Warner Bros. Entertainment Inc. et al v. RDR Books et al

Filing 50

DECLARATION of Roger Rapoport in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1)(Ahrens, Julie)

Download PDF
Warner Bros. Entertainment Inc. et al v. RDR Books et al Doc. 50 DISTRICTCOURT I.INITEDSTATES DISTRICTOF NEW YORK SOUTHERN WARNERBROS.ENTERTAINMENTINC. and J . K. ROWLING, Plaintiffs, against- No.07-CV-9667 (RPP) R D R BOOKS and DOES 1-10, Defendants X DECLARATION OF ROGER RAPOPORT IN OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION I, ROGER RAPOPORT, declareand statethat: l. I am the presidentof RDR Books, LLC, aMichigan limited liability company in good standing.I currently reside at 1487 Glen in Muskegon, Michigan. My office of RDR Books. RDR Books also leaseswarehousespace home is the headquarters in Muskegon and has additional offices in SantaFe, New Mexico.. 2. . RDR Books is, and for the past fifteen years has been, a publisher of books. RDR Books formed in 1993 in California where I lived at the time. It becamea California LLC on 2000. RDR Books moved to Michigan in early 2004. 3. RDR Books publishesbiographies,books on education,sports,history, Judaica,humor, consumerhealth and dentistry, business,education,memoirs, environment,music, true crime, Russianhistory and children's literature. 4. In August of 2007,I read a newspaperarticle in the Muskegon Chronicle about SteveVander Ark and the Harry Potter Lexicon website. I called Mr. Vander Ark. Dockets.Justia.com interest in publishing a book version of the website. I told him I thought the He expressed Ato Z Index was the best part of the website to publish. 5. The original design for the cover of the book was put together by Carl Lemrye, a cover designerwho works for the Canadiancompany Ariane editions. I with Mr. Lemrye in mid- to late October, 2007 aboutusing the design for corresponded the Harry Potter Lexicon and about including disclaimerson the front and back cover of with or approved the book to make clear to consumersthat the book was not associatdd by J. K. Rowling or by Warner Bros or by any of Ms. Rowling's publishers. 6. In late January,2008,following the filing of this lawsuit by Warner Bros. Entertainmentand Ms. Rowling, I startedrevising the cover of what was then namedthe Harry Potter Lexicon. I did so in order to make it as obvious as possiblethat the book (which is now entitled The Lexicon) has no connectionto and has not been approvedor endorsedby J. K. Rowling, Warner Bros. or any of Ms. Rowling's publishers.I removed the quotation from Ms. Rowling about her use of the Harry Potter website. While I made thesechangesto meet the concernsthat plaintiffs have statedin their pleadingsand moving papers,I continue to believe that the original cover was entirely truthful in its and did not infringe any rights belonging to any of the plaintiffs. Exhibit A statements, hereto is a true and correct copy of the revised cover completedby me on February 6, 2008. I declareunder penalty of perjury under the laws of the United Statesof America that the foregoing is true and correct. Dated: Muskegon, Michigan Februar!, zoos y Roger Rapoport.