On February 24, 2003, a civil lawsuit was filed by Bob Shelton, Alex Shelton and Joy Enterprises against Mr. Turber. The case was filed in Palm Beach County, Florida, Circuit Court. The lawsuit refers to several designs by Mr. Tan and the design sheets are attached to the lawsuit as an Exhibit. The design sheets are not attached to this e mail as they are in JPEG format and I do not know how to attach them. Mr. Tan in fact did design the knife in question. This is a copy of the lawsuit. The copy was pasted into this reply and the format is slightly different from the official, filed version. It is, however, the exact text of the offical document.
CASE NO.: CL 03-
STEVEN B. SHELTON and
ALEX SHELTON & SHELL
STORE corporation d/b/a
JOY ENTERPRISES,
Plaintiffs,
v.
MICHAEL TURBER, Individually and
d/b/a BOSS KNIVES and
WORLD OF WEAPONS, INC., a dissolved Florida
corporation,
Defendants.
_____________________________/
COMPLAINT
Plaintiffs, STEVEN B. SHELTON, ALEX SHELTON and SHELL CORPORATION sue the Defendant, MICHAEL TURBER and other Defendants and alleges as follows:
1. This is an action for damages which exceed $15,000.
2. The Plaintiffs Steven B. Shelton and Alex Shelton, at all times material to the allegations in this lawsuit, resided in Palm Beach County, Florida.
3. The Defendant Michael Turber, at all times relevant to the allegations in this complaint, resided at Jacksonville, Florida and has his principal place of business at Jacksonville, Florida.
4. The Defendant Michael R. Turber is engaged in the business of selling cutlery doing business as Boss Knives and World of Weapons, Inc. (Hereinafter referred to as WOW Inc.)
5. The Defendant WOW Inc. is a corporation which was dissolved by the State of Florida in 1999. The State of Florida lists WOW Inc as an INACTIVE Corporation since 1999. Its principal place of business was and, despite being dissolved and inactive, is claimed to be in Jacksonville, Florida. The only listed former officer and director of the dissolved and inactive corporation is the Defendant Michael Turber.
6. The Plaintiff Shell Corporation d/b/a Joy Enterprises (hereinafter referred to as Joy Enterprises) is engaged in the business of selling cutlery and other products throughout the United States and world wide, with its primary place of business being in Palm Beach County, Florida. Joy Enterprises has been engaged in this business for more than 40 years.
7. The Plaintiff Alex Shelton and the Plaintiff Steven B.Shelton are officers of Joy Enterprises and owners of the stock of Joy Enterprises.
8. Venue is proper in Palm Beach County, Florida, because the libelous statements were published in Palm Beach County, Florida.
9. Prior to the incidents and libelous statements set forth in this complaint, all of the Plaintiffs had excellent reputations and enjoyed the respect of other owners of businesses in the knife community, and further enjoyed excellent reputations and the respect of customers in the knife industry, as well as, the Plaintiffs associates in the community at large.
10. Joy Enterprises became involved in the knife industry in approximately 1960. A major aspect of Joy Enterprises business marketing takes place at trade shows in various places throughout the United States. Over the many years Joy Enterprises has been involved in the knife industry, and as the result of the experience gained in that industry, Joy Enterprises, Alex Shelton and Steven B.Shelton, prior to the acts, conduct and statements of the Defendants, had earned and obtained a good opinion of all of the Plaintiffs associates, customers and others to whom the Plaintiffs where known.
11. On or about February 15, 2003, Joy Enterprises was at a knife industry trade show known as the Shot Show in Orlando, Florida and was represented there by the Plaintiff Alex Shelton and a female marketing director. At the Shot show, Michael Turber and an associate who is allegedly involved with Defendant Boss Knives and/or Defendant WOW Inc. threatened and insulted Plaintiff Alex Shelton and the other female employee of Joy Enterprises and made improper sexually harassing comments and gestures. At the Shot show, Defendant Michael Turber and the other representative of Defendant Boss Knives and Defendant WOW Inc. wrongfully and improperly stated that Joy Enterprises violated U.S. laws by selling knives which were knock offs.
Specifically, Defendant Michael Turber and/or Alton James as a representative of Defendant Boss Knives and/or Defendant WOW Inc. incorrectly asserted that Joy Enterprises had improperly copied the design of the Defendants knife model #21688. This statement was false at the time it was made.
12. On February 20, 2003, at 12:35 a.m., the Defendant Michael Turber individually and on behalf of BOSS KNIVES and WOW, Inc. called the Plaintiffs and left a threatening message advising the Plaintiffs that they were going to start feeling the wrath of the heat from my wrath and making other threatening statements. In the same message, Defendant Turber threatened the Plaintiffs with harassment and with defamation and slander unless the Plaintiffs ...get rid of your inventory, which constitutes extortion under the Florida Criminal Laws.
13. On or about February 20, 2003, at 12:31 a.m. GMT, the Defendant Michael Turber individually and on behalf of BOSS KNIVES and WOW, Inc., followed through with the extortion threats and began posting defamatory statements on an internet message board with an internet address of
www.bladeforums.com.
14. Specifically, at approximately 3:16 a.m. GMT on February 20, 2003, the Defendant Michael Turber individually and on behalf of BOSS KNIVES and WOW, Inc., posted the following statements on the internet board referred to above:
Alex Shelton of Joy Enterprises shown here trying to quickly remove knock offs of the Boss line before I could take the picture PROVING she was selling them. Say cheese Alex! The knock off queen was caught red handed.
Defendant Turber, acting individually and on behalf of the other
Defendants then posted a name, address and telephone number of Joy
Enterprises.
15. At approximately 5:01 a.m. GMT on February 20, 2003, the Defendant Michael Turber, acting on his own behalf and on behalf of the other Defendants, posted the following statement on the internet website referred to above:
Give them hell guys. They are ripping off your firends, the very people who you look up to here and work hard for a buck only to have them steal it.
Yes. Alex and Bob at Joy Enterprises are THEIVES!....I got more tricks up my sleeve and you can bet your ass that the ASD show coming up will be even more fun as BOTH will be there and so will I. (Spelling errors are a direct quotation of the original statement)
16. On February 22, 2003, at 5:46 a.m. GMT, the Defendant Michael Turber acting on his own behalf and on behalf of the other Defendants, posted the following statement on the internet website referred to above, in reference to Plaintiffs Joy Enterprises and Alex Shelton, ...She in no way can produce any FACTUAL evidence that Mr. Tan is the originator of the designs in question... in reference to Plaintiffs knives designated as TG002", TG003", TG004" and G001". This statement was either intentionally false or was made with a total lack of due care as to whether the statement was true or false. A copy of Mr. Tans four designs referred to are attached hereto as composite Exhibit A, demonstrating the falsity of the Defendants statements.
17. On February 22, 2003, at 5:46 a.m. GMT, the Defendant Michael Turber acting on his own behalf and on behalf of the other Defendants, stated on the web site referred to above that Plaintiff Alex Shelton had ...an endeavor to steal my designs and those who design for BOSS knives. This statement too was either intentionally false or was made with a total lack of due care as to whether the statement was true or false. A copy of Mr. Tans four designs referred to are attached hereto as composite Exhibit A, demonstrating the falsity of the Defendants statements.
18. As of February 24, 2003, the false and libelous defamatory statements made by Defendant Michael Turber on the internet message board had been viewed more than 4,600 times.
19. Michael Turber made these false and libelous defamatory statements individually and on behalf of WOW Inc. and on behalf of BOSS KNIVES.
20. The above statements were false and defamatory. The Defendants in making these false statements acted in a negligent manner and without due care as to whether such statements were true or false. The false and defamatory statements, after being published by the Defendants, were circulated far and wide to Plaintiffs business associates, customers, acquaintances, perspective customers and others.
21. The Defendants published the defamatory matter on the internet with actual malice and with wrongful and willful intent to injure the Plaintiffs both personally and in the conduct of their business and as a direct and proximate result of the false statements, Plaintiffs have lost business and has been seriously injured in name, fame, reputation and business.
22. Plaintiffs reserve the right to amend and assert a claim for positive damages against all of the Defendants upon a factual showing that the statements alleged above were in fact made.
WHEREFORE, Plaintiffs demand judgment against the Defendants for damages, together with cost of suit and such further relief as the court deems proper.
Plaintiffs demand trial by jury.
SCOTT, HARRIS, BRYAN
BARRA & JORGENSEN, P.A.
Attorneys for Plaintiffs
4400 PGA Blvd., Ste. 800
Palm Beach Gardens, Florida 33410
Telephone No.: (561) 624-3900
Facsimile No.: (561) 624-3533
_____________________________
John L. Bryan, Esq.
Florida Bar No.: 179250