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Case: 2:11-cv-00206-GLF-EPD Doc #: 1 Filed: 03/04/11 Page: 1 of 10 PAGEID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

AMERICAN GLOBAL UNIVERSITY

:

Case No.:

SCHOOL OF MEDICINE

:

Belmopan / San Pedro Belize

:

Hon. Judge:

U.S. Mailing Address

:

2602

Oakstone Dr. Suite 6

:

COMPLAINT FOR COPYRIGHT

Columbus, OH 43231

:

INFRINGEMENT AND

:

INTELLECTUAL PROPERTY

Med Serve International, LLC

:

INFRINGEMENT

118 Graceland Blvd. Ste. 311

:

Columbus, OH 43214

:

:

Malik J. Soudah

:

8065

Reynoldswood Dr.

:

Reynoldsburg, OH 43068

:

:

 

Plaintiffs,

:

 

:

v.

:

:

RADOSLAW LEWKOWSKI

:

18 East Old Willow Road

:

Suite 519

:

Prospect Heights, IL 60070

:

:

American Global University, LLC

:

5600

N. River Road, Suite 800

:

Chicago, IL 60018

:

:

 

Defendants.

:

 

:

COMPLAINT FOR COPYRIGHT INFRINGEMENT, INTELLECTUAL PROPERTY INFRINGEMENT, DAMAGE TO REPUTATION AND LOSS OF WEBSITE TRAFFIC

Plaintiff American Global University School of Medicine (“AGUSM”) for its complaint

against defendant Radoslaw Lewkowski (“Lewkowski”) states as follows:

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NATURE OF THE ACTION

1. This is an action for copyright infringement under 17 U.S.C. § 501, trademark

infringement under 15 U.S.C. § 1114 and unfair competition, false designation of origin,

infringement and misleading representation of facts arising under 15 U.S.C. §1125(a).

THE PARTIES

2. AGUSM is a medical school organized under the laws of the Country of Belize

and the State of Ohio. Its principal place of business is located at Manatee Drive, San Pedro

Town, Ambergris Caye, Belize, C.A., and its U.S. office is located at 118 Graceland Boulevard,

Suite 311, Columbus, OH 43214.

3.

AGUSM

owns

and

operates

its

website,

agusm.org,

and

owns

all

of

the

trademarks, website codes, and files associated with it.

4. Lewkowski, upon information and belief, is an individual residing at 18 East Old

Willow Road, Prospect Heights, IL 60070.

5. Upon information and belief, Lewkowski knowingly and willfully directed,

oversaw and actively engaged in the infringing activities complained of herein.

JURISDICTION AND VENUE

6. This is an action for copyright infringement under the Copyright Act, 17 U.S.C. §

101 et seq., trademark infringement under 15 U.S.C. § 1114 and unfair competition, false

designation of origin, infringement and misleading representation of facts under 15 U.S.C. §

1125(a).

7. This court has jurisdiction over this matter under 28 U.S.C. §§ 1132(a), 1331 and

1338(a). Venue is proper in this Court under 28 U.S.C. § 1391(b)(2) and/or (3).

BACKGROUND FACTS

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8. AGUSM is a medical school established under the name “American Global

University School of Medicine” in Belize.

9. AGUSM has been accredited as such with the Government of Belize’s Ministry of

Education. The Government of Belize issued a charter to AGUSM on November 2, 2005, and

AGUSM has also been certified in Belize under the Companies Act (CAP 250, Section 17).

10. AGUSM does not have a campus in Netherlands Antilles. American Global

University (“AGU”), AGUSM’s parent university, does not have authorizing agent who has

leased or taken occupancy of classrooms, offices, dormitories, etc. to facilitate a medical school

curriculum in Netherlands Antilles.

11. Malik J. Soudah (“Soudah”) is the president of AGUSM and is one of two

managing member of Med-Serve International, LLC (“Med-Serve International”). The U.S.

Government has issued Med-Serve International an Employer Identification Number (“EIN”) to

operate AGUSM’s U.S. offices in Ohio.

12. Peggy J. Allen (“Allen”) is the Registrar and Director of Admissions and

Administration at AGUSM.

13. Soudah and Allen are the only two persons authorized to sign documentation on

behalf of AGUSM.

14. AGUSM has been issued a listing under the International Medical Education

Directory (“IMED”), an affiliation that is needed for medical schools to prove accreditation.

15. AGUSM operates its official website at www.agusm.org.

16. Lewkowski is a former AGU employee.

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17. While employed at AGU, Lewkowski commandeered and changed AGUSM

website files and codes, and has accessed secure information with the intent to defraud AGUSM,

its Administration, students, and potential/future students.

18. Lewkowski also took control of AGUSM’s e-mail server, which hosted

agusm.org e-mail accounts. Consequently, the AGUSM Administration has been completely

blocked from files and e-mail accounts crucial to the operations of its medical school.

19. When Lewkowski left AGUSM he refused to turn over the content and files of the

AGUSM website.

20. Furthermore, Lewkowski has forwarded malicious e-mails defacing AGUSM

operations and its administration to contacts contained within the e-mail accounts and files.

21. Lewkowski created a fictitious medical school named “The Caribbean Medical

University” (“CMU”). CMU does not have an accredited program. He also created “dba” named

“American Global University”, and claimed that he had accreditation.

22. Lewkowski also created a deceiving email ID, admission@agusm.org , confusing

students who would not notice the “s” missing. Lewkowski used this email ID to confuse

students, potential students and divert traffic.

23. The Government of Netherlands Antilles has stated that CMU may operate in

Curacao only under that name.

24. Lewkowski used the stolen AGUSM official website/e-mail server codes and files

to create two entirely fictitious websites, www.cmumed.org and www.agumed.org, which divert

traffic from the AGUSM website, and lead current and prospective students to the fraudulent and

nonexistent CMU in Curacao, Netherlands Antilles.

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25. These fictitious websites also used stolen AGUSM images to suggest affiliation

with both AGUSM and AGU.

26. Several current students notified AGU that tuition and application fees have been

charged against their accounts in the name of AGU, but AGU never authorized these payments.

27. Upon information and belief, Lewkowski is using a Chase Bank merchant account

to collect fees from unsuspecting students’ credit card accounts. The fraudulent fees are then

deposited into Lewkowski’s own personal/business account with Chase Bank. The $1,000.00

fee is ‘non-refundable.’ Many students have been burned and deceived by Lewkowski. This has

caused great damage to AGU’s name and reputation as most students are confused and attribute

this deceit to AGU.

28. Upon information and belief, when a student visits the website to submit an

application and pay an application fee, Lewkowski has routed payment to his Chase Bank

account. Each student completing an application was charged a fee of $75.00.

29. Upon information and belief, when a student paid his or her tuition online,

Lewkowski routed the payment to his Chase Bank account. Tuition payments range from

$1,000.00 to $7,900.00. Upon information and belief the funds are immediately transferred to

different accounts all over the world.

30. Upon information and belief, when a student signed up for an online tuition

payment plan, Lewkowski routed the student’s credit card payments to his Chase Bank account.

31. Upon information and belief, when a student submitted a personal check to pay

for the application fee or other miscellaneous fees (e.g. Request for Transcript), Lewkowski

submitted the check as an ACH Debit through the Chase Bank merchant account to his personal

Chase Bank account.

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32. Prospective students notified AGU that Lewkowski charged a loan application fee

to them for a loan not even available for AGUSM. Each student who completed a loan

application was charged a fee of $200.00. Upon information and belief, the student’s payment of

this fee was routed to Lewkowski’s Chase Bank account.

33. The total amount of tuition and/or fees diverted to Lewkowski’s Chase Bank

account is unknown, but AGU reasonably suspects a total over $500,000.00.

34. Lewkowski engaged in similar infringing activities while an employee at the Saint

James School of Medicine (“SJSM”) Chicago office. He was fired on January 17, 2007 for

stealing important files/codes from the SJSM database and using them to create the entirely

fictitious website for CMU, www.cmumed.org and divert traffic.

35. After dismissal from SJSM, Lewkowski received unemployment benefits. Upon

SJSM’s protests, the benefits were cancelled.

36. As of August-September 2009, AGUSM has informed interested parties of

Lewkowski’s infringing activities and fraudulent transactions. These parties include Chase Bank

Fraud Referral Department, the Columbus, Ohio Police Department – Consumer Fraud Division,

the Illinois Attorney General Consumer Fraud Division, the Prospect Heights, Illinois Police

Department, the Bank of Netherland Antilles, and various Ministries within the Government of

Netherland Antilles.

37. On February 9, 2011, the webhost GoDaddy.com temporarily suspended the two

fictitious websites from operation after receiving a complaint from Soudah and AGUSM.

38. On February 10, 2011, GoDaddy.com contacted Lewkowski to inform him of this

complaint and the options available to him.

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39. That same day, Lewkowski replied to GoDaddy.com’s suspension notification. In

his e-mail, he stated, “Our school name is American Global University that has been registered

both in Curacao and in U.S. …” He also stated,“I certify under the penalty that there is no

coding, text, photos, or any other intellectual property on our website that was copied from the

claimant.”

40.

Also on February 10, in a second e-mail response to GoDaddy.com, Lewkowski

stated that no materials have been removed from the AGUSM website and the issue only

concerns the similarity of name, not website materials. He further added, “This is to certify under

penalty of perjury that I have a good faith belief that there are no materials on our website that

were copied from the claimant website.”

41. As of February 19, 2011, the two fictitious websites remain suspended.

42. The following pieces of evidence are attached:

a. Exhibit A: Complaints from students that have been defrauded by Mr.

Lewkowski;

b. Exhibit B: Reports from AGUSM regarding Mr. Lewkowski’s fraudulent

activities;

c. Exhibit C: Warning issued to students of AGUSM regarding Mr.

Lewkowski’s fraudulent activities;

d. Exhibit D: Warning issued to Mr. Lewkowski;

e. Exhibit E: Letter from a previous victim of Mr. Lewkowski’s scams, Dr.

Kallol Guha, President of the St. James School of Medicine;

f. Exhibit F: Complaints from AGUSM sent to various banks and other

institutions regarding Mr. Lewkowski’s fraudulent activities;

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g. Exhibit G: Communications with Medical certification bodies regarding Mr.

Lewkowski’s fraudulent activities.

COUNT ONE

COPYRIGHT INFRINGEMENT

43. Plaintiff AGUSM incorporates the allegations of paragraphs 1 through 38 as if

fully set forth herein.

44. The www.agusm.org images, codes and files are original works and copyrightable

subject matter under the laws of the United States.

45. Plaintiff owns the intellectual property associated with everything related to

www.agusm.org images, codes and files.

46. Plaintiff has the exclusive right to reproduce the www.agusm.org images, codes

and files, and the exclusive right to authorize such reproduction and distribution.

47. Lewkowski copied and reproduced for his own commercial use Plaintiff’s

copyrighted website images, codes and files.

48. Lewkowski’s conduct is in violation of the intellectual property owned by

AGUSM.

49. Lewkowski’s infringement of AGUSM’s intellectual property was willful.

50. Upon information and belief, Lewkowski has been and will continue to willfully

infringe upon AGUSM’s intellectual property through his use of the two fictitious websites to

mislead current and prospective students.

51. Lewkowski’s acts of infringement have caused, and continue to cause irreparable

damage to AGUSM.

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52. As a result of Lewkowski’s acts of infringement and the foregoing allegations,

AGUSM has suffered damages of at least $500,000.

COUNT TWO TRADEMARK INFRINGEMENT

53. Plaintiff incorporates the allegations of paragraphs 1 through 49 as if fully set

forth herein.

54. AGUSM’s name, e-mail server and affiliated accounts, website images and

codes/files are trademarks that belong solely to AGUSM.

55. Lewkowski has used and is using these trademarks for his own commercial use

without the consent of AGUSM.

56. Lewkowski’s unauthorized use of AGUSM’s trademarks has caused and will

continue to cause confusion for current and prospective AGUSM students.

57. Lewkowski’s unauthorized use of AGUSM’s trademarks has deceived and will

continue to deceive current and prospective AGUSM students.

58. Lewkowski’s acts of infringement have caused, and continue to cause irreparable

damage to AGUSM.

59. As a result of Lewkowski’s acts of copyright infringement and the foregoing

allegations, AGUSM has suffered damages of at least $500,000.

COUNT THREE FALSE DESIGNATION OF ORIGIN/UNFAIR COMPETITION

60. Plaintiff incorporates the allegations of paragraphs 1 through 56 as if fully set

forth herein.

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61. Lewkowski’s use in commerce of two fictitious websites bearing AGUSM’s

name, affiliation with AGU, images, and other files/codes falsely represents that such items

originate with, are sponsored, endorsed, underwritten and/or licensed by AGUSM.

62. Lewkowski is not authorized to use AGUSM trademarks and AGUSM cannot

exercise any control over the nature and quality of the fictitious websites.

63. Upon information and belief, Lewkowski’s false designation of origin and

misleading representations have been willful and deliberate, designed specifically to trade upon

the consumer goodwill enjoyed by AGUSM among current and prospective medical students.

64. AGUSM’s goodwill and trusted reputation among current and prospective

medical students is of enormous value, and AGUSM has suffered and will continue to suffer

irreparable harm if Lewkowski’s false designation of origin as to AGUSM’s trademarks, website

codes/files, and images are allowed to continue.

Respectfully Submitted, HARRISON ALO, Attorneys at Law

/s/Noure Alo

Noure Alo (0078288) HARRISON ALO, Attorneys at Law Attorney for Plaintiff 4249 Easton Way, Suite 125 Columbus, OH 43219 (614) 428-8472 Ph. (614) 428-7676 Fax Noure@harrisonalo.com

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