damages, including but not limited to,
lost profits, damage to good will, and lost market opportunities. Plaintiffs
also seek an accounting to determine the actual amount of their damages.
80. In addition, pursuant to Section 38.001 of the Texas Civil Practice and
Remedies Code Plaintiffs are entitled to recovertheir reasonable and
necessary attorney's fees from Defendants for breach of the Settlement
Agreement for which they now sue.

COUNT 2 - COPYRIGHT INFRINGEMENT AS TO DOTSON MANUALS

81. Plaintiffs re-allege and incorporate by reference here, each of the
facts and allegations contained in paragraph numbers 1-80 of this Complaint.
82. Defendant WEG and the Mentor Defendants have infringed the copyrights in
the Dotson Manuals and made derivative works of same without authorization.
83. Defendants' actions have resulted in economic injury to Plaintiffs for
which they seek equitable and monetary relief in this Court. Plaintiffs are
entitled to recover damages, including but not limited to lost profits,
damage to goodwill, and lost market opportunities for copies of, or
derivative works based upon that work sustained as a result of Defendants
infringements. They are further entitled to entry of an injunction
prohibiting further infringement or use of the infringing works by
Defendants.
84. Defendants' acts have also resulted in the necessity of hiring counsel
by Plaintiffs in order to pursue this claim and have resulted in and/or will
continue to result in legal fees and costs associated with the prosecution
of this claim, which Defendants should pay.

COUNT 3 - COPYRIGHT INFRINGEMENT AS TO WHOLESALING HOUSES FOR QUICK CASH

85. Plaintiffs re-allege and incorporate by reference here, each of the
facts and allegations contained in paragraph numbers 1-84 of this Complaint.
86. Defendants, Russ Whitney and WLG have infringed Todd Dotson's
copyrighted work "Wholesaling Houses for Quick Cash" attached as Exhibit
"D". Specifically, Defendants have made a derivative work of Todd Dotson's
work and infringed on his copyright in that work.
87. Defendants actions have resulted in economic injury to Todd Dotson, for
which he seeks equitable and monetary relief in this Court. He is entitled
to recover damages, including but not limited to lost profits, damage to
goodwill, and lost market opportunities for copies of, or derivative works
based upon that work sustained as a result of Defendants infringements.
Plaintiffs are further entitled to entry of an injunction prohibiting
further infringement or use of infringing works by Defendants of any
copyrighted works owned by Plaintiffs.
88. Defendants' acts have also resulted in the necessity of hiring counsel
in order to pursue this claim and have resulted in and/or will continue to
result in legal fees and costs associated with the prosecution of this claim
or use of the infringing works.

COUNT 4 - UNFAIR COMPETITION

Reverse Palming Off and Unfair Competition

89. Plaintiffs re-allege and incorporate by reference here, each of the
facts and allegations contained in paragraph numbers 1-88 of this Complaint.
90. Using Plaintiffs' copyrighted material from the Dotson Manuals in
Defendants' seminar materials, among other things, and using Todd Dotson's
copyrighted materials in the Book, all without properly attributing the work
to Plaintiffs or Todd Dotson, and in fact, falsely claiming Russ Whitney
and/or his "team" actually authored the works, constitute reverse palming
off and/or unfair competition under federal law.
91. More specifically, Defendants have made false designations of origin,
false or misleading descriptions of fact, and/or false or misleading
representations of fact likely to, and actually, cause confusion, or
mistake, or to deceive as to affiliation, connection, or association of such
person(s) with another person, Dotson, or as to the origin, sponsorship, or
approval of his or her goods, services, or commercial activities by or
regarding Plaintiffs and/or have in commercial advertising or promotion,
misrepresented the nature, characteristics, qualities, or origin of one's or
another's goods, services, or commercial activities under 15 U.S.C.. §
1125(a)(1).
92. Further and/or in the alternative, Defendants (each and/or every, and/or
in some several combination or conspiracy), have also or alternatively
engaged in reverse palming off and other unfair competition, by using the
Book in seminars, and by suggesting it, including Chapter 4, was authored by
someone other than Dotson.
93. On information and belief, Defendants' actions were conducted in an
effort to trade upon Plaintiffs' goodwill, and in an effort to divert
business to themselves instead of Plaintiffs through confusion, mistake,
and/or deception of the purchasing public.
94. These violations by Defendants are continuing in nature and proximately
cause ongoing harm and damages, though those damages are difficult to
calculate.
95. Plaintiffs will be irreparably harmed if the violations of Defendants
are permitted to continue unabated during the pendency of this litigation.
Particularly, but without limitation, Plaintiffs anticipate loss of sales,
profits, and current and prospective customers; interference with the
conduct of its business; injury to reputation and goodwill.
96. Plaintiffs seek issuance by the Court of an injunction on appropriate
terms, as supported by evidence, pursuant to 15 U.S.C.. §§ 1125(a)(1) &
1116, among other things.
97. Further and/or in the alternative, Plaintiffs seek recovery of its lost
profits, Defendants' profits, damages sustained by Plaintiff, costs of the
action, treble damages, reasonable and necessary attorneys' fees for all
trial and appellate proceedings, and such other damages or monetary relief
as may be available to Plaintiffs under the law, including, without
limitation, pursuant to 15 U.S.C.. §§ 1125(a)(1) & 1117(a) & (b), among
other things. In addition, this is certainly an "unusual" case in which
attorneys' fees should be awarded to Plaintiffs.
98. Pursuant to 15 U. S. C.. §§ 1125(c)(2) & 1118, all advertisements,
promotional material, seminar material, books, and other materials in
Defendants' possession bearing or containing the infringing material that is
the subject of the violations; or any reproductions, counterfeits, copies,
or colorable imitations thereof, and all other means of making the same,
should be delivered up to Plaintiffs.

COUNT 5 - TEXAS COMMON LAW UNFAIR COMPETITION

99. Plaintiff re-alleges and incorporates by reference herein each of the
facts and allegations contained in paragraph numbers 1-98 of this Complaint.
100. Texas abhors the theft of one company's business by another by palming
off, reverse palming off, and other methods.
101. Based on the foregoing, Plaintiffs allege Defendants have been, and are
using Plaintiffs' written works in an effort to steal Plaintiffs' business
for themselves.
102. Plaintiffs have been, and will continue to be, very substantially
damaged by the, Defendants' acts aimed at confusion, including, on
information and belief, reverse palming off and unfair competition by
Defendants, through lost profits, among other things.
103. Further, Defendants have been unjustly enriched by being enabled to
sell for profit a volume of products and/or services they could not
otherwise have sold except by creating confusion, and/or, on information and
belief, reverse palming off or other unfair competition.
104. Plaintiffs also therefore plead, either in the alternative, or
cumulatively, to recover the profits made by Defendants through these
efforts, and/or a reasonable royalty, particularly due to their unlawful
"head start."
105. Further and/or in the alternative, Defendants' actions described above
constitute malice and/or fraud, and justify substantial exemplary damages,
which are sought.

COUNT 6 - PREJUDGMENT INTEREST

106. Plaintiffs re-allege and incorporate by reference here, each of the
facts and allegations contained in paragraph numbers 1-105 of this
Complaint.
107. In addition, Plaintiffs suffered damages in that Defendants have had
the use of the money owed to Plaintiffs since the date the money was due.
Plaintiffs are therefore entitled to interest, on the entire sum, at the
rate prescribed by law.

COUNT 7 - ATTORNEYS' FEES

108. Plaintiffs re-allege and incorporate by reference here, each of the
facts and allegations contained in paragraph numbers 1-107 of this
Complaint.
109. As a result of the breaches and misconduct of the Defendants described
above, it has been necessary for Plaintiffs to employ legal counsel and to
agree to pay a reasonable and necessary attorney's fee. Plaintiffs are
entitled to recover, and thus seeks here, recovery of his reasonable and
necessary attorney's fees, whether at trial or in all appellate proceedings,
from the Defendants under the provisions of. § 38.001( Cool

of the Texas Civil
Practice & Remedies Code and under principles of the common law and other
applicable statutory provisions.

General Allegations

110. All conditions precedent have occurred, been met, been waived, or in
some or any other fashion been satisfied.

DEMAND FOR JURY TRIAL

111. Pursuant to Fed. R.Civ.P. 38(b), Plaintiffs demand a trial by jury on
all issues triable of right by a jury.

REQUEST FOR RELIEF

WHEREFORE, Plaintiffs pray for:
1. After final trial, a Permanent Injunction against:
any further breach of the Settlement Agreement by using any of the Dotson
Manuals or information derived therefrom to compete with Plaintiffs;
any further infringement of the Dotson Manuals or information derived
therefrom;
any further infringement of the materials referred to in Exhibit D;
any further reverse palming off of the Dotson Manuals orthe materials
described in Exhibit D.
2. An award of actual, and/or statutory damages against Defendants for acts
set out above, or alternatively, an award for unjust enrichment in
connection with quantum meruit and the causes of action set out above;
3. An award for reasonable and necessary attorneys fees under Section 38.001
of the Texas Civil Practice and Remedies Code and/or under the Copyright
Act;
4. Punitive or exemplary damages against Defendants for their fraudulent,
malicious, wanton and/or willful tortious conduct;
5. Interest, pre- and post judgment;
6. Costs; and
7. Such other and further relief as this Court may find appropriate.
4. Punitive or exemplary damages against Defendants for their fraudulent,
malicious, wanton and/or willful tortious conduct;
5. Interest, pre- and post judgment;
6. Costs; and
7. Such other and further relief as this Court may find appropriate.
END OF DOCUMENT

Copyright 2004 by John T. Reed
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John T. Reed, a.k.a. John Reed, Jack Reed, 342 Bryan Drive, Alamo, CA 94507, Voice: 925-820-7262, Fax: 925-820-1259, Email: johnreed@johntreed.com

CONSUMER WARNING NOTICE: I recently saw Russ Whitney on a late night TV infomercial and then attended one of his "free" seminars. Unfortunately I believed all of their LIES and FRAUDULENT CLAIMS and I paid thousands of dollars to go to his "training camps". Needless to say I was clearly ripped off, cheated and lied to by Russ Whitney and his employees (band of thieves). My mistake was not searching the Internet to find out more about Russ Whitney and his company's HORRIBLE reputation for fraud, deception and illegal activities. Had I searched online I would have found out about THOUSANDS of customers being cheated, HUNDREDS of investigations by the Attorney General into the fraud of Russ Whitney and his company's, and that Russ Whitney himself is a CONVICTED VIOLENT FELON and spent years in PRISON. I saved the cached pages from the major search engines of the John Reed lawsuit with Russell Whitney and the TRUTH and FACTS that Reed discovered during his investigation of Whitney. I am posting this information on real estate discussion boards so other people do NOT get cheated and ripped off like I did.