SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
American Youth Symphony
Plaintiff,
vs.
Mercedes Sherida Lander
Morgan Lee Lander
aka the band Kittie
and
Kittie Inc. CASE NO. 2008 CA 001740 B
Defendants.
COMPLAINT
I. INTRODUCTION
1. This action is brought by American Youth Symphony, a non-profit organization, against Mercedes Sherida Lander
,Morgan Lee Lander and Kittie Inc. each also known as the band Kittie.
2. This dispute arises from alleged acts of tortious interference by Defendants by way of an unsubstantiated cease and
desist demand sent to Plaintiff's business interests and libelous and slanderous statements made in the demand and in the
press about Plaintiff's television program America's Hot Musician and one of Plaintiff's contracted employees, a former
member of Defendant's band, Talena Atfield.
II. JURISDICTION AND VENUE
3. The subject matter and jurisdiction of this Court is invoked pursuant to the provisions of D.C. Code Annotated, 1981
edition, as amended, Sec. 11-921.
III. THE PARTIES
4. American Youth Symphony is a non-profit organization whose primary purpose is to promote instrumental music in
youth culture and was established in Washington, DC in 1982.
5. Defendants Mercedes Lander and Morgan Lander, aka Kittie, to the best of Plaintiff's knowledge, are Canadian
citizens, creators and owners of a musical group known as Kittie, which does substantial appearances in the United
States.
6. Defendant Kittie Inc., to the best of Plaintiff's knowledge, is a domestic corporation that conducts substantial
business in the United States.
IV. SUMMARY OF FACTUAL ALLEGATIONS
7.On or about January 29, 2007 Oxygen Media LLC approved the America's Hot Musician program for airing beginning
July 7, 2007.
8.In May 2007, American Youth Symphony, following weeks of negotiation, received written permission and a master
Beta SP tape of video footage of the band Kittie from Sheridan Square Entertainment, who owned the rights to the video
footage, to incorporate such video footage in the America's Hot Musician opening theme.
9.The purpose of this footage was to depict former Kittie bassist Talena Atfield who was also a judge on Plaintiff's
program.
10.Oxygen effectively canceled the airing of Plaintiff's program in June 2007 from which Plaintiff brought suit for
breach of contract.
11.On or about September 28, 2007 in court documents as part of federal case number 1:07-cv-01280, Oxygen declared
that on May 14, 2007 it received notice of a cease and desist letter from a law firm on behalf of the band, Kittie,
threatening immediate legal action for copyright infringement if America's Hot Musician aired.
12. It is believed that Defendant's actions were particularly aimed at inflicting harm on Plaintiff, notwithstanding the
erroneous allegations within the cease and desist demand, because the notice, sent to Oxygen without Plaintiff's
knowledge, was sent prior to being sent to Plaintiff, disallowing any opportunity for Plaintiff's to mitigate and correct any
alleged violations. and
13. It is believed that Defendant's actions were particularly aimed at inflicting harm on Plaintiff because the demand was
sent to Oxygen first, nearly two months before the published airing date.
14.It is believed that Defendant's actions were particularly aimed at inflicting harm on Plaintiff because after Plaintiff
advised Defendants that no violations had occurred in May, 2007, Defendants did not issue any retraction and in fact
went on to make public statements causing further harm to Plaintiff.
15.In an August 19, 2007 interview conducted by Bob Suehs of Rock N Roll Experience which was discovered by
Plaintiff in October 2007 , Defendants admitted among other things that they sent a cease and desist demand to Oxygen
and said that Oxygen canceled the program because Plaintiff was using Defendant's music without their permission and
that Defendants wrote the theme song.
16. The America's Hot Musician theme as clearly known to Defendant's at the time the demand was issued contained no
audio sound whatsoever from the band Kittie.
17.American Youth Symphony is subject to the return of current revenues collected and/or expected from advertisers,
withdrawal from the competition from competitors, talent and production company.
18.American Youth Symphony has lost its standing in the community and the integrity of its program has suffered in the
public's and business community's perception.
19.Defendant's actions have caused irreparable harm to American Youth Symphony and its program America's Hot
Musician.
CLAIMS
COUNT ONE- Tortious Interference
COUNT TWO- Libel
COUNT THREE- Slander
COUNT FOUR- Fraud
COUNT FOUR- Fraudulent Use of the United States Mail
Plaintiff incorporates by reference paragraphs 1 through 19.
DAMAGES
General, Punitive, Compensatory, Special and Future damages on all counts in the amount of $5 million dollars.
WHEREFORE, Plaintiff requests the following relief:
1.For damages in the sum of $5 million or such greater sum as shall be found to have been caused by Defendants.
2.For costs of suit and such other relief as the court shall deem proper.
JURY TRIAL DEMANDED
Plaintiff demands a trial by jury on each of the counts.