United States
District Court Filing Of Action Against Tom Papania,
Focus On The Family and The Christian Broadcasting Network
Do to the importance of availing the Defendants of this action, we have edited the claim jurisdiction until all parties are served. We will post relevent information as we are able by the rules and ethics of law. But, this action was filed Friday the 4th of December 1999.
IN THE UNITED STATES DISTRICT COURT
FOR THE [edit] DISTRICT OF [edit]
LIGHTHOUSE SANCTUARY YOUTH Case No: [ edit ]
FOUNDATION, INC., a Georgia
Corporation; ROCKY SCARFONE, an
Individual residing in Georgia COMPLAINT FOR COPYRIGHT
Plaintiffs, INFRINGEMENT , UNFAIR
COMPETITION, FRAUD
Vs.
TOM PAPANIA an individual. And d/b/a
GOD'S SAVING GRACE MINISTRIES;
FOCUS ON THE FAMILY an entity
Believed to be a non-profit corporation;
THE CHRISTIAN BROADCASTING
NETWORK, an entity believed to be a non-
Profit corporation
Defendants.
DEMAND FOR JURY TRAIL
Plaintiffs, ROCKY SCARFONE (Hereinafter "SCARFONE") and LIGHTHOUSE
SANCTUARY YOUTH FOUNDATION, (Hereinafter "LIGHTHOUSE") for their complaint
herein , allege as follows:
JURISDICTION AND PARTIES
1. Plaintiffs, LIGHTHOUSE, is a non-profit corporation residing in Lawrenceville
Georgia. Plaintiff SCARFONE is an individual residing in Lawrenceville , Georgia.
Upon information and belief TOM PAPANIA (Hereinafter "PAPANIA") is
an individual residing in Powder Springs , Georgia and doing business as God's Saving Grace
Ministries. Upon information and belief Defendant FOCUS ON THE FAMILY (Hereinafter
"FOCUS") is a Colorado non-profit corporation residing in Colorado Springs, Colorado. Upon
information and belief Defendant THE CHRISTIAN BROADCASTING NETWORK (hereinafter
"CBN") is a Virginia non-profit corporation residing in Virginia Beach, Virginia
This is an action for copyright infringement under Copyright Revision act of 1976 , 17
U.S.C & 101 et.seq.
4. This is an action for use of false designations of origin and false description and
Representations in violation of Section 43 (a) of the Trademark Act of 1946, 15 U.S.C & 1125
(a); and for a related claim of fraud under state and common law.
5. This court has jurisdiction over this action pursuant to 28 U.S.C. & 501 (a) , 17 U.S.C. & 602 ,
15 U.S.C. & 1121 and 28 U.S.C. & 1331, 1338 (a),(b) as it involves substantial claims arising
under the United States Copyright Act 17 U.S.C. & 101 et seq. And Lanham Act of 1946 , 15
U.S.C. & 1051 , et. Seq.
6. Venue is proper in this judicial district pursuant to 28 U.S.C. & 1391 and 1400 (a) as
The defendants are doing business in this district, and/or the claim arose in this district from
the defendants forum-related activities.
INTRA DISTRICT ASSIGNMEN
7.This action is directed to the {edit}
because the wrongful acts alleged in the counts of this complaint arose in the county of [edit]
As an for a separate and distinct First Claim for Relief, Plaintiff SCARFONE complains of
Defendants PAPANIA < FOCUS and CBN as follows.
FIRST CLAIM FOR RELIEF
COPYRIGHT INFRINGEMENT AGAINST ALL DEFENDANTS
Plaintiff realleges and incorporates by reference each and every allegation contained
Paragraphs 1 through 7 herein above, inclusive, as though fully set forth.
9.Plaintiff SCARFONE is an individual who grew up in a family connected to the New
York Italian Mafia. Plaintiff's father was killed in a Mafia "hit" when the plaintiff was eight years old
Of age, and the plaintiff's spent the reminder of his youth seeking a father figure and a direction
In his life. Plaintiff's youthful plight included induring the abuse of a violent stepfather, brushes
With the local Mafia in the Brooklyn and Queens, New York neighborhood in which he grew up,
And progressed until his eventual salvation through embracing Christ in his teenage years.
Following his deliverance in Christ, Plaintiff went on to become successful in numerous legitimate
Business endeavors, including owning and running a large and lucrative jewelry business in
Atlanta, Georgia. Around 1993, Plaintiff had a desire to devote his life entirely and help troubled
Youth. Plainitiff , sold or gave away his businesses and started Lighthouse Sanctuary Youth
Foundation., ("Lighthouse") a corporation devoted entirely to helping troubled youth , which
Plainitiff runs to this day. As part of the operations of the LIGHTHOUSE, revenue is generated
From the sales of books and other publications these revenue going to support various youth
Programs run by LIGHTHOUSE.
10. Commencing in 1993, SCARFONE began marketing a manuscript for a novel
He wrote which chronicled his childhood growing up around the Italian Mafia, this novel entitled
"House OF Cards - The Curse of Alphonse" (Hereinafter the novel). The Novel was written in the
third person with a character named Joe as the main character who was really a character
Representative of Scarfone in his youth. The struggles endured by Joe as the son of a mob figure
mirrored the experiences endured by SCARFONE in his troubled youth.
11. In 1994, SCARFONE mailed defendants FOCUS and CBN copies of his manuscript
in hopes that they would find his story inspirational and perhaps worthy of a testimonial on their
Christian broadcasting networks. At all relevant times noticed herein, Defendants FOCUS and
CBN have owned broadcasting businesses wherein a typical segment of many of these radio
And television broadcasts, various individuals are invited to appear and give testimonials as to
How Christ had change their lives for the better. Many of these testimonials are very inspirational
And are recorded on audio or videotape and sold nation wide to the general public through
Telephone, mail, and websites maintained by defendants FOCUS and CBN.
In 1994 , Defendants FOCUS and CBN both wrote SCARFONE back , acknowledging
Their receipt of his manuscript as shown by the letters attached hereto as Exhibit.
Defendants CBN found SCARFONE'S story inspirational enough to warrant sending a
Production Crew To LIGHTHOUSE'S place of business in Lawrenceville, GA and plaintiff SCARFONE
was Interviewed and videotaped for of having his story placed upon one of CBN'S nationwide
Broadcasts. As part of the interview, Plaintiff SCARFONE told of his troubled youth and of his
Eventual deliverance from a seemingly crime ridden destiny due to his embracing Christ. Much of
The interview used material from The Novel. Additionally, as part of the interview, Plaintiff told of
Giving up his many businesses to devote his life to being president of Plaintiff LIGHTHOUSE.
After being aware oif the Plaintiff , Defendants CBN'S and FOCUS'S also suggested
That the Plaintiff contact an individual named TOM PAPANIA, ('"PAPANIA") who, they purported,
Had also endured a troubled past involving the Italian Mafia, and who also had found redemption
In embracing Christ and was giving paid testimonials on his life experiences; Defendant
PAPANIA had achieved notoriety in the Christian world by giving testimonies regarding his changed he spoke of
life wherein his conversion.
In 1994, based on Defendant CBN'S and FOCUS endorsement, plaintiff sent
Defendant PAPANIA a copy of his manuscript, as evidenced by the letter attached as Exhibit…
Hereto.
In 1996 Plaintiff SCARFONE published The Novel in book form and began selling it
Through Plaintiff LIGHTHOUSE. LIGHTHOUSE sold The Novel through various outlets, including Costco
Stores, Inc. and on the LIGHTHOUSE website, as well as at any testimonial performances
SCARFONE would give at Christian churches in states throughout the Southern United
States…
At all relevant times, SCARFONE has been the exclusive owner of U.S. Copyright
Reg. no for The Novel, issued … and attached hereto as Exhibit (Hereinafter The Registration)
The Registration was duly and legally issued to SCARFONE and the Registration is valid,
Subsisting, and remains in full force and effect.
In early December 1996, Defendant PAPANIA appeared on defendant FOCUS"S
Nationwide radio broadcast entitled ""Focus on the Family" and gave a testimony performance
Regarding his changed life entitled ""'From Mafia to Ministry". This testimony was broadcasted
Nationwide, including into this district. This testimony was produced in a three-part series by
FOCUS and copied to an audio likewise entitled "Mafia to Ministry" (Hereinafter the tape).
By all accounts, the tape was the best selling production up to the point by
Defendant FOCUS. The tape was sold nationwide through telephone, mail, and website
Promotions and included sales and solicitations of sales of the tape in this district.
On information and belief, defendant PAPANIA was paid a portion of sales of The
Tape through a contractual arrangement with Defendant FOCUS, who kept the greater majority
Of the profit from the tape sales.
In January of 1999 SCARFONE happened to view the Christian Broadcasting Network and Pat Robertson
700Club Show iisten to a broadcast of PAPANIA'sTestimony on the CBN network, for the first time, and noted
many striking similarities to The Novel, including nearly verbatim copying of several crucial scenes from The
Novel, which Embodied unique literary expression which was owned exclusively by the Plaintiff by virtue of his
Creation of The Novel and by virtue of his Copyright in The Novel.
Additionally, during the CBN broadcast, SCARFONE noticed other scenes and forms
Of expression which were taken from The Novel, while although not verbatim, were signature
Forms of expression unique to The Novel exclusively owned by SCARFONE.
Plaintiff SCARFONE reached the conclusion that Defendant PAPANIA had purloined
Crucial expressive elements of the Novel and had used them to bolster and improve his own
Testimonials. Plaintiff's conclusion was reasonable because Plaintiff had sent PAPANIA a copy
Of The Novel in both manuscript and book form.
Following the January broadcast, Plaintiff SCARFONE received a tape from FOCUS
And put them and CBN on notice of the infringement of the Novel through its commercial broadcast of
PAPANIA's testimony and through selling copies of this testimony as The Tape, but Plaintiff
Received no reply from CBN or Focus On The Family. At other times from 1999 to the present, Plaintiff
repeatedly gave additional notice to defendant FOCUS of the infringement of the Novel. None of Plaintiff 's
Communications to Focus or CBN ever garnered a reply.
CBN continued to conducted nationwide commercial television broadcast of PAPANIA's testimony,
this testimony being broadcast into this district included purloined portions ofThe Novel which PAPANIA
had falsely claimed as events from his own life on the CBN Broadcasts.
Following CBN's television broadcasts, SCARFONE wrote CBN and put on
Notice that it's broadcast of the PAPANIA testimony was an infringement of his Copyright.
SCARFONE never received a reply to his communication.
Plaintiff SCARFONE contacted defendant PAPANIA regarding his infringing
Performance on FOCUS and CBN broadcasts and PAPANIA spoke with the plaintiff in 1999.
During their discussion , PAPANIA admitted using The Novel as the source of many of the more
Exciting and moving anecdotes recorded on The Tape. Despite PAPANIA's admitted
Infringement, Plaintiff agreed to settle the matter with the defendant PAPANIA for 5000.00, a sum
Which defendant paid to Plaintiff, As part of the settlement, PAPANIA promised to Plaintiff that he
Would cease and desist from using the material in The Novel in any part of his testimonial
Business.
Despite PAPANIA's to cease using The Novel as a source of material in his
Testimonial business, Plaintiff saw a video tape testimony of PAPANIA after the date of
Their 1997 settlement meeting and it was apparent from the videotape which was being sold by
PAPANIA that PAPANIA was still using the material taken from The Novel and therefore was
Continuing to infringe Plaintiff's Copyright and therefore Plaintiff concluded that PAPANIA had
Breached their settlement agreement.
Plaintiff SCARFONE, notice at all relevant times that Defendant's FOCUS and CBN
Continued to aid and endorse defendant PAPANIA, and sell The Tape despite Plaintiff having
Put FOCUS and CBN on notice as to the pirated nature of PAPANIA's testimony,
and as To the infringement of Plaintiff's copyright. Therefor SCARFONE alleges that
all Defendant's Herein knowingly and willfully infringed his copyright in The Novel.
Plaintiff SCARFONE has been severely damaged by the defendant's willful
Infringements whether direct, contributory or vicarious, and Plaintiff will suffer irreparable injury
Unless enjoyed by this court .As and for separate and distinct Second claim for relief,
Plaintiffs LIGHTHOUSE and SCARFONE complain of defendants PAPANIA, FOCUS, and CBN as follows:
SECOND CLAIM FOR RELIEF FALSE DESIGNATIONS ORIGIN AND OF
FALSE DESCRIPTION AND REPRESENTATIONS IN VIOLATION OF SECTION 43 (A)
OF THE LANHAM ACT
Plaintiff realleges and incorporates by reference each and every allegation contained
In the first claim for relief, as though fully set forth herein.
Continuously since 1994, Plaintiff SCARFONE has been engaged in operating the
LIGHTHOUSE organization, which was organized to aid troubled youth and which relies on
Revenue from the sale of publications, including The Novel and also revenue acquired from paid
Testimonials by Plaintiff SCARFONE, at different churches and Christian gatherings in different
States, local in the Southern United States.
Plaintiff SCARFONE's testimonial derive much of their material from The Novel
Which tells the story of Plaintiff's young growing up as the son of a member of the Italian
Mafia, The Novel providing many exciting and sobering anecdotes and situations which represent
Expression unique to Plaintiff's life.
Plaintiff SCARFONE has distinguished his testimonials over those of others
Developed valuable goodwill through the use of The Novel as a primary source of material for his
Testimonials. Through Plaintiff's promotions and advertisements, the public has come to identify
Material represented in The Novel with the Plaintiff's testimonial business. Plaintiff has achieved
Commercial success that is attributable to the testimonies which rely on the Novel. Plaintiff's
Success has occurred largely because his story is true and all facts existing in his testimonials
Are chronicled in The Novel and can be readily verified through other factual sources which
Corroborate the accuracy of Plaintiffs testimonials.
Defendant PAPANIA has purloined key events found in The Novel and has used this
Stolen information to enhance and bolster his own testimonial business, which has garnered
Considerable financial success through the sale of audio and video and from appearance fees.
In addition to material taken from The Novel, PAPANIA had also claimed other events from
Plaintiff SCARFONE's life as his own, which do not appear in The Novel, but are untrue, as
PAPANIA lived many of these events he has claimed to endured in his testimonials.
Additionally, Defendant PAPANIA claims other events in his testimonials which could
Not have occurred due to historical and factual inaccuracies, which can be impeached through
Facts of public record.
At all relevant times herein, Defendants FOCUS and CBN have supported, endorsed,
And encouraged the testimonial business of PAPANIA, EVEN THOUGH Plaintiff SCARFONE
Made FOCUS and CBN aware of the infringing, inaccurate, and fraudulent nature of PAPANIA's
Testimonials.
Defendant's PAPANIA, FOCUS, and CBN have either directly, vicariously, or
Contributory created confusion in the marketplace for testimonial services, as the buying public
Has confused the testimonials of PAPANIA, with the testimonials of SCARFONE.
Additionally, the buying has often confused as being the personality represented on The
Tape, this personality is reality being the Defendant PAPANIA, of which Plaintiff has no affiliation.
The confused perception of the public caused by the Defendants has considerably
Damaged the value of Plaintiff's SCARFONE's testimonials, as the Plaintiff's testimonials
Bookings have dropped of measurably. Consequently, Plaintiff LIGHTHOUSE which depends
On the success of SCARFONE's testimonials and sales of The Novel as sources of revenue
To further it services to troubled youth, has been damaged by the fall off in testimonial bookings
And sales of The Novel.
Defendants are not affiliated in any way with the Plaintiffs. The testimonials
Performed, broadcasted, or reduced to audio and video tapes by the Defendants constitute a
A false designation of origin - a knowing false description or representation - regarding products
And services offered and sold by Defendants in commerce, which are likely to cause Plaintiffs
SCARFONE and LIGHTHOUSE injury and damage in violation of the Lanham Act, 15 U.S.C. &
1125(a)
WHEREFORE, Plaintiff's SCARFONE and LIGHTHOUSE pray for judgement against
Defendant's PAPANIA, FOCUS, and CBN as follows;
As and for a separate and distinct Third Claim for Relief, Plaintiffs LIGHTHOUSE and
SCARFONE complain of defendants PAPANIA as FOLLOWS:
{this portion will be available after defendants are served]
Dated: December 4, 1999