what has he ever thought through?

werd

sadly, it's been creeping in here. one hummer with one passanger at a time.

Craig Kelly Forever.

NATE BOZUNG, : COMPLAINT FOR DAMAGES
:
Plaintiff, ::
v. ::
TECHNINE, INC., AND JOHN DOES 1-X, : Case No.
:
Defendant. : Judge
:
ooo0ooo
COMES NOW the Plaintiff, Nate Bozung, by and through his attorney of record, A. Jason
Velez, Esq., of the Law Firm of LAWRENCE & VELEZ, LLC, and for cause of action alleges the
following against the Defendants:
FIRST CAUSE OF ACTION
1. The Plaintiff is a resident of the State of Utah, and has been residing in Salt Lake
County prior to the commencement of this action and during the time of the events occurred in this
case.
2. The Plaintiff is a professional snowboarder with a worldwide reputation as being
such and has authority in the field of professional snowboarding.
Case 2:06-cv-00691-PGC Document 2-1 Filed 08/21/2006 Page 1 of 6

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3. The Defendant, Technine, Inc., is a corporation as organized and existing in the
State of Vermont and the principle place of business for the Defendants is in the State of Vermont.
4. The Defendant is engaged in the manufacturing and selling of snowboards.
5. The Defendants, John Does 1-X, are and have been engaged in the business
operations and activities of the Defendant, Technine, Inc. At this time, the names and identities
of these individuals are unknown and will be and can be revealed through discovery and further
proceedings in this case. It is believed that the Defendants, John Does 1-X, have and are presently
using the name and the reputation of the Plaintiff to endorsed Technine’s products and have
obtained substantial benefits from the same.
6. The matter in controversy exceeds exclusive adventures and costs in the sum of
$75,000.00.
7. The Defendants, as an inducement to the general public to purchase snowboards,
bindings, and clothing (“products”) have extensively advertised their products throughout the
United States as being approved and recommended by the Plaintiff. A copy of such an
advertisement which appeared in the 2005/06 catalog, is attached hereto as Exhibit “A” and is
incorporated herein by this reference.
8. The Defendants are presently representing that the Plaintiff endorsed their products
and have obtained substantial benefits from the same.
9. The Defendants are publishing said advertisements and marketing representations
without the Plaintiff’s consent and the Defendant continues to do so despite the Plaintiff’s demands
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to cease such unauthorized actions to use the Plaintiff’s name to advertise to and to promote the
selling of snowboards and its products.
10. Upon information and belief, the Plaintiff alleges that the Defendants’ have derived
substantial pecuniary benefits from such unauthorized use of the Plaintiff’s name.
11. The Defendants’ unauthorized use of the Plaintiff’s name and reputation to advertise
snowboards and its products evades the Plaintiff’s privacy, defrauds the general public and
defrauds the Plaintiff’s professional prestige standing amongst the Plaintiff’s colleagues and the
snowboarding industry by referring that the Plaintiff has a personal pecuniary interest in the
snowboards.
12. Such has caused the Plaintiff severe mental and emotional distress to damage his
reputation in the sum of $100,000.00.
13. Itemized special damages sustained, if any, such as loss of profits from business,
are as follows:
A. Lost of ability to contract.
B. Diminished value of services.
C. Loss of profits for services rendered.
14. The Plaintiff seeks specific and special damages in the sum of $500,000.00 due to
the Defendant’s actions and representations.
15. The Defendants’ unauthorized use of the Plaintiff’s name to advertise and promote
snowboards and its products coupled with the Defendants’ knowledge, through its authorized
agents and employees, the Plaintiff had not authorized the use of his name and likeness and is
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evidence of malicious and a blatant disregard to the Plaintiff’s feelings and reputations, for which
the Plaintiff seeks punitive damages in the amount of $1,000,000.00.
16. The continuing unauthorized use of the Plaintiff’s name to advertise and to promote
for the pecuniary benefit of the Defendants will cause further irreparable damage to the Plaintiff’s
name and reputation unless such actions are enjoined.
SECOND CAUSE OF ACTION
17. The Plaintiff hereby incorporates Paragraphs 1-17 on the above action.
18. The Defendants have appropriated the name and like of the Plaintiff in violation of
the Utah Abuse of Personal Identity Act under UCA §45-3-1, et. seq.
19. The names and likeness of the Plaintiff has intrinsic value which has been used and
appropriated for the Defendants’ benefit.
20. The Defendants may also have committed criminal violations under UCA §76-9-
407.
WHEREFORE, the Plaintiff prays for the following relief against the Defendants as
follows:
A. The Defendants, by and through its agents, officers, directors, or employees, during
the pendency of this action and permanently afterwards to not use the Plaintiff’s name and
reputation without the expressed and written authorization from the Plaintiff to advertise or to
promote the snowboards and/or any other product or service manufacture sole by the Defendants
for its use and purpose.
B. For general damages in the sum of $100,000.00.
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C. For specific and special damages in the sum of $500,000.00.
D. For punitive damages in the sum of $1,000,000.00.
E. The fees and costs in bringing this action to the Court’s attention.
F. For such other relief that is just and proper and as more fully requested in the
Complaint above.
DATED this 17th day of August, 2006.

for punitive damages

Thats a lot of dough. Not sure I get it... I am pretty sure that Boznutz had two years worth of pro models on T-9 - I wonder if his contract expired before vegas or not... regarldess sounds like a big mess for all parties involved...

Call me crazy but Boznuts wasn't even snowboarding that year- moved to CA and was hanging out before he realized what he had had.