Plaintiff Demands Trial By Jury

      Plaintiff, Bigfoot Partners. L.P., by its attorneys, as and for its complaint against defendants, Cyber Promotions, Inc. and Sanford Wallace, states:

PARTIES

      1. Plaintiff, Bigfoot Partners, L.P. ("Bigfoot") is a Delaware limited partnership with its principal place of business located at 1841 Broadway, Suite 609, New York, New York.

      2. Defendant Cyber Promotions, Inc. ("CyberPromotions") is, upon information and belief, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 1255 Passmore Street, Philadelphia Pennsylvania.

      3. Defendant Sanford Wallace ("Wallace") is, upon information and belief, a individual residing in the Commonwealth of Pennsylvania and the President of defendant CyberPromotions.

JURISDICTION

      4. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. Section 1331 as this action arises out of the laws of the United States, and pursuant to 28 U.S.C. Section 1367 and the doctrine of supplemental jurisdiction.

      5. This Court also has subject matter jurisdiction over this matter pursuant to 28 U.S.C. Section 1332 as the parties as the amount in controversy exceeds $75,000, exclusive of interest and costs, and the citizenship of the parties is diverse.

VENUE

      6. Venue in this action is proper in this district pursuant to 28 U.S.C. Section 1391 in that the events giving rise to the claims in this matter occurred in this district and as a substantial part of the property involved in this action in located in this district.

FACTS COMMON TO ALL COUNTS

A.  The Nature of Bigfoot's Business

      7. Plaintiff Bigfoot is an emerging customer-directed marketing company that provides a wide range of services and tools to users of Internet-based electronic mail ("e-mail") worldwide. Unlike many Internet service providers, Bigfoot's core business is providing e-mail services and productivity tools.

      8. Bigfoot's business name and its e-mail domain name "bigfoot.com", which indicates to an e-mail recipient that e-mail has been sent from Bigfoot's computers and servers, are business assets of Bigfoot.

      9. In connection with the commencement of operations, Bigfoot registered its business name and its domain name and has the exclusive right to use, disseminate or otherwise utilize the same.

      10. Bigfoot obtains members (i.e., e-mail users) by, among other things, providing a large array of e-mail productivity services to such Internet e-mail users free of charge.

      11. Bigfoot expressly represents to its members that it will protect their privacy and that the Bigfoot member list will not be used or disseminated for the purpose of sending unsolicitated bulk e-mail, commonly known as and referred to in the industry as "SPAM".

      12. Bigfoot's members are expressly prohibited from using the services provided by Bigfoot for the dissemination of SPAM, and members who violate this prohibition are expelled. By strict adherence to its SPAM prohibition, Bigfoot is able to assure its members that they will receive only advertising complying with its members' preferences.

      13. The services provided by Bigfoot to its e-mail members are of substantial value to its members and e-mail users in that they provide the user with substantial control over their e-mail environment.

      14. For example, through its "Bigfoot for Life" service, Bigfoot provides its members with a permanent, free e-mail address at no cost to the member and redirects all e-mail received in the users name to the e-mail address designated by the user.

      15. Since Bigfoot becomes the permanent gateway for all e-mail intended for a member, Bigfoot members can change their Internet service provider and e-mail addresses as frequently as needed or desired without the risk of losing or having undeliverable e-mail returned and without the need to notify anyone of the change in address.

      16. Bigfoot also maintains e-mail and telephone directories which may be customized and used by its members and others with Internet e-mail access free of charge. The use of the Bigfoot directories enables e-mail users to save significant amounts of time and cost associated with locating intended recipients of its member e-mail transmissions.

      17. Bigfoot also provides personally customized filtering services to its members allowing them to block most unwanted or unsolicited e-mail attempted to be routed to the member through Bigfoot's computers. By utilizing the filtering services Bigfoot offers, Bigfoot members to avoid the substantial costs associated with viewing and deleting unwanted and unsolicited e-mail, commonly known as and referred to in the industry as "SPAM".

      18. The cost of providing these services free of charge to its members is very substantial to Bigfoot and is a significant drain on Bigfoot's computer and financial resources. Bigfoot operates however, by offsetting these costs against revenues received from members who purchase premium services to further enhance their e-mail productivity, and advertising revenues received through preference-based direct marketing programs.

      19. By virtue of the services offered and through its assurances to restrict SPAM and provide only preference based advertisements, Bigfoot now has over 500,000 members. Continued membership growth however, is essential to Bigfoot's business survival and expansion.

B.  The Illegal and Unsolicited Invasion of SPAM from Defendants

      20. Beginning in approximately January, 1997 and continuing with increasing frequency thereafter, plaintiff's members began to receive SPAM, erroneously indicating that the SPAM had been sent by plaintiff.

      21. More specifically, through the intentional falsification of the domain name and the electronic return address, the actual originators of the SPAM implied that the SPAM had been sent by Bigfoot when in fact it had not.

      22. The volume of SPAM falsely attributable to Bigfoot is very substantial and reached approximately 2,000 messages per day in July, 1997 and continues to date at the rate of between 700 and 2,000 messages per day.

      23. The dissemination of SPAM erroneously attributed to Bigfoot was frequently accomplished by using discontinued or fictitious Bigfoot e-mail member addresses as the return address listed in the e-mail header of the SPAM. Frequently, the SPAM bore a random seven digit prefix which appears to be automatically appended by the actual originator of the SPAM in front of the "@bigfoot.com", Bigfoot's domain.

      24. Upon investigation, Bigfoot was able to trace the vast majority of the SPAM fictitiously bearing Bigfoot's domain to defendants CyberPromotions and Wallace and to a software program named "CyberBomb" which is distributed by defendant CyberPromotions for the mass dissemination of SPAM.

      25. Defendants' distribution of the SPAM fraudulently using Bigfoot's domain is evidenced by, among other things, the fact that:

      (a) The URL ("Universal Resource Locator") or domain in an e-mail address listed in the text of the SPAM, from which further information about the product or service described by the SPAM was offered, is traceable to defendants or frequently lists defendants as either the administrative or technical contact;

      (b) The SPAM contains a "fax on demand" telephone number by which information concerning the product or services being offered is sent to Bigfoot's member and such facsimile number is traceable to defendants;

      (c) The SPAM contains a toll free telephone number (i.e., "800" or "888" areas codes) to contact for further information concerning the product or services being offered and such facsimile number is traceable to defendants; and,

      (d) The SPAM contains a reference to an auto-responder drop box and which, when contacted, automatically sends further e-mail concerning the product or services being offered to Bigfoot's member through the CyberBomb product distributed by defendants.

      26. The use of Bigfoot's domain, name and return address in the SPAM could not occur accidentally.

      27. As the SPAM is traceable to defendants, Bigfoot, based on information received and its knowledge of the industry, avers that the erroneous use of Bigfoot's domain, name and return address is the result of either (1) the inclusion of Bigfoot's domain, name or return address as a default or an optional setting in CyberBomb and other mass e-mail programs sold and distributed by defendant CyberPromotions, or (2) the verbal and textual recommendation by defendants to use Bigfoot's domain, name or return address in connection with the deliberate falsification of the e-mail headers in the SPAM.

      28. One of Bigfoot's primary services, currently marketed under the name Acxiom Preferred Mail, is a system for sending commercial e-mail to persons who have requested receipt of such mail. Bigfoot has insisted, as a condition to its entry into this business, that such e-mail be sent only to persons who have affirmatively requested e-mail communications of this type. Bigfoot expects this business to be a major source of its revenue in the future. It is critically important, therefore, that Bigfoot be known for its scrupulous avoidance of sending unsolicited commercial e-mail messages, i.e., SPAM.

C.  The Substantial and Irreparable Damages Sustained by Bigfoot

Occasioned by the SPAM Erroneously Attributed to Bigfoot

      29. Because of its ability to reach literally millions of Internet e-mail users quickly and with minimal cost compared to traditional junk mail, SPAM has become a popular vehicle for the dissemination of unsolicited advertising and promotional materials.

      30. Significant users of Internet e-mail almost universally abhor SPAM. In this connection, unlike traditional junk mail which may be easily discarded by the recipient, SPAM places a significant drain on the resources of the recipient in that, among other things:

      (a) the recipients' computer or server must route the unwanted mail to the intended recipient and if the SPAM is undeliverable, return the same to the sender, thereby utilizing valuable computer resources of the recipient, and

      (b) unlike most traditional junk mail, the recipient of SPAM usually must open, view and delete the message, since the subject of the mail is frequently not apparent from the minimal header shown when the SPAM is "delivered".

      31. By falsifying the return address and domain on the SPAM, defendants and their clients are able to disguise the fact that their e-mail is SPAM and avoid many of the software filters which have been installed by Internet service providers to block SPAM.

      32. The mass distribution of SPAM by defendants has severely and adversely affected Bigfoot, has severely damaged Bigfoot's reputation and business name and has caused Bigfoot irreparable harm.

      33. The fraudulent use of Bigfoot's domain is particularly egregious and the damages Bigfoot has sustained are particularly severe in that much of the SPAM is either advertising for sexual or pornographic materials, involves financial schemes promising immediate and substantial profits, or contains gross and unsupportable statements or claims tantamount to false advertising.

      34. First, in direct response to the SPAM falsely attributable to Bigfoot, all e-mail with Bigfoot's domain was blocked by not less than fifteen Internet service providers, preventing certain of Bigfoot's members from receiving any of their e-mail.

      35. Although Bigfoot was able to resolve the issue with most of the affected Internet service providers, Bigfoot's name, reputation and business were nonetheless damaged.

      36. As a result of the SPAM, Bigfoot has received literally thousands of complaints from irate members who erroneously believed that Bigfoot was the originator of the SPAM.

      37. The dissemination of SPAM falsely attributable to Bigfoot has also impaired Bigfoot's ability to attract new members, has caused certain of its members to cancel their membership and has adversely impacted Bigfoot's ability to secure participants for its preference based marketing programs.

      38. The dissemination of SPAM falsely attributable to Bigfoot has also impaired Bigfoot's ability to provide core services to its members and has consumed a substantial amount of Bigfoot's computer and financial resources, adversely affecting its service. Among other things, Bigfoot has been required to process defendants' SPAM through its system, and had to trace and delete undeliverable SPAM sent by defendants.

      39. As a direct result of the SPAM, Bigfoot was required to hire additional staff to address member complaints and concerns, to investigate the source of the SPAM and to otherwise divert resources away from its business.

      40. The dissemination of SPAM also required Bigfoot to purchase, develop, test, install and maintain additional filtering systems which attempt to block the SPAM, at great cost and expense to Bigfoot.

      41. As certain of the SPAM could not be delivered to the intended Bigfoot member, and as the SPAM bore a return address at Bigfoot, numerous SPAM messages were routed back to Bigfoot's computers and servers, where they were stored until Bigfoot's staff were able to delete the same.

      42. The use of Bigfoot's computers and servers for the purpose of receiving undeliverable SPAM was unauthorized and improper and deprived Bigfoot of the use of its property.

      43. Bigfoot's repeated demands of defendants to cease and desist in the practice of using Bigfoot's domain, name and return address were wholly ignored.

      44. By placing false or fictitious return addresses on their e-mail solicitations, defendants and their clients were able (a) to keep undeliverable e-mail from returning to their servers so that defendants and their clients could avoid the expense of dealing with such e-mail (b) to divert attempts by recipients to send "delete" messages in an effort to stop similar SPAM from being sent to such recipients in the future and (c) to avoid the damage to defendants' and their clients' own reputations which results from sending SPAM under one's own name.

      45. As a result of the foregoing, Bigfoot has sustained immediate and irreparable harm and has also sustained money damages.

(15 U.S.C. Section 1125)

      46. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 as if fully set forth at length.

      47. Defendants have engaged in acts of unfair competition through the use of false designations of origin in the SPAM e-mail messages. Specifically, defendants have falsely and without authorization used Bigfoot's domain name in the electronic return addresses of their SPAM, and have falsely represented that Bigfoot is the originator of the SPAM.

      48. Defendants' dissemination of SPAM falsely bearing Bigfoot's domain was used in connection with the sale of goods and services in interstate commerce and violates 15 U.S.C Section 1125(a).

      49. Defendants' conduct is likely to create confusion among the members of the public inducing them to believe, contrary to fact, that Bigfoot approves or condones defendants' use of Bigfoot's domain name or defendants' dissemination of SPAM, or that Bigfoot is affiliated, connected or associated with defendants and their commercial activities.

      50. Defendants' false designations of origin have caused Bigfoot damages in the form of lost goodwill and damage to business reputation in an amount to be proved at trial. This is an extraordinary case and such damages should be trebled.

      51. Defendants' acts of unfair competition and false designation of origin continue to harm Bigfoot's name and business reputation, and continue to cause confusion among members of the public. These damages are irreparable and cannot be ascertained or remedied with an award of money damages and Bigfoot therefore lacks an adequate remedy at law.

      52. Bigfoot is entitled to preliminary and permanent injunctive relief.

(15 U.S.C. Section 1114)

      53. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 as if fully set forth at length.

      54. Defendants have used and are continuing to use Bigfoot's name and its domain name, "bigfoot.com", in connection with the electronic advertising and selling of goods and services.

      55. Defendants' use of the Bigfoot name and Bigfoot domain are being done in a manner likely to create confusion among prospective purchasers, thereby inducing purchasers to believe, contrary to the truth, that the goods and services being actually offered for sale by defendants are being offered for sale or are sponsored or approved by Bigfoot.

      56. Defendants' acts have damaged, impaired and diluted that part of Bigfoot's goodwill and reputation symbolized by the Bigfoot name and the Bigfoot domain, causing Bigfoot immediate and irreparable harm.

      57. Defendants' conduct constitutes service mark infringement within the meaning of 15 U.S.C. Section 1114(1).

      58. Bigfoot believes defendants' use of the Bigfoot name and Bigfoot domain were undertaken with actual knowledge of Bigfoot's right to its name and domain and of its service mark and that defendants have willfully infringed upon Bigfoot's rights.

      59. Defendants' conduct has caused Bigfoot irreparable injury, loss of reputation and pecuniary damages and Bigfoot is entitled to preliminary and permanent injunctive relief to curtail these acts and to prevent irreparable and immediate injury to Bigfoot.

(15 U.S.C. Section 1114)

      60. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 as if fully set forth at length.

      61. Defendants have made commercial use of Bigfoot's names, marks and domain with the willful intent to trade and profit from Bigfoot's reputation or to cause dilution of Bigfoot's name, mark and domain.

      62. Defendants' use of Bigfoot's name, mark and domain occurred long after Bigfoot's name, mark and domain had become famous.

      63. Defendants' use of Bigfoot's name, mark and domain diminishes the capacity of the name, mark and domain and makes it difficult to identify and distinguish the services and goods offered by Bigfoot.

      64. Defendants' conduct constitutes service mark dilution within the meaning of 15 U.S.C. Section 1125(c).

      65. Defendants' conduct has caused Bigfoot irreparable injury, loss of reputation and pecuniary damages and Bigfoot is entitled to preliminary and permanent injunctive relief to curtail these acts and to prevent irreparable and immediate injury to Bigfoot.

(18 U.S.C. Section 2701 et.seq.)

      66. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 as if fully set forth at length.

      67. Bigfoot owns one or more computers through which electronic communication services are provided to its members and revenues are derived from such services.

      68. Defendants intentionally and repeatedly and without authorization listed Bigfoot's domain in the return address of mass amounts of SPAM distributed to Bigfoot's members. Bigfoot avers that the use of the Bigfoot domain in the SPAM was intended to, among other things, disguise the origin of the SPAM, to avoid certain SPAM filters in place by various provider of Internet e-mail services and to effectuate the widespread dissemination of defendants' SPAM.

      69. The SPAM disseminated by defendants which was undeliverable was routed back to and through Bigfoot's computers due to defendants' insertion of Bigfoot's domain in the return address of the SPAM.

      70. The unauthorized access to Bigfoot's computers was done knowingly and with the intent to utilize Bigfoot's computers for the distribution of promotional materials for profit.

      71. Defendants' intentional and unauthorized access to Bigfoot's computers has proximately caused damage to Bigfoot and to its computers, and pursuant to 18 U.S.C. Sections 2707(b)(2) and 2707(c), Bigfoot is entitled to an award of damages, including punitive damages, in an amount to be proven at trial.

      72. Defendants' unauthorized access to Bigfoot's computers has irreparably and immediately damaged Bigfoot and Bigfoot has no adequate remedy at law.

      73. Defendants' continued unauthorized access to Bigfoot's computers is a continuing harm which can not be addressed after trial and Bigfoot is entitled to preliminary and permanent injunctive relief pursuant to 18 U.S.C. Section 2707(b)(1) to curtail these acts and to prevent irreparable and immediate injury to Bigfoot.

(18 U.S.C. Section 1030)

      74. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 67 through 73 as if fully set forth at length.

      75. Bigfoot maintains one or more computers as defined by Section 1030(e) of the Computer Fraud and Abuse Act, 18 U.S.C. Section 1030, et.seq., through which e-mail transmissions are received, stored and disseminated for the benefit of Bigfoot's members.

      76. Defendants, without authorization, or at the very least knowingly and willfully caused, through the means of a computer used in interstate commerce, the transmission of one or more programs, information, codes or commands to Bigfoot's computer facilities, with the intent, or alternatively with reckless disregard of a substantial and unjustified risk, that its transmission would damage or cause damage to a computer, computer system, network, information, data or program of Bigfoot's computers.

      77. Defendants' willful transmission of one or more programs, information, codes or commands related to the unsolicitated e-mail transmission to Bigfoot's computers did in fact cause damage thereto, denying Bigfoot the use of its computers and injuring Bigfoot.

      78. The conduct of defendants has caused and will continue to cause damages to Bigfoot exceeding the aggregate value of $1,000 during any one year period, unless such conduct is enjoined.

      79. Bigfoot has suffered immediate and irreparable harm and has no adequate remedy at law.

Misappropriation of Name & Identity

      80. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 as if fully set forth at length.

      81. Defendants knowingly used Bigfoot's name and identity by placing false return address on the SPAM disseminated by defendants by using Bigfoot's name and domain in the address and other fields of the SPAM, making it appear that the SPAM originated from Bigfoot.

      82. The appropriation of Bigfoot's name and domain was used in commercial advertising traceable to defendants and was to defendants' commercial advantage because undeliverable SPAM was redirected and returned to Bigfoot, rather than defendants.

      83. The appropriation of Bigfoot's name was also to the commercial advantage of defendants as Bigfoot received the complaints and hostility associated with the SPAM rather than defendants.

      84. The misappropriation of Bigfoot's name, identity and domain was not authorized and was done without consent.

      85. Bigfoot was injured as a result of the misappropriation. Defendants were able to shift the cost of returned and undeliverable SPAM and to direct user complaints and hostility away from themselves and to Bigfoot.

      86. Bigfoot has been immediately and irreparably harmed by the misappropriation of its name, identity and domain and has no adequate remedy at law.

      87. The misappropriation of Bigfoot's name by defendants is continuing and these actions can not be redressed after trial.

Misrepresentation

      88. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 81 through 85 as if fully set forth at length.

      89. Bigfoot has made a substantial investment of time, effort and money in the development of its business and developing e-mail productivity tools for users of Internet based e-mail.

      90. As a result of defendants' misappropriation of Bigfoot's name, identity and domain, Bigfoot has suffered damages and defendants have earned profits in an amount to be proven at trial.

      91. Defendants have acted with fraud, oppression and malice and Bigfoot is therefore entitled to punitive damages.

      92. Defendants' acts of misappropriation continue to damage Bigfoot and defendants continue to earn profits. As a result, the value of Bigfoot's business, reputation and substantial goodwill are being irreparably damaged. Because these damages cannot be readily ascertained, plaintiff lacks an adequate remedy at law.

Common Law Fraud

      93. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 81 through 85 as if fully set forth at length.

      94. Defendants' conduct was deliberate and intentional. Defendants' attempt to conceal the true origin of the SPAM was intended to deceive Bigfoot and its members of the true origin of the SPAM. Several examples of e-mail traceable to defendants which was sent with a fraudulent domain or return address are annexed hereto as Exhibit A are incorporated by reference herein.

      95. Bigfoot has been damaged by defendants' fraud through the loss of members and revenue, damage to its business name and reputation.

Libel

      96. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 81 through 85 as if fully set forth at length.

      97. By the dissemination of SPAM falsely bearing Bigfoot's name, identity or domain, defendants falsely represented that Bigfoot represented, see Exhibit A, supported or was affiliated with the corporations, individuals, products and services which being offered by the SPAM. Defendants, by their SPAM, specifically represented to the public, among other things, that Bigfoot was marketing pornographic materials and financial schemes designed for quick profit and that Bigfoot supported the use of SPAM when in fact, it did not.

      98. As evidenced by the numerous complaints Bigfoot received concerning the SPAM, the public associated Bigfoot with the SPAM exposed Bigfoot to ridicule, contempt and damaged Bigfoot's name, reputation and business.

      99. Defendants knew or should have known that the false dissemination of SPAM attributable to Bigfoot would damage Bigfoot and was done with contempt, malice, ill will or reckless and gross disregard of Bigfoot's name, reputation, business and business goodwill.

      100. Bigfoot has sustained damages and is entitled to an award of the same in an amount to be proven at trial.

Unfair Competition & Consumer Fraud

      101. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 81 through 85 as if fully set forth at length.

      102. Defendants' dissemination of SPAM with fraudulent and fictitious domains and return addresses constitutes an unlawful and unfair business practice, and is in violation of New York General Business Law Section 349.

      103. Defendants' falsification of the domain and return addresses resulted in unauthorized access to Bigfoot's computers when undeliverable SPAM was returned.

      104. Defendants' falsification of the domain and return addressed was done to avoid the negative or hostile responses from the recipients of the SPAM and to hide defendants true identity and defendants reputation for utilizing SPAM.

      105. Defendants' conduct was intended to and did create confusion among Bigfoot's members and the public, causing the same to believe that the products, information, goods, services, individuals and corporations described in the SPAM were approved by or affiliated with Bigfoot.

      106. Bigfoot and its members have sustained damages as a result of defendants' conduct in an amount to be proved at trial, and are entitled pursuant to NYGBL Section 349 to an award of Attorney's fees.

Unjust Enrichment

      107. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 81 through 85 as if fully set forth at length.

      108. Defendants have derived considerable economic benefit from their conduct of wrongfully implying that the SPAM originated with Bigfoot.

      109. Defendants have also derived considerable economic benefit from their conduct by shifting the cost of undeliverable and returned SPAM to Bigfoot.

      110. Bigfoot has not been compensated in any way by defendants for the costs and damages associated with the SPAM.

      111. Bigfoot has been damaged by defendants' conduct and is entitled to an award of damages in an amount to be determined at trial.

Trespass to Chattel

      112. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45 and 81 through 85 as if fully set forth at length.

      113. Bigfoot's computers, servers, name, identity and domain are all personal property belonging solely to Bigfoot.

      114. The use of Bigfoot's computers, servers, name identity and domain without permission for defendants' own commercial benefit and interfered with Bigfoot's own use of the same.

      115. Bigfoot has been damaged by defendants' conduct and is entitled to an award of damages in an amount to be determined at trial.

Conversion

      116. Plaintiff Bigfoot repeats and realleges the allegations contained in paragraphs 1 through 45, 81 through 85, and 113 through 115 as if fully set forth at length.

      117. Defendants converted Bigfoot's property to their own use and deprived Bigfoot of its use and enjoyment of the same.

      118. Bigfoot has been damaged by defendants' conduct and is entitled to an award of damages in an amount to be determined at trial.

JURY DEMAND

119. Plaintiff demands trial by jury.

WHEREFORE, plaintiff Bigfoot Partners, L.P. demands judgment:

A. For preliminary and permanent injunctive relief;

B. For damages in an amount to be determined, but in no event less than the sum of $1,000,000;

C. For punitive damages; and,

D. For attorneys' fees and costs; and

E. For such other and further relief as the Court deems just and proper.

Dated:  New York, New York