­

John T. Reed' answer to Russ Whitney' lawsuit UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA WHITNEY INFORMATION NETWORK, INC., a Florida Corporation, and RUSS WHITNEY, an individual, Plaintiffs, ANSWER v. JOHN T. REED, an individual, CASE NO.: 2:02-CV-288-FTM-29DNF Defendant. Defendant, John T. Reed, pro se answers the complaint as follows: 1. Defendant is without information as to the allegations of paragraph 1 of the complaint and therefore leaves plaintiff to its proof. 2. Defendant denies the allegations of paragraph 2 of the complaint. 3. Defendant denies the allegations of paragraph 3 of the complaint. 4. Defendant is without information as to the allegations of paragraph 4 of the complaint and therefore leaves plaintiff to its proof. 5. Defendant is without information as to the allegations of paragraph 5 of the complaint and therefore leaves plaintiff to its proof. 6. Defendant admits the allegations of paragraph 6 of the complaint. 7. Defendant is without information as to the allegations of paragraph 7 of the complaint and therefore leaves plaintiff to its proof. 8. Defendant admits the allegations of paragraph 8 of the complaint except that defendant denies that most of his products compete directly with those of plaintiffs. 9. Defendant denies the allegations of paragraph 9 of the complaint. 10. Defendant denies the allegations of paragraph 10 of the complaint. 11. Defendant is without information as to the allegations of paragraph 11 of the complaint and therefore leaves plaintiff to its proof. 12. Defendant denies the allegations of paragraph 12 of the complaint. 13. Defendant denies the allegations of paragraph 13 of the complaint. 14. Defendant is without information as to the allegations of paragraph 14 of the complaint and therefore leaves plaintiff to its proof. 15. Defendant is without information as to the allegations of paragraph 15 of the complaint and therefore leaves plaintiff to its proof. 16. Defendant is without information as to the allegations of paragraph 16 of the complaint and therefore leaves plaintiff to its proof. 17. Defendant is without information as to the allegations of paragraph 17 of the complaint and therefore

leaves plaintiff to its proof. 18. Defendant denies the allegations of paragraph 18 of the complaint. 19. Defendant denies the allegations of paragraph 19 of the complaint. 20. Defendant denies the allegations of paragraph 20 of the complaint, except admits that Exhibit C of the Complaint contains a portion of what was on Defendant' Web site at one time. 21. Defendant denies the allegations of paragraph 21 of the complaint. 22. Defendant denies the allegations of paragraph 22 of the complaint except that Defendant admits that plaintiff has not licensed Defendant to use Plaintiff' Marks. 23. Defendant admits the allegations of paragraph 23 of the complaint except that Defendant is without information as to whether either Plaintiff has sponsored or approved Defendant' use of the Marks and therefore leaves plaintiff to its proof. 24. Defendant denies the allegations of paragraph 24 of the complaint. 25. Defendant denies the allegations of paragraph 25 of the complaint. 26. Defendant denies the allegations of paragraph 26 of the complaint. 27. Defendant denies the allegations of paragraph 27 of the complaint. 28. Defendant denies the allegations of paragraph 28 of the complaint. 29. Defendant denies the allegations of paragraph 29 of the complaint. 30. Defendant repeats and realleges the answers to paragraphs 1 through 29 of the complaint as if fully set forth herein. 31. Defendant denies the allegations of paragraph 31 of the complaint. 32. Defendant denies the allegations of paragraph 32 of the complaint. 33. Defendant denies the allegations of paragraph 33 of the complaint. 34. Defendant denies the allegations of paragraph 34 of the complaint. 35. Defendant repeats and realleges the answers to paragraphs 1 through 29 of the complaint as if fully set forth herein. 36. Defendant denies the allegations of paragraph 36 of the complaint. 37. Defendant denies the allegations of paragraph 37 of the complaint. 38. Defendant denies the allegations of paragraph 38 of the complaint. 39. Defendant repeats and realleges the answers to paragraphs 1 through 29 of the complaint as if fully set forth herein. 40. Defendant denies the allegations of paragraph 40 of the complaint. 41. Defendant denies the allegations of paragraph 41 of the complaint. 42. Defendant repeats and realleges the answers to paragraphs 1 through 29 of the complaint as if fully set forth herein. 43. Defendant denies the allegations of paragraph 43 of the complaint. 44. Defendant denies the allegations of paragraph 44 of the complaint. 45. Defendant denies the allegations of paragraph 45 of the complaint. 46. Defendant repeats and realleges the answers to paragraphs 1 through 29 of the complaint as if fully set forth herein. 47. Defendant denies the allegations of paragraph 47 of the complaint. 48. Defendant denies the allegations of paragraph 48 of the complaint. 49. Defendant denies the allegations of paragraph 49 of the complaint. 50. Defendant is without information as to the allegations of paragraph 50 of the complaint and therefore leaves plaintiff to its proof. 51. Defendant denies the allegations of paragraph 51 of the complaint. 52. Defendant denies the allegations of paragraph 52 of the complaint. 53. Defendant denies the allegations of paragraph 53 of the complaint. 54. Defendant denies the allegations of paragraph 54 of the complaint. 55. Defendant denies the allegations of paragraph 55 of the complaint. 56. Defendant denies the allegations of paragraph 56 of the complaint. 57. Defendant denies the allegations of paragraph 57 of the complaint. 58. Defendant repeats and realleges the answers to paragraphs 1 through 29 of the complaint as if fully set forth herein. 59. Defendant denies the allegations of paragraph 59 of the complaint. 60. Defendant is without information as to the allegations of paragraph 60 of the complaint and therefore leaves plaintiff to its proof. 61. Defendant denies the allegations of paragraph 61 of the complaint. 62. Defendant denies the allegations of paragraph 62 of the complaint. 63. Defendant denies the allegations of paragraph 63 of the complaint. 64. Defendant denies the allegations of paragraph 64 of the complaint. 65. Defendant denies the allegations of paragraph 65 of the complaint. 66. Defendant denies the allegations of paragraph 66 of the complaint. 67. The complaint contains no paragraph 67. 68. The complaint contains no paragraph 68. 69. The complaint contains no paragraph 69. 70. Defendant denies the allegations of paragraph 70 of the complaint. 71. Defendant denies the allegations of paragraph 71 of the complaint. 72. Defendant denies the allegations of paragraph 72 of the complaint. 73. Defendant denies the allegations of paragraph 73 of the complaint. DEFENSES AND AFFIRMATIVE DEFENSES 74. Venue in the Middle District of Florida is improper. 75. Plaintiffs abandoned their applications for registered marks on "RUSS WHITNEY" and "WHITNEY" and therefore have no statutory rights in them. 76. Defendant offers no services and therefore is not in competition with Plaintiff regarding the sale of services. 77. The only "products" which Plaintiff offers which appear to compete with Defendant' products are, upon information and belief, inexpensive books and cassettes sold as loss-leader advertising vehicles merely to obtain names and phone numbers of persons likely to sign up for Plaintiff' profitable services, such as seminars and consulting. 78. Plaintiffs" attempts to revive their application for registered marks are null and void because they have falsely represented to the United States Patent and Trademark Office that Plaintiff Whitney Information Network, Inc. is a Florida Corporation when, in fact, it is a Colorado corporation thereby rendering any registered mark registration that might be issued by the U.S. Patent and Trademark Office null and void and of no effect. 79. Plaintiffs" trademark and unfair competition claims are barred by the doctrines of laches, waiver, and estoppel. 80. Even if Defendant should be found to be infringing the mark of Plaintiffs, no profits or other damages could be recovered by Plaintiffs. Neither the words nor the abbreviations nor the symbols specified by 15 U.S.C.A. §1111 for indicating the registration of a service mark were displayed with Plaintiffs" marks as used on by them on their books or other literature or at their Web site. 81. The word "WHITNEY" is in common use and is public property being used as the name of a mountain, lake, museums, pop singer, and cotton gin, among other uses. In addition, the term "WHITNEY" has not acquired any secondary meaning in distinguishing Plaintiffs" services. 82. Plaintiffs" trademark and unfair competition claims are barred by the doctrines of fair use and permitted commentary under the Lanham Act, the common law, and the First and Fourteenth Amendments to the Constitution. 83. Defendant' use of Plaintiffs" marks is non-confusing and nominative. 84. Plaintiffs" libel and trade libel claims are barred by the First and Fourteenth Amendments to the Constitution and the Constitutions of the states of California and Florida. 85. The statements complained of in the Complaint are protected fair comment and expressions of opinion. 86. The Complaint fails to state facts sufficient to constitute a claim against Defendant upon which relief can be granted. 87. Plaintiffs are libelproof. 88. With regard to the libel causes of action, Defendant alleges that the California law applies to the non-Lanham Act causes of action, that California' Anti-S.L.A.P.P. statute (CCP §425.16) applies, and that Plaintiffs" complaint should be struck under that statute because Plaintiff failed to prove that it is likely to prevail in this litigation. Respectfully submitted, November 27, 2002 ___________________________ John T. Reed, Pro Se Defendant 342 Bryan Drive Alamo, CA 94507 Telephone: 925-820-6292 Fax: 925-820-1250 www.johntreed.com Last update 4/3/03 John T. Reed, a.k.a. John Reed, Jack Reed, 342 Bryan Drive, Alamo, CA 94507, Voice: 925-820-7262, Fax: 925-820-1259, www.johntreed.com

Log in to comment
­