WITNESSES COME FORWARD
If you have any information concerning any aspect of the issues surrounding N.K. Stouffer’s on-going legal quest to maintain the ownership of her properties, your help is needed.
Even if the information you have is simply a comment, insignificant or otherwise, or a conversation that was overheard, this type of information can be very valuable to our defense.
The primary reason we are requesting witnesses to come forward is to simply assist us in the gathering of information that may help us both with further investigation, and to reaffirm information we already possess, or to provide us with information we wouldn’t ordinarily receive without your help. We don’t have the resources that the opposition has, and cannot afford to hire an endless supply of personnel to help us, so we are reaching out to you, and hoping that you are willing to step forward with help. Please know that any knowledge you have and are willing to share will be sincerely appreciated.
You may remain completely anonymous: An "Agreement of Confidentiality" will be provided to you upon request, to insure that your identity will remain protected by our investigator.
If you are willing to be a witness, you will be asked to sign an "Affidavit". An "Affidavit" is simply a written statement of the circumstances and information you are providing. It will state that the information you have provided is true and accurate to the best of your recollection and ability, and will require your signature. This document may, or may not be used in Court proceedings, but if it is, you would be notified in advance of its use.
If you wish to meet in person, it is by appointment only. Appointments can be made by sending your name, address, and telephone number.
Any book titled "The Legend of Rah and the Muggles", "Lilly Potter", "Larry Potter", and/or "Lotty Potter", published by Thurmanhouse, any other publisher, through or by any license, distributor, retailer, or website, are unauthorized by the author.
There was a complete failure of Thurmanhouse Publishing Company LLC to fulfill a majority of the contractual obligations made to N.K. Stouffer. Among the many discrepancies that occurred, included but were not limited to: no editing, no final approval of the books before they were printed and distributed, a complete failure to adequately promote or advertise the books, sales of licensing and publishing rights outside of any control of the author, a failure to provide the author with an accurate accounting of sales and distribution facilities, a failure to provide the author with an accounting for any money received by the publisher from sales, and a complete failure to make any payment due the author.
When it was time for N.K. Stouffer to be paid by Mr. Allen T. Hirsh’s company, he notified her that the company was filing for bankruptcy. This bankruptcy notification was a complete dissolution of any contractual obligations of Mrs. Stouffer to Thurmanhouse, and suspended Thurmanhouse’s ability to distribute, or sell any of her properties to any sales venue, or individual, by any means, or in any manner.
To this day, Mrs. Stouffer has not been notified by any bankruptcy court that she was listed as a creditor, nor has she been able to locate any filing for such bankruptcy. Her repeated requests for distribution information, sales accounting information, and bankruptcy information have gone completely unanswered by Mr. Hirsh.
It has recently come to our attention that unauthorized copies of N.K. Stouffer’s books are being sold through several distribution sources, and that all sales have generated or continued to generate income for Mr. Hirsh, while there has been a complete failure of Mr. Hirsh to pay Mrs. Stouffer any of the money due her.
Legal avenues to stop the unauthorized sales of N.K. Stouffer’s properties, and an effort to stop any revenue from benefiting any of Mr. Hirsh’s entities are being pursued. If you have been distributing and selling copies of any of Mrs. Stouffer’s properties as a result of any arrangement made by and between your company and any of Mr. Hirsh’s companies, it would be helpful if we could speak with you. It is not our intent to cause any harm to any firm who believed they had any legitimate agreement with Thurmanhouse, Mr. Hirsh or his representatives, but rather to form an alliance that will benefit both of our interests. Please contact David Stouffer immediately at the provided contact information:
Because of the volume of documents and records in this case, which exceed 10,000 pages, it is not possible to maintain each of them on this website. However, most of the Court documents can be obtained by written request at the addresses below, or through their associated links:
SOUTHERN DISTRICT OF NEW YORK
CLERK OF COURTS
500 PEARL STREET
NEW YORK, NY 10007
FOR THE SECOND CIRCUIT
CLERK OF COURTS
40 FOLEY SQUARE
NEW YORK, NY 10007
CURRENT MATTERS BEFORE THE COURTS
It is our intention with this website to keep you informed of the most current actions being taken in this case. We will include the most recent associated legal actions in a reasonably timely manner. The actions listed below are the most recent matters before the Courts and are printable from this website:
No: O5-6976-cv (April 6, 2006)
No: 99 Civ. 11480 (September 15, 2005)
No: 99 Civ. 11480 (September 20, 2005)
To view the complete Rule 60 Appeal for N.K. Stouffer
and the current news release, please see our Muggle Media page.
PRO SE ADVOCACY:
We do not encourage pro se advocacy, regardless of the fact that N.K. Stouffer has been confronted with that as her only option at this point.
An inability to hire counsel makes your problems very complex, and more likely than not, you won’t be able to learn enough, fast enough to do an adequate job for yourself, however, it is better to do something, rather than nothing, or you will loose your properties and rights regardless.
Because the laws have become so convoluted, it takes trained legal professionals to serve your needs in an optimum manner. We recommend that you contact your local "Bar Association" to find lawyer’s in your area, ask someone who has already had experiences with law firms, or refer to those firms who have submitted ad’s, or listings on this website.
We do not specifically endorse any law firm that has an ad, or who is listed on this website in "IP LAW FIRMS TO CONTACT".
TAKE A STAND
What most people do not understand is that your ownership of copyrights, trademarks, or patents is only as good as your financial ability to be able to legally defend your right to keep them. If you are confronted with an opponent or corporation that has an endless reservoir of money to fight you after you notify them to "cease and desist" the usage of your property, it can be the toughest battle of your life to keep what you already own. A failure to defend your rights is not an option, because that will result in a "voluntary relinquishment" of any right to ownership of your properties. This must be stopped.
Over the past twenty-five years there has been a clear and consistent dilution of an individuals’ right to own properties they create. The "American dream" is becoming an absolute myth because of the Court’s failure to apply the law as it was intended. The "Lanham Act", the law set in place to protect intellectual properties, was never intended to give the advantage to corporations and other well-funded organizations, it was intended to protect the "little guy" as well as other interests, but the Courts are consistently using it as a weapon against the individual property owner. This must be stopped.
What incentive would anyone have to develop anything new, if the threat of a free-for-all by corporate entities is sanctioned by the Courts. Judges are becoming personal art critics, rather than allowing these types of decisions from reaching a jury. They are giving more weight to the amount of money able to be spent on properties, rather than the right of ownership. Judges routinely fail to enjoin corporations from continuing to profit from stolen properties, while due process runs its never-ending course, and by the time that occurs, the private owner in most cases has spent any potential profit they could have made from the marketing of their properties on legal fees and costs, just trying to maintain their ownership. This must be stopped.
The only way the dilution and pillaging of individual rights will stop, is if the Courts immediately set injunctive relief in place, and stop the flow of money. Corporations will never stop pilfering privately owned properties unless they are made to pay a price. Injunctive relief is the only tool private property owners have to level the legal playing field, and the Courts continual failure to use it as it was intended has created an inequitable situation for the ordinary citizen. This must be stopped.
If there is even remotely a chance that infringement exists, then the Courts should err on the side of the property owner, not the corporation; keeping in mind that had the larger entity done their homework before launching a potentially volatile product there would be no issues to be resolved by the Courts. I say this, because in thirty years of developing products, I have never been accused of plagiarism or copyright infringement, because I check before I launch. Corporations on the other hand, are comfortable with the fact that people such as me, won’t have the money or the inclination to fight them very long or hard, and therefore it is financially expedient for them to launch first and deal with what they commonly refer to as "nuisances", later. They are comfortable with the fact that the Courts will allow them to do so. This places the entire burden on the individual property owner. This must be stopped.
Recently, it has become quite obvious that the dilution of protective rights is spawned by a willingness to accept the decline in legal or moral authority as routine, and this has eroded the foundation of the law that should prevent such property dilutions from ever occurring in the first place. A continuation in the mindset that allows for an acceptance that "selective pilfering" is routine will destroy any individual’s right to own properties they create in there entirety. If the Courts continue to allow corporate conglomerates to take privately owned property, and strip it of the very bricks and mortar that hold it together as a structure, in order to reinforce or build another property to generate revenue for such a corporation, it will leave the real owner of the rights with only the pile of useless rubble and legal costs left behind. This must be stopped.
The most recent and visible example of this is the situation with "The Divinci Code". What this type of pilfering does to someone’s original property is tragically, and extremely destructive. This must be stopped.
In a world where trademark identity rules the marketplace, Courts have to understand that if you strip someone’s work of every licensable property, you have essentially destroyed any viable use of that property. It is precisely the truly creative parts of the property, such as names/trademarks, plots with special identities, etc., that are the most "intellectual" and the most difficult to attain, that is why they are so commonly stolen from the works of others capable of formulating them. Judges shouldn’t play the role of Solomon, nor should they become "Robinhood’s for the Rich and Powerful". This must be stopped.
Outright piracy, or "selective pilfering" is simply not acceptable if we want to protect the future rights of our children, and allow them to have the ability to pursue the proverbial "American dream", any other dream, or our right to pursue it on their behalf using our own creativity and ingenuity. Consumers have as much power as the Courts have to stop this rampant decline in morality, all they have to do is to simply stop buying products, all products produced by these corporations.
Parents need to place a stronger emphasis on the entire circumstances surrounding products that may be controversial, although popular, when they make purchases for their children. Sometimes things are not the way they are portrayed in the media.
N.K. Stouffer is dedicated to trying to make a difference for every creative individual who is confronted with the burdensome responsibilities that accompany their craft, and is hoping that others will align themselves with her to inform and develop a better understanding of the value of the contributions they can, and do make to the world.
We encourage everyone to read the information found in "Muggle Action" located on this website to have a better understanding of what has truly happened to N.K. Stouffer. It will shock you to know that any of this was possible in the United States of America.
If after reading this information you would like to show your support for her, it would be truly appreciated if you showed your support with letters addressed to the Court:
FOR THE SECOND CIRCUIT
40 FOLEY SQUARE
NEW YORK, NY 10007
SPEAK TO CONGRESS:
You should contact your local Congressman and Senator’s and express your concerns about the way Copyright, Trademark and Patent Laws are failing to protect one of this countries most valuable natural resources, its creative and artistic citizens.
Should anyone care to join us in seeking other actions which will include requesting Congress to actively address these issues, please register your electronic signature on the "Petition for Congress to Re-examine the Effectiveness of the Lanham Act", found below, and make a difference, (You must be 18 years old and a citizen of the United States of America. You must provide your full name, address and telephone number, and a valid e-mail address. Your personal information will remain confidential and will not be published by this website, but remain as an integral part of this petition).
You may also participate by printing blank petition forms, and actively pursue the solicitation of signatures anywhere in the United States of America, or on any United States Military facility, or Embassy, from citizens, anywhere in the world. You must then forward those completed petition pages to us:
RAISE YOUR VOICES
Every school, college, and university can make a huge contribution through education. Making simple awareness of the problems an active part of the curriculum should spawn discussion, encouraging communication, and generate suggested solutions. It can also mobilize groups to become visible activists, which will help raise awareness beyond campus parameters.
N.K. Stouffer is available for public appearances at colleges, universities, and trade schools in whatever format they deem proper and useful, for either educational or fundraising events. She does not require a fee for her appearances, but transportation and lodging costs will be required where necessary. To schedule an appearance, or for more information, please contact us:
PROFESSOR’S PUBLISH YOUR IP ARTICLES
We encourage your educated opinions reference Intellectual Property Law, and encourage educators to give us their viewpoint on the topic. To publish those opinions and views, please address your writings to us, along with your name, address and telephone number, and we will feature it on the cover page of this website with a link, (Your contact information is for our use only, and will not be disseminated to the public unless you specifically request that it be published with your work. We reserve the right to refuse publication of any information on our website, for any reason).
SHARE YOUR PERSONAL STORY
If you have had bad experiences with properties you created and own, write to us so we can share your story. If you have had good or bad experiences with a Lawyer, Law Firms, Judge, or Court during your experiences, share your story.
If you would like to share your story, please include all of the details, including the type of product, who infringed, when it happened, how you believe it happened, what were the results of the actions you took, was it resolved through a settlement, litigation, or any other agreement, how long did it take for you to resolve the issues in your case, were the costs to you worth the results, how much those costs were in relationship to what you received, did your experiences encourage you to create new products, or did the experiences cause you to loose interest in the creative fields, how did the experiences effect your personal life, if the media covered the event surrounding your story, was their reporting accurate or inaccurate, were they interested or uninterested, or was there an effort by your opponents to minimalize the coverage, if you know, and how did they place pressure on the media or anyone as it relates to your experiences, and any other detail you would like to include when you share your story.
Your story will be featured on the cover page of this website with a link, so that others can gain from your experiences. In this way we can help support other creative people, and educate consumers throughout the world, and learn a great deal in the process. Please share your story by sending it along with your name address and telephone number to us:
Your contact information is for our use only, and will not be disseminated to the public unless you specifically request that it be published with your work. We reserve the right to refuse publication of any information on our website, for any reason.
IP LAW FIRMS PLACE FREE AD’S
We are not supporters of pro se advocacy, and when financially possible it will always be our intention to encourage law firm representations for all services associated with intellectual properties. If your IP firm would like to place a free advertisement on our website, we would be happy to provide you with the service, while informing our readers of the legal representation available to them. If you would prefer to be included in a general listing located on our "Muggle Action" page, we would be happy to accommodate you with that as well.
To submit an ad for posting, please forward the ad in an attached jpg. file to RealMUGGLES@yahoo.com, from a valid IP Law Firm e-mail address, along with your name, address, and telephone number, and we will post it as soon as possible. Your ad’s must contain a direct link to your firm for referrals, simply because we do not have the staff to handle referrals for you, (We reserve the right to deny access to any of the services we offer to firms, for any reason we deem proper for our website).
AMICUS BRIEFS SPEAK TO THE COURTS
Law Schools, Students, Professors, and Licensed Bar Members can assist us by volunteering to support us with Amicus Briefs. We are in need of help from the legal community. If you are a legal professional in any capacity, reading the information contained on this website under "Muggle Action", may even surprise you. If it does, than you have to ask yourselves if remaining silent is in anyone’s best interest. Please take a stand to help right the wrongs, and let everyone know that there are still legal professionals who truly do care about basic human and Constitutional rights. If you would be willing to contribute an Amicus Brief...