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Microcap & Penny Stocks : HITSGALORE.COM (HITT) -- Ignore unavailable to you. Want to Upgrade?

To: Janice Shell who wrote (3030)	7/25/1999 12:58:00 PM
From: bob sims	Read Replies (1) \| Respond to of 7056

Janice Shell wrote: "Tell us, "bob": are you a Closet Basher? I really can't think of a better way to turn off prospective new investors than by posting as idiotically as you do." ********************************************************************** STEINHART & FALCONER LLP ROGER R. MYERS (State Bar No. 146164) 2 LISA M. SITKIN State (Bar No. 194127) 333 Market Street, Suite 3200 3 San Francisco, California 94105 Telephone: (415) 777-3999 4 Facsimile: (415) 442-0856 5 Attorneys for Plaintiff BUSINESS WIRE 6 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 BUSINESS WIRE, a California corporation, ) Case No. C 99-1987 EDL 12 ) Plaintiff ) 13 ) COMPLAINT FOR FALSE OR v. ) MISLEADING DESCRIPTION OR 14 ) REPRESENTATION (15 U.S.C. JEFFREY S. MITCHELL, an individual; ) 1125(a)); TRADEMARK 15 WILLIAM ULRICH, an individual; JANICE ) DILUTION (15 U.S.C. 1125(c)); SHELL, an individual, ) TRADEMARK INFRINGEMENT 16 ) (15 U.S.C. 1114); TRADEMARK Defendants. ) DILUTION (CAL. BUS. & PROF. 17 ) CODE 14330); BREACH OF ) CONTRACT; FRAUD; 18 ) DEFAMATION; UNFAIR ) COMPETITION; CIVIL 19 ) CONSPIRACY ) 20 21 22 Plaintiff Business Wire complains of defendants Jeffrey S. Mitchell 23 ("Mitchell"), William Ulrich ("Ulrich") and Janice Shell ("Shell") (collectively "defendants") 24 and alleges as follows: 25 THE PARTIES 26 1. Plaintiff Business Wire is a corporation existing under the laws of the 27 State of California and having its principal place of business in San Francisco, California. 28 Among other services, Business Wire distributes press releases for companies to news 1 COMPLAINT 1 organizations, informational databases, investors and others over a wire service and at a 2 website on the Internet. 3 2. Business Wire is informed and believes, and on that basis alleges that 4 defendant Mitchell is an individual residing in Westport, Connecticut. 5 3. Business Wire is informed and believes, and on that basis alleges that 6 defendant Ulrich is an individual residing in San Rafael, California. 7 4. Business Wire is informed and believes, and on that basis alleges that 8 defendant Shell is an individual residing in Milan, Italy. 9 5. Business Wire is informed and believes, and on that basis alleges that the 10 above-named defendants have acted in concert with one another and with other individuals in 11 doing the acts alleged in this Complaint. 12 JURISDICTION AND VENUE 13 6. This is an action for false and misleading description or representation 14 and trademark dilution in violation of the Lanham Act (15 U.S.C. 8 1125), trademark 15 infringement in violation of 15 U.S.C. 8 1114, trademark dilution in violation of California 16 Business and Professions Code 8 14330, breach of contract, fraud, unfair competition in 17 violation of California Business and Professions Code 8 17200 et seq. defamation and civil 18 conspiracy.