Paul et al v. Miller et al

Filing 1

COMPLAINT filed by Arline Paul; Filing fee $ 400, receipt number 0752-8877592. (Attachments: # 1 Exhibit Complaint Exhibits)(Kendall, Curtis)

IN THE UNITED STATES DISTRIC COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Arline Paul, James A. Bellanca, and
Mark Paul, individuals,
Plaintiffs,
v.
Eric L. Miller, an individual, and Wicker
Park Press, Ltd.,
Defendants.

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VERIFIED COMPLAINT FOR COPYRIGHT INFRINGEMENT AND
VIOLATIONS OF FEDERAL AND STATE UNFAIR COMPETITION LAW
Plaintiffs (collectively sometimes, “the Editors”), by and through counsel, for their
Complaint against Defendants (collectively sometimes, “Miller”) state as follows:
I.

NATURE OF THE ACTION

1. This is a six-count action seeking declaratory and injunctive relief as well as
damages, punitive damages, and costs and attorneys’ fees arising from:
a) Miller’s threats to assert copyright infringement claims against the Editors, whom he
knows own the copyrights in and to the work he is accusing them of infringing, namely, the book
titled, Becoming Self-Directed Learners: Student & Faculty Memoirs of an Experimenting High
School 40 Years Later (the “Center Book”); and,
b) Miller’s past and continuing willful infringement of the Editors’ intellectual
property, namely, the copyright registered Center Book; and,
c) Miller’s past and present acts of unfair competition, including false and misleading

representations made to the public, including in advertising, concerning the sponsorship, source,
or affiliation of Defendants’ infringing, unauthorized, and inferior product, which they are
offering for sale to the public under a former working title that is confusingly similar to the title
of the real book, and are offering the infringing book in direct competition with the Editors’
Center Book; and,
d) Miller’s violation of Plaintiff Editors’ rights of publicity by falsely representing for
commercial purposes that the Editors are affiliated with the unauthorized book and, separate and
apart from the Center Book, with Miller’s business generally, Defendant Wicker Park Press, Ltd.
II. THE PARTIES
2. Plaintiff Editors are individuals who have volunteered their time over the past several
years to create a high quality, unique book comprising the reflections of former students,
teachers, and parents who participated in a unique educational experiment carried out at New
Trier High School in Winnetka, Illinois for the decade spanning the 1972 through 1983 school
years. The experimental program was called the Center for Self-Directed Learning (the Center),
and Plaintiff Editors James A. Bellanca and Arline Paul were career high school teachers who
helped develop the concept for the program and then participated as teacher/facilitators in the
Center, for its entire 10-year life span in the case of Arline Paul. Mark Paul is Arline Paul’s son.
He is a freelance writer and editor with extensive experience in marketing.
3. On information and belief, the individual Defendant, Eric Miller, is the owner of
Defendant Wicker Park Press, Ltd., which public records indicate is a corporation registered in
Illinois with an address in River Forest, Illinois.
4. Also on information and belief, at all times relevant to this action Wicker Park Press,
Ltd., comprised Miller and no one else.

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III. JURISDICTION AND VENUE
5. This Court has subject matter jurisdiction over the copyright infringement and federal
unfair competition causes of action pleaded herein pursuant to 17 U.S.C. §§ 101 et seq., and 15
U.S.C. §§1125 et seq., respectively, and pursuant to 28 U.S.C. §§ 1331,1338(a) and (b). This
Court has subject matter jurisdiction over the substantially related state law unfair competition
claims pursuant to 28 U.S.C. §1338(b) and by virtue of 28 U.S.C. §1367. Pursuant to Rule 65 of
the Federal Rules of Civil Procedure (FRCP) and the pertinent provisions of the substantive
statutes this Court is authorized to issue the temporary, preliminary, and permanent injunctive
relief requested, and to grant the requested declaratory judgment concerning copyright ownership
under the Declaratory Judgment Act, 28 U.S.C. §§2201 and 2202, implemented through Rule 57,
FRCP.
6. Venue is proper in this Judicial District pursuant to 28 U.S.C. §1391 because all of
the individual parties reside here, the corporate defendant is located here, and the acts
complained of were initiated here and are continuing to occur here, and by virtue of 28 U.S.C.
§1400 because those acts include acts of copyright infringement for which redress is sought
under the federal Copyright Act.
IV. FACTS COMMON TO ALL COUNTS OF THE COMPLAINT
A. Defendants’ Pending State Court Action
7. Plaintiff Editors advise the Court that Miller has recently served two of them, Arline
Paul and Mark Paul, with a complaint filed in the Circuit Court of Cook County, Illinois. The
case is captioned, The Wicker Park Press, Ltd., and Eric Miller v. James Bellanca, Arline Paul,
and Mark Paul, 2013 L 009464. The nine-count complaint is primarily directed at alleged
contract issues and also includes a count for false light invasion of privacy and a count for

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defamation per se.
8. Despite Miller’s repeated threats to charge the Editors with copyright infringement,
which threats are detailed further below, the state court complaint does not raise any challenge to
the Editors’ copyright ownership.
9. Also, despite Miller’s many statements to the public and even in his state court
complaint that the publishing contract “remains in full force and effect” until he is paid the
money he demands, he has not asked the state court to rule on that unique legal theory.
10. The complaint seeks only money judgments, and does not concern any of the issues
raised in the instant action.
11. On October 15, 2013 the Editors filed their “Motion to Dismiss the Complaint
Styled Verified Complaint and Each Count Thereof” in the state court case.
B. Background Leading to This Action
12. As is explained in Section II, above, Plaintiffs are editors and copyright owners of a
work titled, Becoming Self-Directed Learners: Student & Faculty Memoirs of an Experimenting
High School 40 Years Later, referred to as the “Center Book”. They filed their application to
register their copyrights in the book on July 12, 2013. [Plaintiffs’ Copyright Application and
related documents are attached hereto as Ex. 1]1
13. The Center Book project was conceived in 2009 and, at the request of former Center
students, the Editors agreed to take on the project and began then to collect the memoirs and
other materials that comprise the volume.
14. All of the writings included in the Center Book were contributed gratis and each
writer signed a release granting the Editors permission to include his or her memoir in the Center
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“***an application for registration must be filed before the copyright can be sued upon.”
Chicago Board of Education v. Substance, Inc., 354 F.2d 624, 631 (7th Cir. 2003).
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Book. [Ex. 2, Release Form signed by Center Book contributors]
15. After volunteers who have incurred costs and expenses in connection with the
Center Book have been reimbursed all proceeds from book sales will go into a dedicated
scholarship fund.
16. In the spring of 2012, when most of the material for the Center Book had been
collected, the Editors contacted Defendant Miller, a Center alumnus, about publishing the Center
Book.
17. In November 2012 the parties entered into a publishing contract. [Ex. 3, “9/3/12”
Publishing Contract]2
18. Disappointed by a general lack of competence and a marked failure to follow
through with tasks and responsibilities on Miller’s part, the Editors emailed him on April 25,
2013 and again on April 26, 2013 informing Miller that the Editors terminated the publishing
contract pursuant to its clause 2(g) [Ex. 3] and, in that connection, directed him to: a) provide
proof of his sunk costs, i.e., “costs and expenses” incurred in connection with the project; b)
remove all references to the Center Book from Defendants’ website; and, c) return all materials
pertaining to the Center Book. [Ex. 4, three emails: 4/25/13 from Mark Paul to Eric Miller,
4/25/13 from Eric Miller to Mark Paul, 4/26/13 from Mark Paul to Eric Miller]
19. On April 27, 2013, Miller sent the Editors a “Fees” invoice for types and amounts of
charges with which the Editors vigorously disagree, and which are at issue in the above
referenced state court action. This seven and a half page invoice is referenced here and its first
page is attached as Exhibit 5 to establish Miller’s unambiguous admission that Defendants

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Many of the Exhibits attached to this Complaint are taken from those included in the
Defendants’ state court complaint. The felt tip pen writing on them is how Miller marked those
documents in that action. For this Complaint, Plaintiffs use Exhibit tags.
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drafted the terminated publishing contract (see first entry 09/03/2012). [Ex. 5, first page of
4/27/13 “Fees” Invoice]
20. Miller has refused to modify Defendants’ website and as of October 29, 2013 is still
offering for sale what he is falsely representing is the Center Book and falsely representing that
the Editors are connected or affiliated with it. The website’s url is: www.wickerpark3ibooks.com [Ex. 6, Screen Grabs from Defendants’ web site showing date they were taken].
COUNT I
(Declaratory Relief, 28 U.S.C. §§ 2201, 2202)
21. Plaintiff Editors hereby incorporate each of the preceding paragraphs numbered 1
through 20 as though fully set forth herein.
22.

Since April 26, 2013, in addition to offering for sale what amounts to a bootleg

version of the Editors’ copyright registered Center Book, Miller has been making representations
to the public such as the following on the Center for Self-Directed alumni Face Book page:
Mrs. Paul [Plaintiff Editor Arline Paul] is spreading misinformation here about
ownership rights to this book. The Paul’s [sic] and Mr. Bellanca have not
properly terminated their contract with Wicker Park Press. They have granted
all the rights to the Wicker Park Press and the contract is still in force. Unless
or until they do properly terminate their contract, Wicker Park Press holds
all rights to the work, as granted to the Press by the Editors under their contract.
Neither Center Press [Editors’ dba] nor the Paul’s [sic] have any right to
Publish “On Becoming a Self-Directed Learner” under this title or any other,
and in any version. Only the Wicker Park Press currently holds these rights. The
Wicker Park Press will come out with its edition of “On Becoming a SelfDirected Learner” in the next two or three months. [Emphasis supplied]
23. The assertions by Miller quoted in Paragraph 22, above, were made on July 9, 2013
as part of a comment trail that included Editor Arline Paul’s earlier statement that the Editors
were no longer working with Miller, that Wicker Park Press no longer had the rights to publish
the work, that the Editors would be publishing the Center Book on their own, and that readers
should accept no substitutes for the real, complete, and authorized Center Book. [see, Ex. 7, July
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9th comments made on Face Book by Arline Paul at 11:29 a.m., and comments made as part of
the same comment trail by Eric Miller at 8:29 and 8:32 p.m.]
24. Paragraph 128 of the state court complaint credits Miller with “***creating the
manuscript of the Work***”. [Ex. 8, copy of pp. 15 and 1 of the “Verified Complaint” in The
Wicker Park Press Ltd., and Eric Miller v. James Bellanca, Arline Paul, and Mark Paul, 2013 L
009464]
25. He has ignored the Editors’ direction to return Center Book materials and in fact has
demanded that the Editors return the manuscript of the Center Book to him, as is detailed further
below.
26. The Editors are very apprehensive that Miller has misled and is misleading third
parties into believing that the “all rights” he has asserted that Defendants “own” include
copyrights in and to the Center Book, when this is most assuredly not the case.
27. This apprehension is not based on mere supposition. In addition to the erroneous
statements made by Miller himself, in three of the four letters the Editors’ undersigned counsel
has received from the attorney representing Miller in the above described state court action
counsel has asserted that his clients somehow hold copyrights in the Center Book and intend to
enforce them. These statements are:
“If they [the Editors] publish this work [the Center Book] in any form before completing
the contract’s termination by fully reimbursing Mr. Miller for his efforts, as required by
the contract, we intend to treat any such publication not only as a breach of contract but
also as a copyright infringement, because the rights to the work have been granted to Mr.
Miller…If we have to go down that road, a court may award statutory damages for willful
copyright infringement, in addition to attorney’s fees, a possible injunction, and other
statutory remedies.”
and,

“Any attempt by your clients [the Editors] to publish this work [the Center Book] will be
treated as a copyright infringement of the Wicker Park Press’s rights to the work
as granted by your contract with the Press, and as a violation of other rights under the
contract.”
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and,

“Contrary to your fantastic assertions, in this matter I have not abandoned any claims of
copyright infringement on my client’s behalf.”

[Ex. 9, 5/31/13 Letter of Gareth E. Gollrad, Esq., see, p. 2, ¶ 2, lines 9 through 11, and 14
through 16; 7/8/13 Letter of Gareth E. Gollrad, Esq., see, ¶ 2, lines 1 through 3; 9/11/13 Letter of
Gareth E. Gollrad, Esq., see, ¶ 2, lines 1and 2]
28. These threats and claims against the Editors concerning copyright infringement have
been repeated despite the fact that Miller did not provide any creative or other proprietary
content for the Center Book.
29.

These threats and claims against the Editors concerning copyright infringement

have been repeated despite the fact that the terminated publishing contract effectively
acknowledges the Editors’ copyright ownership in the Center Book by providing that Defendants
only had the right to register the copyright, “…in the Author’s name…” and could only sue third
parties for copyright infringement in the Author’s name. [Emphasis supplied] [Ex. 3, cl. 3(c); cl.
4(c).] 3
30. These threats and claims against the Editors concerning copyright infringement have
been repeated despite the fact that the former publishing contract does not include any sort of
copyright assignment. [See, Ex. 3, generally]
31. These threats and claims against the Editors concerning copyright infringement have
been repeated despite the fact that, in addition to being devoid of any relevant survival clauses,
the former publishing contract does not contain any provision that permits Miller to assert any
rights to the Center Book post contract termination. The “at will” termination provision, drafted
by Miller, limits his recovery to “costs and expenses” (properly defined and supported). [Ex. 3,
cl. 2(g)]

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The terminated publishing contract refers to the Editors as “Author”. [See generally, Ex. 3]
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32. The irreparable harm to the Editors posed by Miller’s misleading statements and by
the threats made by those acting on his behalf is grave and will become worse imminently if this
objectionable conduct continues because the Editors are on the verge of launching an intensive
marketing campaign that will depend in large part on leveraging the good names of Editors
James Bellanca and Arline Paul within the Center and broader educational and publishing
communities. The Editors will assume the costs of sending galley proofs and other information
to potential reviewers, and will approach various sellers and distributors of electronic and print
books. Any hint of a copyright dispute, no matter how completely groundless, even frivolous,
the allegations against the Editors by Miller and those acting on his behalf may be, would likely
prove inimical to the Editors’ efforts to gain interest in the Center Book and third-party
commitments to promote and sell the Center Book, which the Editors have been working on for
almost five years.
WHEREFORE, the Plaintiff Editors respectfully request that this Court enter judgment in
their favor and against Defendants Eric Miller and Wicker Park Press, Ltd., and each of them:
(a) Declaring that the Editors are the owners of the copyrights in and to the book titled,
Becoming Self-Directed Learners: Student & Faculty Memoirs of an Experimenting High School
40 Years Later, which is the subject of registration, a certificate of registration to be issued in
due course; and,
(b) Declaring that Eric Miller and Wicker Park Press, Ltd., do not hold copyrights in or to the
book Becoming Self-Directed Learners: Student & Faculty Memoirs of an Experimenting High
School 40 Years Later, or a book titled On Becoming a Self-Directed Learner: Memoirs of an
Experimenting High School, or any work of similar title or content; and,
(c) Award the Plaintiff Editors any and all other relief the Court deems necessary and just.

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COUNT II
(COPYRIGHT INFRINGEMENT, 17 U.S.C. §101 et seq.)
33. Plaintiff Editors hereby incorporate each of the preceding paragraphs numbered 1
through 32 as though fully set forth herein.
34. The terminated publishing contract acknowledges the fact that the Editors provided
Miller with the Center Book manuscript. [Ex. 3, cl. 2(a)]
35. Although for some purposes Miller has claimed he “created” the Center Book
manuscript (see, e.g., Ex. 8, ¶128), at other times, for other purposes, he has stated to third
parties that the Plaintiff Editors had “submitted” the Center Book manuscript to him. [Ex. 10,
7/27/13 email responses from Miller to contributors who wrote him that they did not want their
writings included in the Defendants’ unauthorized product]
36. The terminated publishing contract created a voluntary bailment that required Miller
to exercise a degree of care with regard to the Editors’ Center Book manuscript. [Ex. 3, cl. 2(b)]
37. The terminated publishing contract provided that Miller could revise and edit the
manuscript, or require the Editors to revise and edit the manuscript. [Ex. 3, cl. 2(d), cl. 2(3)]
38. Nothing in the contract cedes ownership of the manuscript of the Center Book in any
form or under any conditions to Miller. [See, generally, Ex. 3]
39. As such, Defendants’ possession of the manuscript and any right to make copies of
it or any part of it were pursuant to license, which was extinguished when the publishing contract
was terminated.
40. As stated above, the Editors directed Miller to return to them all Center Book
materials [Ex. 4, specifically, the 4/25/13 email from Mark Paul to Eric Miller], which direction
Miller has ignored.

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41. Indeed, in addition to claiming that he “created” the manuscript [Ex. 8],4 Miller has
accused the Editors of “misappropriating” it [Ex. 8] and, through counsel, has demanded its
return [Ex. 11, 7/19/13 letter of Gareth E. Gollrad, Esq., p. 1, ¶1, lines 8 through10], although in
his state court complaint he does not seek its “return” but rather $30,000 in damages in
connection with it. [Ex. 8]
42. In addition to the fact that Miller has impermissibly copied and retained the Editors’
copyright protected manuscript even after the Editors have demanded its return, an instance of
willful copyright infringement itself, Miller has been and is of the date this Complaint is filed
offering for sale on the Wicker Park Press, Ltd., website a work that infringes the Editors’
copyrights, albeit with a cover different from that of the real Center Book and under a slightly
different title. [Ex. 6]
43. The order page for the infringing volume indicates that the infringing volume is, “In
Stock”, comprises 240 pages, costs $22.50, for a paperback copy (“COMING October 2013”),
and $9.95 for an e-book version. [Ex. 6, 3rd page]
44. Conducting a Google search for the title of the infringing book, On Becoming a SelfDirected Learner, turns up as the second search result a link to Defendants’ promotion and order
page for the infringing book.
45. Because of so-called “on-demand publishing” of both e-books and print volumes
whereby they are not produced until they are ordered it may be that Defendants’ production of
infringing books is not yet very great, but the reality of willful copyright infringement and the
threat of future willful copyright infringement are present nonetheless.
46. Any offer for sale Miller has made for the infringing book, whether on Defendants’
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This assertion is most confounding because the manuscript is a compilation of writings from a
large group of volunteer authors that does not include Miller.
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website or otherwise, directly injures the Editors by confusing the market and lowering future
sales of the Center Book, and the fact that traffic on Millers’ website is likely very low does not
make his infringement any less willful, only less successful commercially.
47. Any order that Miller has received for the infringing book produced from the
impermissibly retained and copied Center Book manuscript, whether such orders have been
placed through Defendants’ website or otherwise, directly injures the Editors and creates
confusion in the market. This is true even for orders received prior to April 25, 2013 if
Defendants have not refunded purchasers’ money as well as for any orders received after Miller
received notice of termination.
48. The Editors are on the verge of launching their marketing, promotion, and sales
effort and Defendants’ continuing willful infringement of the Editors’ copyrights is inimical to
those efforts.
WHEREFORE, The Editors respectfully request that this Court enter judgment in their
favor and against Defendants Eric Miller and Wicker Park Press, Ltd., and each of them and:
(a) Temporarily, preliminarily, and permanently enjoin Defendants from infringing the Editors’
copyrights in the Center Book by 1) copying the Center Book manuscript provided to Defendants
by the Editors, regardless of any changes Defendants have made to the copy or copies of the
manuscript that they retain, and 2) selling, offering for sale, or distributing any work based in
whole or in part on the Center Book manuscript, whether under the title On Becoming a SelfDirected Learner: Memoirs of an Experimenting High School, or otherwise; and,
(b) Order Defendants to account to the Editors for each and every pre-order and order
Defendants have received for, and every sale Defendants have made of, the book titled, On
Becoming a Self-Directed Learner: Memoirs of an Experimenting High School; and,
(c) Order Defendants to surrender to Plaintiffs for destruction each and every print copy and
digital copy of the book titled On Becoming a Self-Directed Learner: Memoirs of an
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Experimenting High School, that is in Defendants’ possession or that is under their control,
including any galley proofs or other copies regardless whether such copies include covers, such
surrender to take place within eight (8) days of the Court’s Order and at a location in either Cook
or Lake County, Illinois, designated by Plaintiff Editors; and,
(d) Order Defendants to delete permanently from any computers in their possession or under
their control, each and every electronic copy of the book titled On Becoming a Self-Directed
Learner: Memoirs of an Experimenting High School, and to certify to Plaintiffs in writing that
they have done so, said deletion and certification to be effectuated within eight (8) days of the
Court’s Order; and,
(e) Order Defendants to surrender to Plaintiffs each and every hard copy and digital copy of the
Center Book manuscript that is in Defendants’ possession or that is under their control,
regardless how it may have been modified by Defendants, such surrender to be effectuated at the
same time and location as the surrender described in subparagraph (c) above; and,
(f) Order Defendants to delete permanently from any computers in their possession or under
their control, each and every electronic copy of the Center Book manuscript regardless how it
may have been modified by Defendants, and to certify to Plaintiffs in writing that they have done
so, said deletion and certification to be effectuated within eight (8) days of the Court’s Order;
and,
(g) Temporarily, preliminarily, and permanently enjoin Defendants from operating the
www.wickerpark-3ibooks.com website, and from establishing any new website, until such time
as Defendants modify their current website by removing all references to the infringing book On
Becoming a Self-Directed Learner: Memoirs of an Experimenting High School, or any other
work of similar title or content and by adding to the website’s homepage and any landing page of
the website connected with search engine web searches the following statement boxed, in
prominent position, and in at least 12 pitch Arial Black or similar font:
Please be advised that neither Eric Miller nor the Wicker Park
Press, Ltd., holds any copyrights or other rights in or to Becoming
Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later, or On Becoming a
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Self-Directed Learner: Memoirs of an Experimenting High School,
or any work of similar title or content. We regret any confusion
earlier statements by us may have caused.
Information about Becoming Self-Directed Learners: Student &
Faculty Memoirs of an Experimenting High School 40 Years Later
can be found at: https://www.facebook.com/pages/Becoming-Self-DirectedLearners/590845120981781#
such statement to appear continuously for six (6) months from the date of the Court’s order, or
six (6) months from when it is first posted, whichever is later; and,
(h) Enter judgment in favor of the Editors and against Defendants for statutory
damages for willful copyright infringement; and,
(i) Award Plaintiff Editors their reasonable costs and attorneys’ fees; and,
(j) Award the Editors any and all other relief that the Court deems necessary and just.
COUNT III
(FALSE ADVERTISING, LANHAM ACT 15 U.S.C. §1125(a), et seq.)
49. Plaintiff Editors hereby incorporate each of the preceding paragraphs numbered 1
through 48 as though fully set forth herein.
50. As recounted above, when the Editors terminated the publishing contract on April
25, 2013 they told Miller to remove all references to the Center Book from his website.[Ex. 4,
specifically, 4/25/13 email from Mark Paul to Eric Miller]
51. Miller did not do so and has not done so to this day as the screen shots of the
offending pages from his website attached hereto as Exhibit 6 clearly establish.
52. The book Defendants are offering on their website is titled On Becoming a SelfDirected Learner: Memoirs of an Experimenting High School, which is a former working title of
the Center Book now titled, Becoming Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later. The title Miller is using is confusingly similar to the
Center Book’s title, and is likely to mislead reasonable consumers to the detriment of both
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consumers and the Editors.
53. Although undoubtedly similar to the Center Book because it is a substantial copy of
the Center Book manuscript, Defendants’ infringing book is not the Center Book, which is a
significantly improved product since termination of the former publishing contract.
54. Miller is publishing false advertising to the effect that the book he is offering for
sale is the Editors’ Center Book and is using the Editors’ names and biographical information in
a literally false or misleading description of fact or a literally false or misleading representation
of fact in his false advertising placed in interstate commerce in connection with his promotion of
the product he is offering for sale and for which he is apparently taking orders.
55. In reality, the Editors are not associated with and do not endorse the infringing
volume that Miller is offering for sale and are directly harmed or are likely to be directly harmed
by Miller’s illicit use of their names in his promotion of the unauthorized book and by his
promotion of the unauthorized book generally, such harm comprising diversion of sales for
which the parties are competing directly and/or by the lessening of the good will enjoyed by the
Editors caused by a false association with Defendants’ unauthorized and inferior product
56. These illicit acts on the part of Defendants are willful and are being undertaken by
them to intentionally deceive consumers.
WHEREFORE, the Editors respectfully request that this Court enter judgment in their
favor and against Defendants Eric Miller and Wicker Park Press, Ltd., and each of them and:
(a) Temporarily, preliminarily, and permanently enjoin Defendants from operating the
www.wickerpark-3ibooks.com website, and from establishing any new website, until such time
as Defendants modify their current website by removing all references to the Editors and the
misleadingly and confusingly titled book, On Becoming a Self-Directed Learner: Memoirs of an
Experimenting High School, or any other work of similar title or content and by adding to the
website’s homepage and any landing page of the website connected with search engine web
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searches the following corrective advertising statement boxed, in prominent position, and in at
least 12 pitch Arial Black or similar font:
Please be advised that neither Eric Miller nor the Wicker Park
Press, Ltd., holds any copyrights or other rights in or to Becoming
Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later, or On Becoming a
Self-Directed Learner: Memoirs of an Experimenting High School,
or any work of similar title or content. We regret any confusion
earlier statements by us may have caused.
Information about Becoming Self-Directed Learners: Student &
Faculty Memoirs of an Experimenting High School 40 Years Later
can be found at: https://www.facebook.com/pages/Becoming-Self-DirectedLearners/590845120981781#
such statement to appear continuously for six (6) months from the date of the Court’s order, or
six (6) months from when it is first posted, whichever is later; and,
(b) Enjoin Defendants to provide to the Plaintiff Editors within eight (8) days of the Court’s
Order a list of all individuals and entities Defendants have contacted concerning the review, or
sale, or distribution of the misleadingly and confusingly titled book, On Becoming a SelfDirected Learner: Memoirs of an Experimenting High School, or any other work of similar title
or content and certify in writing to the Editors that each such entity or individual has been sent a
written copy of the statement set forth in subparagraph (a), immediately above; and,
(c) Temporarily, preliminarily, and permanently enjoin Defendants from representing to any
book reviewers, book sellers or distributors, libraries, and any other individual and entity, that
Defendants are offering for sale or have the rights to sell or distribute the Center Book endorsed
by the Editors or any version, copy, or derivative work based on the Center Book manuscript,
including but not limited to On Becoming a Self-Directed Learner: Memoirs of an
Experimenting High School; and,
(f) Award Plaintiff Editors damages and enhanced damages; and,
(g) Award Plaintiff Editors their reasonable costs and attorneys’ fees; and,
(i) Award Plaintiff Editors any and all other relief that the Court deems necessary and just.
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COUNT IV
(State Law Consumer Fraud and Deceptive Business Practices, 815 ILCS 505/1 et seq.)
57. Plaintiff Editors hereby incorporate each of the preceding paragraphs numbered 1 through
56 as though fully set forth herein.
58. Defendants are advertising, selling, and taking orders for an incomplete version of a book
that is not authorized by the copyright owners and that bears the title, On Becoming a SelfDirected Learner: Memoirs of an Experimenting High School, which title is confusingly similar
to that of the Editors’ book, Becoming Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later.
59. Defendants persist in this illicit conduct, which includes using the identities of the Editors in
association with the unauthorized book, more than six months after the first time they were
directed to cease their deceptive behavior. [See, Ex. 6]
60. Miller is in direct, albeit illicit, competition with the Editors for book sales, and is
employing deception, misrepresentation, and the concealment, suppression, or omission of
material facts, namely, the highly material facts that he is not offering the complete, authorized
book of the Editors and that the Editors are not associated with his inferior product, and Miller is
doing so with the intent that consumers rely on such deceptions to their detriment.
WHEREFORE, the Editors respectfully request that this Court enter judgment in their
favor and against Defendants Eric Miller and Wicker Park Press, Ltd., and each of them and:
(a) Temporarily, preliminarily, and permanently enjoin Defendants from operating the
www.wickerpark-3ibooks.com website, and from establishing any new website, until such time
as Defendants modify their current website by removing all references to the Editors and the
misleadingly and confusingly titled book, On Becoming a Self-Directed Learner: Memoirs of an
Experimenting High School, or any other work of similar title or content and by adding to the
website’s homepage and any landing page of the website connected with search engine web
17

searches the following corrective advertising statement boxed, in prominent position, and in at
least 12 pitch Arial Black or similar font:
Please be advised that neither Eric Miller nor the Wicker Park
Press, Ltd., holds any copyrights or other rights in or to Becoming
Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later, or On Becoming a
Self-Directed Learner: Memoirs of an Experimenting High School,
or any work of similar title or content. We regret any confusion
earlier statements by us may have caused.
Information about Becoming Self-Directed Learners: Student &
Faculty Memoirs of an Experimenting High School 40 Years Later
can be found at: https://www.facebook.com/pages/Becoming-Self-DirectedLearners/590845120981781#
such statement to appear continuously for six (6) months from the date of the Court’s order, or
six (6) months from when it is first posted, whichever is later; and,
(b) Enjoin Defendants to provide to the Plaintiff Editors within eight (8) days of the Court’s
Order a list of all individuals and entities Defendants have contacted concerning the review, or
sale, or distribution of the misleadingly and confusingly titled book, On Becoming a SelfDirected Learner: Memoirs of an Experimenting High School, or any other work of similar title
or content and certify in writing to the Editors that each such entity or individual has been sent a
written copy of the statement set forth in subparagraph (a), immediately above; and,
(c) Temporarily, preliminarily, and permanently enjoin Defendants from representing to any
book reviewers, book sellers or distributors, libraries, and any other individual and entity, that
Defendants are offering for sale or have the rights to sell or distribute the Center Book endorsed
by the Editors or any version, copy, or derivative work based on the Center Book manuscript,
including but not limited to On Becoming a Self-Directed Learner: Memoirs of an
Experimenting High School; and,
(d) Award Plaintiff Editors any and all other relief that the Court deems necessary and just.

18

COUNT V
(State Law Deceptive Trade Practices, 815 ILCS 510/1 et seq.)
61. Plaintiff Editors hereby incorporate each of the preceding paragraphs numbered 1 through
60 as though fully set forth herein.
62. By advertising, offering for sale, and taking orders for an incomplete, inferior, and
unauthorized version of the Editors’ Center Book under a title that is confusingly and
misleadingly similar to that of the real book and in doing so using the Editors’ identities to create
the false impression that they are associated with and endorse the bogus product, Miller is
passing off the unapproved product as the authorized one by creating a likelihood of confusion or
misunderstanding as to source or sponsorship of the offending goods.
63. Miller is a competitor, albeit an illicit one, of the Editors and the Editors are being harmed
by or are likely to be harmed by Miller’s deceptive trade practices.
WHEREFORE, the Editors respectfully request that this Court enter judgment in their
favor and against Defendants Eric Miller and Wicker Park Press, Ltd., and each of them and:
(a) Temporarily, preliminarily, and permanently enjoin Defendants from operating the
www.wickerpark-3ibooks.com website, and from establishing any new website, until such time
as Defendants modify their current website by removing all references to the Editors and the
misleadingly and confusingly titled book, On Becoming a Self-Directed Learner: Memoirs of an
Experimenting High School, or any other work of similar title or content and by adding to the
website’s homepage and any landing page of the website connected with search engine web
searches the following corrective advertising statement boxed, in prominent position, and in at
least 12 pitch Arial Black or similar font:
Please be advised that neither Eric Miller nor the Wicker Park
Press, Ltd., holds any copyrights or other rights in or to Becoming
Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later, or On Becoming a
Self-Directed Learner: Memoirs of an Experimenting High School,
or any work of similar title or content. We regret any confusion
19

earlier statements by us may have caused.
Information about Becoming Self-Directed Learners: Student &
Faculty Memoirs of an Experimenting High School 40 Years Later
can be found at: https://www.facebook.com/pages/Becoming-Self-DirectedLearners/590845120981781#
such statement to appear continuously for six (6) months from the date of the Court’s order, or
six (6) months from when it is first posted, whichever is later; and,
(b) Enjoin Defendants to provide to the Plaintiff Editors within eight (8) days of the Court’s
Order a list of all individuals and entities Defendants have contacted concerning the review, or
sale, or distribution of the misleadingly and confusingly titled book, On Becoming a SelfDirected Learner: Memoirs of an Experimenting High School, or any other work of similar title
or content and certify in writing to the Editors that each such entity or individual has been sent a
written copy of the statement set forth in subparagraph (a), immediately above; and,
(c) Temporarily, preliminarily, and permanently enjoin Defendants from representing to any
book reviewers, book sellers or distributors, libraries, and any other individual and entity, that
Defendants are offering for sale or have the rights to sell the Center Book endorsed by the
Editors or any version, copy, or derivative work based on the Center Book manuscript, including
but not limited to On Becoming a Self-Directed Learner: Memoirs of an Experimenting High
School; and,
(d) Award Plaintiff Editors any and all other relief that the Court deems necessary and just.
COUNT VI
(State Law Right to Publicity, 765 ILCS 1075/1 et seq.)
64. Plaintiff Editors hereby incorporate each of the preceding paragraphs numbered 1 through
63 as though fully set forth herein.
65. Miller has appropriated and is using in a way that is highly offensive to the Editors and
misleading to consumers the Editors’ rights of publicity, and is doing so for commercial
purposes and wholly without permission.
20

66. Miller’s violation of the Editors’ rights of publicity is being perpetrated by his associating
the Editors’ names and biographical information with the incomplete, inferior, and unauthorized
book he is advertising, offering for sale, and taking orders for under a title that is confusingly and
misleadingly similar to the title of the Editors’ book. [Ex. 6]
67. Miller’s violation of the Editors’ rights of publicity is also being perpetrated by his
identifying the Editors as Wicker Park Press Ltd., “editors” generally, i.e., unassociated with any
particular book or project, when such is most decidedly not the case. [Ex. 12, dated screen grab
from Defendants’ website describing Plaintiffs Arline Paul, James A. Bellanca, and Mark Paul as
Wicker Park Press editors]
WHEREFORE, the Editors respectfully request that this Court enter judgment in their
favor and against Defendants Eric Miller and Wicker Park Press, Ltd., and each of them and:
(a) Temporarily, preliminarily, and permanently enjoin Defendants from operating the
www.wickerpark-3ibooks.com website, and from establishing a new website, until such time as
Defendants modify their current website by removing all references to the Editors; and,
(b) Award Editors their actual damages, Miller’s profits derived from his unauthorized use of
the Editors’ identities, or both; or $1,000, whichever is greater; and,
(c) Award Editors punitive damages in the light of Miller’s willful violation of the Editors’
rights of publicity; and,
(d) Award the Editors their reasonable attorneys’ fees and costs; and,
(e) Award Plaintiff Editors any and all other relief that the Court deems necessary and just.
Dated: October 29, 2013

Respectfully Submitted,
/s/ C. Michael Kendall
Plaintiff Editors’ Attorney

C. Michael Kendall
662 Green Briar Lane
Lake Forest, Illinois 60045
Tel: [phone]
Email: [e-mail]
21

VERIFICATION
Under penalty of perjury under the laws of the United States of America and the
State of Illinois, I declare that I have read the foregoing, and that the facts alleged therein
with respect to the Plaintiff Editors’ work on the Center Book project and our dealings
with the Defendants are true and correct to the best of my knowledge and belief. I
understand that a false statement in this Verification will subject me to penalties of
perjury.
/s/ Arline Paul
Dated this 29th day of October, 2013.

22

ATTORNEY’S LIMITED VERIFCATION
Under penalty of perjury under the laws of the United States of America and the
State of Illinois, I verify that the exhibits attached to the Verified Complaint are true and
accurate copies of what they are described to be and that the facts set forth concerning the
referenced state court action are true and accurate to the best of my knowledge and belief.
__/s/ C. Michael Kendall_
Plaintiffs’ Attorney
Dated this 29th day of October 2013

23

IN THE UNITED STATES DISTRIC COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Arline Paul, James A. Bellanca, and
Mark Paul, individuals,
Plaintiffs,
v.
Eric L. Miller, an individual, and Wicker
Park Press, Ltd.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

EXHIBITS TO THE VERIFIED COMPLAINT FOR COPYRIGHT INFRINGEMENT
AND VIOLATIONS OF FEDERAL AND STATE UNFAIR COMPETITION LAW
EXHIBITS
1. Plaintiffs’ Copyright Application and related documents.
2. Release Form signed by Center Book contributors.
3.

“9/3/12” Publishing Contract (terminated).

4. Three emails: 4/25/13 from Mark Paul to Eric Miller, 4/25/13 from Eric Miller to Mark
Paul, 4/26/13 from Mark Paul to Eric Miller.
5. First page of 4/27/13 “Fees” Invoice.
6. Dated screen grabs from Defendants’ web site promoting unauthorized book.
7. July 9th comment made on Face Book by Arline Paul at 11:29 a.m., and comments
made as part of the same comment trail by Eric Miller at 8:29 and 8:32 p.m.
8. Copy of pp. 15 and 1 of the “Verified Complaint” in The Wicker Park Press Ltd., and
Eric Miller v. James Bellanca, Arline Paul, and Mark Paul, 2013 L 009464.
9.
10.

5/31/13 Letter of Gareth E. Gollrad, Esq.; 7/8/13 Letter of Gareth E. Gollrad, Esq.;
9/11/13 Letter of Gareth E. Gollrad, Esq.
7/27/13 email responses from Miller to contributors who wrote him that they did not want
24

EXHIBITS, cont.,
their writings included in the Defendants’ unauthorized product.
11.

7/19/13 letter of Gareth E. Gollrad, Esq.

12.

Dated screen grab from Defendants’ website describing Plaintiffs Arline Paul, James A.
Bellanca, and Mark Paul as Wicker Park Press “editors”.

25