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`CHRISTOPHER WOZNIAK,
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` Plaintiff,
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`v.
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`WARNER BROS. ENTERTAINMENT, INC.,
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` Defendant,
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`DC COMICS,
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`Third-Party Plaintiff,
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`
`v.
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`CHRISTOPHER WOZNIAK,
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`
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`Third-Party Defendant.
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`Case No. 22-cv-08969 (PAE)
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`PLAINTIFF AND THIRD-PARTY DEFENDANT CHRISTOPHER WOZNIAK’S
`ANSWER AND STATEMENT OF DEFENSES
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`The plaintiff and third-party defendant Christopher Wozniak (“Wozniak”), by and
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`through his undersigned counsel, Rath, Young, and Pignatelli, P.C., hereby submits his
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`answer and statement of defenses in response to the third-party complaint filed by DC
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`Comics (“DC Comics”).
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 2 of 8
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`ANSWER
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`RESPONSE TO ALLEGATIONS ABOUT THE NATURE OF THE ACTION
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`1.
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`Denied.
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`RESPONSE TO ALLEGATIONS ABOUT THE PARTIES
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`2. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`3.
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`Admitted.
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`RESPONSE TO ALLEGATIONS ABOUT JURISDICTION AND VENUE
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`4.
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`This paragraph is an assertion of a legal conclusion to which no answer is
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`required. To the extent that any response is required to this paragraph, Wozniak denies
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`same.
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`5. Wozniak admits that this Court has personal jurisdiction over Wozniak.
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`6. Wozniak admits that venue is proper.
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`RESPONSE TO ALLEGATIONS AS TO CLAIMS FOR RELIEF
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`7. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`8. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`9. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`10. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time
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`2
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 3 of 8
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`Wozniak is without sufficient information to admit or deny the allegations contained in
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`this paragraph; accordingly, those allegations are denied at this time.
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`11. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time
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`12. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time
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`13. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`14. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`15. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`16. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`17. Wozniak is without sufficient information to admit or deny the allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`18. Admits that Wozniak submitted his copyrighted work to the United States
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`Copyright Office for registration; Wozniak denies his work is derivative of a prior
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`copyrighted work.
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`19. Admits Wozniak filed the instant lawsuit against Warner Bros.
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`Entertainment Inc. for infringement of his copyrighted work entitled Wozniak Batman
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`Riddler Plot; Wozniak denies his work is derivative of a prior copyrighted work;
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`3
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 4 of 8
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`Wozniak is without sufficient information to admit or deny the remaining allegations
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`contained in this paragraph; accordingly, those allegations are denied at this time.
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`20. Denied.
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`RESPONSE TO FIRST CAUSE OF ACTION ALLEGATIONS
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`21. Wozniak incorporates in this paragraph by reference his previous response
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`to paragraphs 1 through 20.
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`22. Denied.
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`23. Denied.
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`24. Denied.
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`25. Denied.
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`RESPONSE TO FIRST CAUSE OF ACTION ALLEGATIONS
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`26. Wozniak incorporates in this paragraph by reference his previous response
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`to paragraphs 1 through 25.
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`27. Admits that Wozniak submitted his copyrighted work to the United States
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`Copyright Office for registration; Wozniak denies his work is derivative of a prior
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`copyrighted work.
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`28. Denied.
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`29. Denied.
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`PRAYER FOR RELIEF
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`RESPONSE TO DC COMICS’S PRAYER FOR RELIEF
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`Wozniak denies that DC Comics is entitled to the relief sought in paragraphs one
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`through six of his prayer for relief.
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`AFFIRMATIVE AND OTHER DEFENSES
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`4
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 5 of 8
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`First Affirmative Defense
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`DC Comics’ complaint fails to state a claim upon which relief can be granted.
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`Second Affirmative Defense
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`DC Comics’ claims are barred, in whole or in part, because DC Comics failed to mitigate
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`his damages, if any.
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`Third Affirmative Defense
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`DC Comics’ claims are barred, in whole or in part, by the doctrine of de minimis non
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`curat lex because the infringement had no impact on either party.
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`Fourth Affirmative Defense
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`DC Comics has no copyrightable interest in the subject matter recited.
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`Fifth Affirmative Defense
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`Wozniak has not infringed any valid copyright of DC Comics.
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`Sixth Affirmative Defense
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`DC Comics’ claims are barred for fraud.
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`Seventh Affirmative Defense
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`Wozniak’s alleged use of English words found in Batman stories is fair use under
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`17 U.S.C. § 107.
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`Eighth Affirmative Defense
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`DC Comics is not entitled to the relief requested in its complaint, in whole or in part, by
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`virtue of the doctrines of estoppel.
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`Ninth Affirmative Defense
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`DC Comics is not entitled to the relief requested in its complaint, in whole or in part, by
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`virtue of the doctrines of waiver.
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`5
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 6 of 8
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`Tenth Affirmative Defense
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`DC Comics lacks standing to bring the instant action.
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`Eleventh Affirmative Defense
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`DC Comics’ claims are barred, in whole or in part, by the principles of consent,
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`ratification, implied license, and/or legal justification.
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`Twelfth Affirmative Defense
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`DC Comics comes to Court with unclean hands.
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`Thirteenth Affirmative Defense
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`DC Comics is not entitled to any relief because it sustained no injury or damages from
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`the acts complained of in the complaint.
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`Fourteenth Affirmative Defense
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`DC Comics’ damages are barred, in whole or in part, because they are too remote and
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`speculative.
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`Fifteenth Affirmative Defense
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`DC Comics’ claims are barred because Wozniak had permission, either express
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`or implied, to use the material at issue.
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`Sixteenth Affirmative Defense
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`Wozniak did not profit from the acts alleged in the complaint.
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`Seventeenth Affirmative Defense
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`DC Comics is guilty of copyright misuse.
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`Eighteenth Affirmative Defense
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`DC Comics’ claims are barred in whole or in part by the applicable statutes of limitations.
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`Eighteenth Affirmative Defense
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`6
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 7 of 8
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`Wozniak hereby gives notice that he intends to rely upon such other and further defenses
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`as may become available or apparent during discovery in this case and, thus, he reserves the right
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`to amend his Answer to assert any such defenses.
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`WHEREFORE, based on the foregoing responses and affirmative defenses
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`Wozniak request the following relief:
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`(a) judgment dismissing the DC Comics’ complaint in its entirety;
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`(b) an order granting Wozniak any costs or attorneys’ fees incurred in connection
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`with defending this action;
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`(c) an order declaring that Wozniak has not infringed any valid copyright owned
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`by DC Comics; and
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`(e) an order awarding such other and further relief as this Court deems just and
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`proper.
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`DEMAND FOR JURY TRIAL
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`Wozniak respectfully demands a trial by jury for all issues so triable in this
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`action.
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`Dated: January 11, 2023
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`Respectfully submitted,
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`/s/ R. Terry Parker
`R. Terry Parker, Esquire
`NY Bar No. 4704748
`Rath, Young & Pignatelli P.C.
`120 Water Street, 2nd Floor
`Boston, Massachusetts 02109
`(603) 226-2600
`rtp@rathlaw.com
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`
`Attorneys for Plaintiff
`Christopher Wozniak
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`7
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`Case 1:22-cv-08969-PAE Document 24 Filed 01/11/23 Page 8 of 8
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`/s/ R. Terry Parker
` R. Terry Parker
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that he caused the foregoing document to be filed with
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`the Court through the ECF system on the 11th day of January 2023, through which service is
`made electronically by the Court’s system to all counsel of record.
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`8
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