Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`FILED IN CLERK'S OFFICE
`U 5 D C -Atlanta
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`JAN 2 2 2009
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`~
`
`, CS k
`1'T
`sr- urn Gee
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`CheapTruckParts .com, LLC
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`Plaintiff,
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`V .
`
`Godfather Vans, Inc .
`Harold C . Johnson, Jr ., and
`Brian Christmas
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`Defendants.
`
`Civil Action Case No . :
`
`I 08-CV-3602 T
`
`)Defendant Brian Christmas answer to
`)CheapTruckParts .com LLC's Complaint
`
`Jury Trail Demanded
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`}
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`ANSWER TO COMPLAINT
`
`Pursuant to Federal Rule of Civil Procedure, 12, Defendant Brian Christman (Defendant)
`answers Plaintiff s. Complaint as follows :
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`PART IES
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`1 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 1, and therefore deny such allegations .
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`2. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 2, and therefore deny such allegations .
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`3 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 3, and therefore deny such allegations
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`4 . Defendant admits the allegations set forth in paragraph 4 .
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`5 . Defendant denies all of the allegations of paragraph 5 .
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`JURISDICTION AND VENUE
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`6. Defendant denies all of the allegations of paragraph 6.
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`7 Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 7, and therefore deny such allegations.
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`

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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 2 of 8
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`8. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 8, and therefore deny such allegations .
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`9. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 9, and therefore deny such allegations .
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`10. Defendant admits that he regularly does business with residents of the Northern
`District of Georgia, and derives substantial revenue from services rendered in the
`Northern District of Georgia, but otherwise denies every allegation of paragraph 1 0.
`Defendant further denies that he has committed tortious Acts within the state .
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`11 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the al legation set forth in paragraph 11, and therefore deny such allegations .
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`FACTS OF COMMON TO ALL COUNTS
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`12. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 12, and therefore deny such allegations .
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`13 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 13, and therefore deny such allegations .
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`14. Defendant admits the allegations set forth in paragraph 14 .
`
`15 . Defendant admits CTP used, and continues to use the Subject Work to operation its
`business of selling aftermarket automobile and truck parts via the Internet, but otherwise
`denies that CDP developed subject work set forth in paragraph 15 .
`
`16. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 16, and therefore deny such allegations .
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`17. Defendant denies the allegations set forth in paragraph 17 .
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`18. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 18, and therefore deny such allegations .
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`19. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 19, and therefore deny such allegations .
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`20. Defendant denies all of the allegations of paragraph 20 .
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`21 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 21, and therefore deny such allegations .
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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 3 of 8
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`22 . Defendant admits the allegations set forth in paragraph 22 .
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`23 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 23, and therefore deny such allegations .
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`24 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 24, and therefore deny such allegations .
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`25 . Defendant denies all of the allegations of paragraph 25 .
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`26 . Defendant denies all of the allegations of paragraph 26 and defendant further alleges
`the custom software referenced in paragraph 26 was authored by defendant .
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`27 . Defendant admits The CTP Website represents thousands of man-hours spent
`populating the year, make, and model look-up system, the customer database, and the
`accounting features of the system but otherwise denies every allegation of paragraph 27 .
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`28 . Defendant admits the allegations set forth in paragraph 28 .
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`29 . Defendant admits the allegations set forth in paragraph 29 .
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`30 . Defendant admits the allegations set forth in paragraph 30 .
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`31 . Defendant denies all of the allegations of paragraph 31 .
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`32 . Defendant denies the allegations set forth in paragraph 32 .
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`33 . Defendant denies the allegations set forth in paragraph 33 .
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`34 . Defendant denies the allegations set forth in paragraph 34 .
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`35 . Defendant denies the allegations set forth in paragraph 35 .
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`36 . Defendant denies all of the allegations of paragraph 36 .
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`37. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 37, and therefore deny such allegations .
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`38. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 38, and therefore deny such allegations .
`
`39 Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 39, and therefore deny such allegations .
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`

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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 4 of 8
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`40. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 40, and therefore deny such allegations .
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`41 . Defendant denies all of the allegations of paragraph 41 .
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`42 . Defendant denies all of the allegations of paragraph 42 .
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`43 . Defendant denies all of the allegations of paragraph 43 .
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`44 . Defendant denies all of the allegations of paragraph 44 .
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`45. Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 45, and therefore deny such allegations .
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`46. Defendant denies all of the allegations of paragraph 46 .
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`47. Defendant denies all of the allegations of paragraph 47 .
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`48 . Defendant denies all of the allegations of paragraph 48 .
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`49 . Defendant denies all of the allegations of paragraph 49 .
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`50. Defendant admits the CTP Website includes trade secrets of CTP including at least
`the customer list with contact information, customer transaction history, but otherwise
`denies all of the allegations of paragraph 50 .
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`51 . Defendant is without knowledge or information sufficient to form a belief as to the
`truth of the allegation set forth in paragraph 51, and therefore deny such allegations .
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`52. Defendant denies all of the allegations of paragraph 52 .
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`53. Defendant denies all of the allegations of paragraph 53 .
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`54. Defendant denies all of the allegations of paragraph 54.
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`55. Defendant denies all of the allegations of paragraph 55 .
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`56. Defendant denies all of the allegations of paragraph 56 .
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`57. Defendant denies all of the allegations of paragraph 57 .
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`58. Defendant denies all of the allegations of paragraph 58 .
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`59. Defendant denies all of the allegations of paragraph 59 .
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`60. Defendant denies all of the allegations of paragraph 60 .
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`

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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 5 of 8
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`61 . Defendant denies all of the allegations of paragraph 61 .
`
`COUNT I
`COPYRIGHT INFRINGEMENT
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`62 . Defendant alleges that the Complaint in paragraph 62 fails to state a claim upon
`which relief may be granted and denies all of the allegations of paragraph 62 .
`
`63. Defendant alleges that CTP's copyright infringement claim of paragraph 63 is barred
`in whole or in part because upon information and belief, CTP engaged in inequitable
`conduct before, and/or committed a fraud upon the United States Copyright Office .
`Specifically, on information and belief, CTP filed the copyright registration for the
`copyright at issue in this case with full knowledge and awareness that the software was
`based on Open Source Licensing and modifications were created and authored and owned
`by Defendant in this case, and not CTP . Upon information and belief, in claiming that
`CTP was the lawful owner of the modifications, CTP misrepresented facts to the United
`States Copyright Office .
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`64. Defendant denies all of the allegations of paragraph 64 .
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`65. Defendant denies all of the allegations of paragraph 65 .
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`66. Defendant denies any copyright infringement occurred, and alleges CTP is not
`entitled to recover for any loss of paragraph 66 in whole or in part .
`
`COUNT II
`TRADE SECRET MISAPPROPRIATION
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`67. Defendant alleges that the Complaint in paragraph 67 fails to state a claim upon
`which relief may be granted and denies all allegations of paragraph 67 .
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`68. Defendant alleges that no trade secret misappropriations occurred at any time . Only
`modifications authored and owned by Defendant were transferred and that allegations in
`paragraph 68 are without basis .
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`64. Defendant denies all of the allegations of paragraph 69 .
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`70. Defendant denies all of the allegations of paragraph 70 .
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`71 . Defendant denies any trade secret misappropriations occurred, and alleges CTP is not
`entitled to recover for any loss of paragraph 71 in whole or in part .
`
`COUNT III
`COMPUTER THEFT
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`

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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 6 of 8
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`72. Defendant alleges that the Complaint in paragraph 72 fails to state a claim upon
`which relief may be granted and denies all of the allegations of paragraph 72 .
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`73 . Defendant denies all of the allegations of paragraph 73
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`74. Defendant alleges that no unauthorized copying of the content of the CTP website
`occurred, and no unauthorized property was appropriated and denies all allegations in
`paragraph 74 .
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`75 . Defendant denies all of the allegations of paragraph 75 .
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`76 . Defendant alleges that no theft occurred and no remedy of relief is due to CTP,
`whether preliminary or permanent as listed in paragraph 76.
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`77 . Defendant alleges that CTP is not entitled to damages in paragraph 77 in whole or in
`part .
`
`COUNT IV
`TORTIOUS MISAPPROPRIATION
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`78. Defendant alleges that the Complaint in paragraph 78 fails to state a claim upon
`which relief may be granted and denies all allegations of paragraph 78 .
`
`79. Defendant alleges that CTP claim of tortious misappropriation of personality in
`paragraph 79 did not occur . Defendant alleges that CTP and Godfather websites were
`advertised and marketed separately with no claim of common ownership .
`
`80. Defendant denies all of the allegations of paragraph 80.
`
`81 . Defendant alleges that no tortuous misappropriation occurred and no remedy of relief
`is due to CTP, whether preliminary or permanent as listed in paragraph 8l .
`
`82 . Defendant alleges CTP is not entitled to recover from defendant damages listed in
`paragraph 82 in whole or in part because no act of tortious misappropriation occurred .
`
`COUNT V
`FALSE DESIGNATIONS OF ORIGIN AND FALSE DESCRIPTIONS
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`83 . Defendant denies allegation of false designations of origin and false descriptions as
`listed in paragraph 83 .
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`84. Defendant denies all of the allegations of paragraph 84 .
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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 7 of 8
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`85 . Defendant alleges no act of false designations of origin and false descriptions has
`occurred and no remedy of relief is due to CTP, whether preliminary or permanent as
`listed in paragraph 85 .
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`86. Defendant alleges CTP is not entitled to recover from defendant damages listed in
`paragraph 86 in whole or in part because no acts of false designations of origin and false
`descriptions occurred .
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`COUNT VI
`UNFAIR AND D ECEPTIVE TRADE PRACTICES
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`87. Defendant alleges that the Complaint in paragraph 87 fails to state a claim upon
`which relief may be granted and denies all of the allegations of paragraph 87 .
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`88 . Defendant alleges that CTP's claim of unfair and deceptive trade practices under the
`Uniform Deceptive Trade Practices Act is barred in whole or in part because CTP's claim
`in paragraph 88 is without merit .
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`89. Defendant alleges that no act of unfair and deceptive trade practice was done by
`defendant as alleged in paragraph 89 .
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`90. Defendant alleges no acts of unfair and deceptive trade practices has occurred and no
`remedy of relief is due to CTP, whether preliminary or permanent as listed in paragraph
`90.
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`9 1 . Defendant alleges CTP is not entitled to recover from defendant damages listed in
`paragraph 91 in whole or in part .
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`COUNT VII
`EXPENSES OF THE LITIGATION
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`92. Defendant alleges that the Complaint in paragraph 92 fails to state a claim upon
`which relief may be granted and denies all of the allegations of paragraph 92
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`93 . Defendant alleges that CTP's claim of bad faith is barred in whole or in part because
`Defendant has not caused unnecessary trouble and expense .
`
`94 . Defendant alleges that CTP's claim to recover from Defendant, jointly and severally,
`the expenses of the litigation including, without limitation, costs and attorneys' fees is
`barred because CTP's copyright infringement claim, trade secret misappropriations
`claim, computer theft claim, tortious misappropriation claim, false designations of origin
`and false descriptions claim and unfair and deceptive trade practices claim is barred in
`whole or in part because CTP does not have a standing to bring such a claim .
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`

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`Case 1:08-cv-03602-TCB Document 3 Filed 01/22/09 Page 8 of 8
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`PRAYER FO R RELIEF
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`WHEREFORE, Defendant prays that:
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`I . That the Complaints he dismissed with prejudice and that Plaintiff take
`nothing thereby;
`2. That the Court den) any requested injunctive relief, whether preliminary or
`permanent;
`3. That the Court make a finding that the alleged copyright identified in
`Paragraph t fi of the Complaint is null and void ;
`4. That the Court directs CTP to transfer immediately to Defendant all copies of
`software modifications not authored by CTP ;
`5 . 'That the Court award Defendant attorney fees, lost wages, travel expenses,
`and his costs of suit as authorized by law ; and
`6. For such other and further relief as this Court deems just and equitable .
`
`Dated : January 22, 2009
`
`Brian Christman
`1 025 Daytona Dr .
`Lebanon, MO 65536
`brianCwicweb.cnm
`417 532 3855 (phone)
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`Brian Christman, Defendant
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`