NXIVM Corporation and First Principles, Inc. v. The Ross Institute, Civil No. 03-976, 2003 WL 22298756 (N.D.N.Y. preliminary injunction denied Sept. 9, 2003), aff’d, 364 F.3d 471 (2d Cir. April 20, 2004), cert. denied, 543 U.S. 1000 (U.S. Nov 29, 2004).

Status: Transferred to D. N.J. (Feb. 2006) (see above).

The organization NXIVM, which provides an expensive training program called “Executive Success" and requires participants to sign a non-disclosure agreement, sued a "cult de-programmer" and two writers who authored and posted on the Internet a report on plaintiff’s program using quotes from their copyrighted seminar manual. The defendants posted the material, which they obtained from a former seminar participant, on their web site. The federal district court denied a preliminary injunction barring the defendants from using the materials. The appeals court agreed, and the U.S. Supreme Court declined to review the decision.

In February 2006, the case was transferred to federal court in New Jersey (see above).

Links and Court Documents:
2d Circuit decision: http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAzLTc5NTJfb3BuLnBkZg==/03-7952_opn.pdf
mentioned in http://www.law.com/jsp/article.jsp?id=1136838328818

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