V I R G I N I A: IN THE CIRCUIT COURT OF ARLINGTON COUNTY RAM AVRAHAMI | 1001 North Randolph St., #110 | Arlington, Virginia 22201 | | Plaintiff, | | v. | In Chancery No. 96-203 | U.S. NEWS & WORLD REPORT, INC., | | SERVE: | | David G. Fiske, Esquire | Shaw, Pittman, Potts & Trowbridge | 115 South Union Street | Alexandria, Virginia 22314-3361 | | Defendant. | BILL OF COMPLAINT The Complainant, Ram Avrahami ("Avrahami"), for his Bill of Complaint against the Respondent, U.S. News & World Report, Inc. ("U.S. News"), states as follows: 1. Avrahami is an adult resident of the Commonwealth of Virginia. 2. U.S. News is a corporation organized under the laws of the State of Delaware with its principal place of business located at 2400 N Street, N.W., Washington, D.C. 20037. At all times relevant to this Bill of Complaint, U.S. News solicited and conducted business in the Commonwealth of Virginia. 3. This Court has personal jurisdiction over U.S. News under Virginia Code Ann. Section 8.01-328.1. 4. On or about February 25, 1995, Avrahami received by mail promotional literature from U.S. News which included an offer for a subscription to the magazine "U.S. News & World Report." Avrahami accepted U.S. News' offer on or about March 10, 1995 by completing a written subscription form. U.S. News billed Avrahami for the subscription on or about March 21, 1995, and Avrahami paid U.S. News the sum of $15.00, representing the subscription price. 5. At no time pertinent to this action did U.S. News request Avrahami's consent, nor did Avrahami give his consent, that U.S. News could use Avrahami's name (and address) for advertising purposes or for purposes of trade. 6. Some time after March 10, 1995 U.S. News provided Avrahami's name and address (and possibly the names and addresses of other customers of U.S. News and World Report) to the Smithsonian Institution, in exchange for which U.S. News received valuable consideration. U.S. News may also have provided Avrahami's name, for consideration, to persons or organizations other than the Smithsonian Institution, possibly in connection with sales, rentals or licenses of U.S. News' mailing list or lists. The Smithsonian Institution thereafter contacted Avrahami by mail to solicit a subscription to the Smithsonian Magazine. 7. By providing Avrahami's name to the Smithsonian Institution, and possibly to others, U.S. News knowingly used Avrahami's name for advertising purposes or for purposes of trade within the meaning of Virginia Code #8.01-40. Therefore, Avrahami is entitled relief as provided in Virginia Code #8.01-40. 8. By so providing Avrahami's name to the Smithsonian Institution, and possibly others, U.S. News converted Avrahami's name to its own use and benefit and derived income or other valuable goods and services from the use of Avrahami's name. 9. Avrahami has no adequate remedy at law. WHEREFORE, Avrahami prays that this Honorable Court enter an Order enjoining and restraining U.S. News, both temporarily and permanently, from using Avrahami's name for advertising purposes or for purposes of trade and further prays that this Honorable Court award him damages in the amount of One Dollar, plus One Dollar for each time Avrahami's name was sold, rented or exchanged by U.S. News, plus all revenues or the economic equivalent of any goods or services obtained by U.S. News by such use of Avrahami's name, plus exemplary damages in the additional amount of $5,000.00. RAM AVRAHAMI By Counsel BEAN, KINNEY & KORMAN, P.C. 2000 North 14th Street, Suite 100 Arlington, Virginia 22201 (703) 525-4000 (703) 525-2207 (Fax) By: /s/ James W. Korman, VSB #06727 James Bruce Davis, VSB #13654 Counsel for Plaintiff