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IN THE UNITED STATED DISTRICT COURT

IN AND FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

LIVE THE LIFE MINISTRIES, INC.,

Plaintiff,

vs. CASE NO. 4:11-cv-00194-RH-WCS

THE PAIRS FOUNDATION, INC.; 

and PAIRS, LTD.

Defendants.

_____________________________/

THE PAIRS FOUNDATION, INC.; 

and PAIRS, LTD.

Counter Plaintiffs

vs.

LIVE THE LIFE MINISTRIES, INC., and

 RICHARD J. ALBERTSON, Individually

Counter Defendants,

___________________________________/

ANSWER AND COUNTERCLAIM

Defendants, The Pairs Foundation, Inc., and Pairs, Ltd. (collectively, the “Pairs Entities”) 

hereby answers Plaintiff, Live the Life Ministries, Inc.’s (“Live the Life”) Complaint. 

Jurisdiction and Venue

1. Admitted.

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2. Admitted.

3. Denied. PAIRS, Ltd. has been merged into The PAIRS Foundation, Inc., with 

The PAIRS Foundation, Inc. as the surviving entity.

4. Admitted.

5. Admitted.

Background

6. Without knowledge and therefore denied.

7. Admitted.

8. Admitted.

9. Defendants admit that Mrs. Gordon authored materials in the field of relationship 

skills as an employee of the Pairs Entities. Defendants deny that Mrs. Gordon was authorized to 

obtain copyright registrations in her individual name.

10. Defendants admit that Live the Life has developed program materials under the 

names “Start Smart” and “Adventures in Marriage.” Defendants are otherwise without 

knowledge and the remaining allegations in this paragraph are denied.

11. Without knowledge and therefore denied.

12. Without knowledge and therefore denied.

13. Without knowledge and therefore denied.

14. Without knowledge and therefore denied.

15. Without knowledge and therefore denied. Defendants deny that Mrs. Gordon was 

authorized to obtain copyright registrations for these works in her individual name.

16. Without knowledge and therefore denied. Defendants deny that Mrs. Gordon was 

authorized to obtain a copyright registration for this work in her individual name.

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17. Defendants are without knowledge as to when Live the Life obtained a copy of 

the Gordon Charitable Trust and as to what was attached, therefore denied.

18. Admitted.

19. Defendants admit that The PAIRS Foundation, Inc., owns the intellectual property 

rights in the PAIRS curriculum and in the PAIRS short programs, otherwise denied.

20. Without knowledge and therefore denied.

21. Defendants admit that Exhibit 3 to the Complaint contains communications from 

Defendant to Plaintiff, otherwise denied.

22. Defendants admit that they have demanded that Live the Life cease and desist 

from infringing Defendants’ intellectual property rights in PAIRS curriculum, otherwise denied.

23. Denied.

24. Without knowledge and therefore denied.

VERIFIED COUNTERCLAIM

Defendants, The PAIRS Foundation, Inc., and PAIRS, Ltd. (collectively, “PAIRS”), 

bring this counterclaim against Plaintiff/Counter Defendant Live the Life Ministries, Inc. (“Live 

the Life”) and Counter Defendant Richard J. Albertson (“Albertson”) and allege:

Nature of the Case

1. This is a civil action seeking damages and injunctive relief for: 

a. Breach of contract; 

b. Copyright infringement under United States Copyright Law (17 U.S.C. 

sec. 101 et seq.); and

c. Declaratory relief related to certain license agreements.

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The Parties

2. The PAIRS Foundation, Inc., is a Florida, not for profit corporation, with its 

principal place of business in Weston, Florida. PAIRS, Ltd., is a Virginia, not for profit 

corporation, that has been merged into The PAIRS Foundation, Inc. 

3. Live the Life is a Florida corporation with its principal place of business in 

Tallahassee, Florida.

4. Richard J. Albertson is the President of Live the Life and is the corporate officer 

who directs, controls, ratifies, participates in, or is the moving force behind the actions of Live 

the Life. 

Jurisdiction and Venue

5. This Court has federal question jurisdiction over this case pursuant to 28 U.S.C. 

sec. 1331 and 1338 by virtue of the United States Copyright Act, 17 U.S.C. sec. 101 et seq. 

6. This Court has supplemental jurisdiction over the state law claim raised herein 

pursuant to 28 U.S.C. sec. 1367 because the state law claim is so related to the original 

jurisdiction federal claim raised herein that it forms a part of the same case or controversy under 

Article III of the United States Constitution. 

7. This Court has personal jurisdiction over Counter Defendant Albertson as he is a 

resident of this judicial district.

8. Venue is proper in this District pursuant to 28 U.S.C. sec. 1391(b)(1), as a 

substantial part of the events giving rise to the claim occurred within this judicial district. 

9. This case is appropriately heard in the Tallahassee Division of the Northern 

District of Florida pursuant to N.D. Fla. Loc. R. 3.1(A)(1).

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10. All conditions precedent to the maintenance of this cause have been performed or 

have occurred. 

Background Facts

11. PAIRS was founded in 1983 by Mrs. Lori Gordon, and her now deceased 

husband, Rabbi Morris Gordon. PAIRS is an acronym for “Practical Application of Intimate 

Relationship Skills.” Mrs. Gordon is the author of numerous works in the field of relationship 

skills.

12. The original PAIRS materials were created and first published in 1988. The 

copyright for these materials (Registration Number: TX0002422429 dated June 30, 1988) is 

owned by PAIRS. A training manual and curriculum guide were developed and first published 

in 1989. The copyright for these materials (Registration Number: TX0002641343. dated May 9, 

1989) is owned by PAIRS (hereinafter, the “Original PAIRS Materials”). A copy of applicable 

registration information is attached as Exhibit A. 

13. Mrs. Gordon was the President of PAIRS from its founding until June 2008. 

During this period, Mrs. Gordon, as a PAIRS employee, authored both the Original PAIRS 

Materials and derivative works thereof. 

14. In 2008, Seth Eisenberg succeeded Mrs. Gordon as PAIRS’ President. As an 

employee of PAIRS, he also has developed derivative works that are based on the Original 

PAIRS Materials. These derivative works are typically workbooks and/or other training 

materials for workshops or classes of varying length and complexity. An example of such a 

work is attached as Exhibit B.

15. Since its inception, PAIRS’ mission has been to deliver knowledge and practical 

tools to help people create, nurture, resuscitate, and rekindle relationships. PAIRS has created a 

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network of professionals that are trained to understand and teach the PAIRS materials. Through 

this network, PAIRS has delivered its concepts, materials, and methods to people throughout the 

world. 

16. To control the quality of PAIRS’ training, PAIRS requires that providers of 

PAIRS’ training complete a rigorous, four-day program as a condition precedent to certification 

as a PAIRS provider. Further, PAIRS requires its providers to enter into a license agreement that 

restricts and controls the use of PAIRS’ materials and PAIRS’ trademarks.

17. At no time did PAIRS authorize any person, including Mrs. Gordon, to apply for, 

own, or obtain a copyright registration, in her individual name, in the Original PAIRS Materials 

or any derivative work based on the Original PAIRS Materials. 

18. In October 2006, Live the Life was awarded a grant under the Healthy Marriage 

Initiative from the United States Department of Health and Human Services Administration for 

Children and Families (“HHS/ACF”). Under this grant, Live the Life was obligated to provide 

certain marriage related training. Live the Life requested that PAIRS provide the required 

training materials and training system.

19. Albertson is the President of Live the Life and is responsible for, and directs and 

controls the actions of Live the Life.

20. In order for Live the Life to meet its obligations under the HHS/ACF grant, on or 

about November 30, 2006, Live the Life and PAIRS entered into a Capacity Building Training 

and Service Agreement (“CBTSA”). A copy of the CBTSA is attached as Exhibit C. Under the 

CBTSA, PAIRS agreed to train Live the Life staff members in the PAIRS system. Further, 

PAIRS agreed to provide certain PAIRS materials at a specified cost per copy of material. These 

materials are:

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a. PAIRS for LIFE Marriage Education Course (18 hour curriculum), $36 

per participant;

b. PRE-PAIRS Pre-Marital Education Course (5 hour curriculum), $15 per 

participant; and

c. PAIRS for PEERS Basic Ten Relationship Skills Course - High School (10 

session curriculum), $25 per participant

21. The CBTSA includes a Licensing Agreement (Exhibit B to the CBTSA, 

hereinafter, the “License Agreement”) under which Live the Life is granted certain rights to use 

PAIRS intellectual property, including PAIRS’ copyrights. The License Agreement specifically 

prohibits Live the Life from reproducing, storing electronically, or translating PAIRS materials 

without PAIRS written authorization. (License Agreement, Sec. 1, ¶ 3; Sec. 2, ¶ 3). 

22. Further, the License Agreement provides in Section 1, paragraph 8:

You have no right, title or interest in any of the PAIRS’ trademarks, copyrighted 

materials, curricula or materials excerpted, translated or derived from PAIRS 

except in connection with activities authorized and described in this Agreement.

23. Under the License Agreement, Live the Life was required to annually renew its 

license to use PAIRS materials and teach the PAIRS program. (Sec. IV; ¶ 1). Further, in 

section IV, paragraph 3 of the License Agreement, Live the Life agreed that it would not 

compete with PAIRS. This section provides:

During the term of this Agreement, and for two years after the effective date of 

termination of this Agreement, you agree not to participate directly or indirectly 

in development and/or marketing of courses or course materials based in whole or 

in part upon the original materials and sequenced concepts contained within 

PAIRS Curricula, or in competition with the PAIRS Programs. Your use of 

specific elements in the PAIRS curricula, which you can concretely demonstrate 

you learned via previous trainings in other programs of relationship education, 

would be excluded from this prohibition.

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24. On February 29, 2008, Albertson formally requested permission from PAIRS to 

use two elements from the PAIRS Curricula in Live the Life’s “Smart Start” pre-marital training 

materials that it was developing. A copy of the email making this request is attached as Exhibit 

D. At that same time, Live the Life provided a draft copy of the Smart Start training materials 

which incorporated the requested PAIRS elements. A copy of the portion of these training 

materials incorporating PAIRS Curricula is attached as Exhibit E. 

25. Because Albertson’s request was inconsistent with the License Agreement, 

PAIRS denied his request to use these two elements of the PAIRS Curricula in Live the Life’s 

Smart Start program. Further, PAIRS reminded Live the Life that it was obligated under the 

License Agreement not to compete with PAIRS.

26. At or about this time, Live the Life was developing at least two training programs 

that compete with PAIRS Programs. These programs include Smart Start, a pre-marital program 

that competes with PRE-PAIRS, and Adventures in Marriage, a marriage education program that 

competes with PAIRS for Life and/or PAIRS Essentials.

27. At the time that Albertson and Live the Life were developing Smart Start and 

Adventures in Marriage, as PAIRS’ licensees, they had access to the full range of PAIRS’ 

Curricula, and were provided PAIRS’ Curricula in both paper and electronic formats. 

Specifically, Albertson and Live the Life had access to PAIRS Live the Life and PAIRS 

Essentials.

28. Notwithstanding PAIRS refusal to allow Live the Life to incorporate PAIRS 

Curricula in Live the Life developed training materials, and notwithstanding the clear 

prohibitions in the License Agreement to the contrary, Albertson directed Live the Life to 

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continue to develop training materials that both incorporated PAIRS materials and are 

competitive to PAIRS materials.

29. On information and belief, beginning on or about May of 2009, Albertson 

directed Live the Life to publish and distribute Smart Start training materials containing at least 

the two elements of the PAIRS Curricula that Albertson had been denied permission to include 

in Smart Start.

30. Recognizing that Live the Life did not have the necessary authority to incorporate 

PAIRS materials in Smart Start, Albertson surreptitiously concocted a scheme to “end run” 

PAIRS. This scheme involved entering into license agreements with Mrs. Gordon that purport to 

grant Live the Life the permissions that were denied by PAIRS. 

31. The first license agreement between Live the Life and Mrs. Gordon was executed 

on June 26, 2009 (“First Gordon License”). The First Gordon License purports to grant Live the 

Life the right to use the PAIRS materials requested in February 2008. Moreover, this license 

significantly reduced the cost to Live the Life for the use of this PAIRS’ material.

32. Live the Life’s Start Smart training materials directly incorporate PAIRS 

materials, PAIRS’ sequenced concepts, and PAIRS’ selection, coordination and arrangement of 

materials. Below is a side-by-side comparison of two pages from the 2008 version of PAIRS 

Essentials and from Live the Life’s Smart Start.

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From PAIRS Essentials 2008 From Live the Life’s Smart Start

Supplementary material online at www.pairs.com/essentials

session one 21

DTR FOR NURTURING RELATIONSHIPS

The DAILY TEMPERATURE READING, also known as the “DTR,” is a tool for watering the garden 

of your most important relationships. With practice, the DTR becomes a habit, making it natural 

to look for — and express — appreciations to one another, keep each other up-to-date on the 

developments in our lives, ask questions about anything we’re wondering about so we don’t have 

to assume, express concerns or complaints directly along with speci! c requests for change, and talk 

about our individual and shared goals for the future. Many graduates have said using the DTR on a 

regular basis was the most important tool for creating and sustaining thriving relationships.

NOTES: REVIEW COPY

Supplementary material online at www.pairs.com/essentials

session one 23

GUIDE FOR CONFIDING ABOUT A COMPLAINT

• Make sure you have enough time to give your undivided attention, which should be a minimum of ten to 15 

minutes. Be fully present without distractions, with goodwill and empathy for each other.

• If you are the Speaker, use short sentences your partner can repeat back easily. Be aware of the intention 

behind your communication.

• As the Listener, repeat what you think you heard your partner say without exaggerating, using comments, 

distorting or giving advice. Remember, this is not a conversation; the Listener’s role is to listen to understand 

and to tangibly, and empathically, let the Speaker know that the message you are receiving is the message 

the Speaker intends. Listening to understand is a gift to the relationship.

• Use non-verbal cues such as nodding your head and making eye contact to show you are listening and that 

you understand.

• Validate your partner’s thoughts and feelings. The Listener’s job is to help the partner feel understood; not 

to agree, comment, judge, try to ! x the problem, or get into a discussion. 

• After completing Talking Tips, you can discuss the issue, reverse roles, or simply complete the exercise with 

appreciation for the information, awareness, perspective and understanding shared.

REVIEW COPY

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33. By letter dated November 9, 2009, PAIRS notified Live the Life that its Smart 

Start training materials violated numerous requirements of the CBTSA and its incorporated 

License Agreement. PAIRS further requested an accounting of, and payment of, fees due under 

the License Agreement for the use of PAIRS’ materials. Finally, PAIRS reminded Live the Life 

of the contractual requirement to renew its license if it desired to continue to be a PAIRS 

provider. A copy of this letter is attached as Exhibit F.

34. On November 17, 2009, Live the Life and Mrs. Gordon entered into a license 

agreement stating that the agreement “modifies and replaces” the First Gordon License. A copy 

of this license agreement is attached to Plaintiff’s Complaint as Exhibit 1.

35. On November 18, 2009, Live the Life renewed its license with PAIRS, thereby 

reaffirming Live the Life’s obligations not to compete with PAIRS and not to use PAIRS’ 

materials without PAIRS’ permission. A copy of Live the Life’s renewal is attached as Exhibit 

G. This renewal extended the term of the License Agreement through June 2, 2010 and extended 

Live the Life’s contractual non-compete obligation through June 2, 2012. See, License 

Agreement, Section IV.

36. Because Albertson and Live the Life knew that PAIRS would not agree to the 

inclusion of PAIRS materials in Adventures for Marriage, Albertson concocted a second license 

agreement with Gordon. On November 19, 2009, Live the Life entered into a second license 

agreement with Mrs. Gordon (“Second Gordon License”). The Second Gordon License purports 

to make Live the Life and Mrs. Gordon joint authors of Live the Life’s Adventures in Marriage

training materials and purports to give Live the Life the right to use PAIRS materials. A copy of 

the Second Gordon License is attached to Plaintiff’s Complaint as Exhibit 2. 

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37. Another purpose of the Second Gordon License is to significantly reduce Live the 

Life’s cost for training materials. Under the CBTSA, Live the Life is obligated to pay PAIRS 

$36 per participant in the PAIRS for Life program. Under the Second Gordon License, Live the 

Life is obligated to pay Mrs. Gordon $5 for every couple that purchases a copy of Adventures in 

Marriage, and $3 for each individual that purchases a copy of Adventures in Marriage. Further, 

Live the Life pays nothing to Mrs. Gordon if it gives away copies of Adventures in Marriage.

38. At the time that Live the Life entered into the First Gordon License, Albertson 

knew that PAIRS claimed proprietary rights in the materials purportedly licensed under the First 

Gordon License.

39. At the time that Live the Life entered into the First Gordon License, Albertson 

knew that PAIRS claimed copyright rights in the materials purportedly licensed under the First 

Gordon License.

40. At the time that Live the Life entered into the Second Gordon License, Albertson 

knew that PAIRS claimed proprietary rights in the materials purportedly licensed under the 

Second Gordon License.

41. At the time that Live the Life entered into the Second Gordon License, Albertson 

knew that PAIRS claimed copyright rights in the materials purportedly licensed under the 

Second Gordon License.

42. Prior to filing its Complaint, neither Albertson nor Live the Life provided PAIRS 

with a copy of the First Gordon License or the Second Gordon License.

43. Live the Life’s Adventures in Marriage program is offered by Live the Life in lieu 

of PAIRS’ PAIRS for Life and PAIRS Essential programs. 

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44. The PAIRS for Life participant handbooks in Live the Life’s possession contain a 

copyright notice identifying PAIRS, not Mrs. Gordon, as the copyright owner. The PAIRS 

Essential participant handbooks in Live the Life’s possession contain a copyright notice 

identifying PAIRS, not Mrs. Gordon, as the copyright owner.

45. Beginning in 2010, Live the Life ceased providing any PAIRS programs. At least 

as early as that time, Live the Life was providing its competing Start Smart and Adventures in 

Marriage programs. A comparison showing some of the use of PAIRS’ materials is below.

From PAIRS Essentials 2008 From Live the Life’s Adventures In Marriage

Supplementary material online at www.pairs.com/essentials

session two 33

NEGATIVE FEELINGS RISE TO THE TOP

The EMOTIONAL JUG is a way to think about emotions/feelings. Imagine pouring all of your feelings 

into an Emotional Jug. The feelings would settle in di! erent layers. At the very top of the Emotional 

Jug would be a ‘cork’ that attempts to keep their emotions from leaking out. The top layers of the 

Emotional Jug are the more powerful negative feelings that people have. These feelings are Anger, 

Fear, and Sadness. Sometimes people feel confused when all the negative feelings get jumbled up 

together. Guilt and shame are also feelings that " ll up the Emotional Jug. Negative feelings may 

implode or explode. On the way, they will often leak through dirty " ghting.

NOTES: REVIEW COPY

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From PAIRS Essentials 2008 From Live the Life’s Adventures In Marriage

46. In addition to directly copying PAIRS’ materials, Live the Life also copied the 

sequenced concepts included in the PAIRS’ materials and the selection, coordination, and 

arrangement of PAIRS’ materials.

47. Live the Life conducts “Adventures in Marriage Certification Training” programs

throughout Florida. A copy of an advertisement for such a training program is attached as 

Exhibit H.

48. Since at least as early as May 2009, Live the Life has developed and marketed 

courses that are based at least in part on the Original PAIRS Materials and sequenced concepts 

within the PAIRS Curricula, and that directly compete with PAIRS Programs.

Copyright © 2008 PAIRS Foundation, Inc. and Partnership Skills, LLC

essentials 10

LEVELS OF LEARNING

Unconscious

Competence

( I know it and do it; 

 it is a habit. )

 Conscious Competence

 ( I am learning. )

 Conscious Incompetence

 ( I know what I don’t know. )

 Unconscious Incompetence

 ( I don’t know what I don’t know. )

When learning something new, we all start out in a stage of UNCONSCIOUS INCOMPETENCE:

we don’t know what we don’t know. A goal of PAIRS is to reach the stage of UNCONSCIOUS 

COMPETENCE, where the skills you learn become habits. Learning about relationship dynamics 

and the attitudes and skills that contribute to successful relationships will help you become aware 

that there may be things you’re doing — or not doing — that are preventing you from experiencing 

the level of love, connection and ful! llment you most want.

NOTES: REVIEW COPY

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49. On information and belief, Live the Life has licensed third parties to reproduce 

and distribute works containing PAIRS materials.

50. On information and belief, Live the Life is providing its Smart Start and 

Adventures in Marriage materials to third parties without any restrictions on those third parties’ 

ability to reproduce, distribute, and use the materials.

51. As a result of Live the Life and Albertson’s actions, training materials 

incorporating PAIRS’ materials and sequenced concepts are available to third parties at little or 

no cost, are being used by people with little or no training in the PAIRS’ method, and are 

displacing PAIRS materials and training in the marketplace. 

52. The license agreements between Mrs. Gordon and Live the Life are ineffective as 

Mrs. Gordon did not have the authority to grant the licenses. 

53. Even if effective, the First Gordon License and the Second Gordon License do not 

license the uses actually made, and do not and cannot affect Live the Life’s contractual 

obligations to PAIRS established in the CBTSA. 

54. There is a present dispute and controversy regarding the legal effect of the First 

Gordon License and the Second Gordon License, and the parties’ rights thereunder.

Count I – Breach of Contract

55. PAIRS incorporates by reference paragraphs 1 through 54.

56. PAIRS and Live the Life are parties to the CBTSA and its incorporated License 

Agreement. 

57. PAIRS has fully performed all of its material obligations under the CBTSA.

58. Live the Life has breached the CBTSA by, inter alia:

a. failing to pay required fees;

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b. developing and marketing courses or course materials based in whole or in 

part upon the original materials and sequenced concepts contained within 

PAIRS Curricula;

c. developing and marketing courses or course materials in competition with 

the PAIRS Programs;

d. reproducing, distributing, and licensing the use of PAIRS Curricula 

without authority or permission to do so.

59. PAIRS has been damaged by these breaches.

60. PAIRS has a substantial likelihood of succeeding on its claim that Live the Life 

breached the CBTSA.

61. PAIRS has suffered irreparable harm in that Live the Life has, without authority, 

used and commercially exploited PAIRS’ intellectual property, has failed to provide proper 

attribution of PAIRS’ ownership and retention of rights in this intellectual property, has unfairly 

and deceptively competed against PAIRS using PAIRS’ own materials.

62. PAIRS has no adequate remedy at law.

63. The public interest will be served if Live the Life is enjoined from any continuing 

or further breaches of the CBTSA.

WHEREFORE, Counter-Plaintiff, PAIRS, demands judgment against Defendants, Live 

the Life and Albertson providing for:

a. An accounting of all uses made by Live the Life of PAIRS’ intellectual 

property, including but not limited to PAIRS’ trademarks, copyrights, and 

Curricula, including an identification of all third parties to whom Live the 

Life and/or Albertson have distributed PAIRS’ property, and including an 

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accounting of all grant monies and contributions received by Live the 

Life/Albertson in connection with conducting classes and trainings using 

materials containing PAIRS property;

b. Damages caused by Live the Life’s breach of the CBTSA;

c. Entry of preliminary and permanent injunctions enjoining Live the Life, 

its agents, servants, employees, and attorneys as well as any person or 

entity acting in concert or participation with them from making any use of 

PAIRS’ Curricula, training materials, copyrights, and trademarks; and 

mandating Live the Life, its its agents, servants, employees, and attorneys 

as well as any person or entity acting in concert or participation with them 

to surrender and return to PAIRS all PAIRS’ materials;

COUNT II – Copyright Infringement

64. PAIRS incorporates by reference paragraphs 1 through 54.

65. PAIRS is, and at all times relevant has been, the owner of United States Copyright 

Registrations numbers: TX0002422429, dated June 30, 1988 and TX0002641343, dated May 9, 

1989 (the “Copyrights”). 

66. PAIRS is the owner of the copyright is various derivative works based on the 

Copyrights, including but not limited to PAIRS Essentials, attached hereto as Exhibit B.

67. PAIRS, through the CBTSA, granted Live the Life certain, limited rights with 

respect to the PAIRS Curricula. PAIRS retained all ownership and copyright in and to this 

Curricula. 

68. Live the Life has infringed the Copyrights by, inter alia, reproducing and 

distributing the PAIRS Curricula without the authority or permission to do so.

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69. PAIRS is informed and believes that the foregoing acts of infringement have been 

willful and intentional, in disregard and in indifference to PAIRS’ rights. 

70. As a result of its wrongful conduct, Live the Life is liable to PAIRS for copyright 

infringement. 17 U.S.C. sec. 501. PAIRS has suffered damages. PAIRS is entitled to recover 

damages, which include any and all profits Live the Life has made as a result of its wrongful 

conduct. 17 U.S.C. sec. 504. Alternatively, PAIRS may be entitled to statutory damages under 

17 U.S.C. sec. 504(c). 

71. Additionally, because Live the Life’s infringement has been willful within the 

meaning of the Copyright Act, any award of statutory damages should be enhanced in 

accordance with 17 U.S.C. sec. 504(c)(2).

72. The conduct of Live the Life, and those working in concert with Live the Life, is 

causing, and unless enjoined and restrained by this Court, will continue to cause PAIRS great 

and irreparable injury that cannot be fully compensated or measured in money. PAIRS has no 

adequate remedy at law. Pursuant to 17 U.S.C. sec. 502 and 503, PAIRS is entitled to injunctive 

relief prohibiting Live the Life from further infringing PAIRS’ copyrights. 

73. PAIRS is also entitled to recover its attorney’s fees and costs of suit. 17 U.S.C. 

sec. 505. 

74. Pursuant to 17 U.S.C. sec. 504, PAIRS is entitled to recover any and all profits of 

Defendant that are attributable to its acts of infringement, as well as actual or statutory damages.

75. The amount of money due from Counter-Defendants to PAIRS is unknown and 

cannot be ascertained without a detailed accounting by Counter-Defendants of the precise 

number of units of infringing material reproduced, offered for distribution, and distributed by 

Counter-Defendants.

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WHEREFORE, Counter Plaintiff, PAIRS, requests judgment against CounterDefendants, Live the Life and Albertson, as follows:

a. That Counter-Defendants have willfully infringed PAIRS’ rights in the 

following federally registered copyrights under 17 U.S.C. sec. 501:

1. TX0002422429; and 

2. TX0002641343

b. For entry of preliminary and permanent injunctions enjoining CounterDefendants, their agents, servants, employees, and attorneys as well as any 

person or entity acting in concert or participation with them from 

imitating, copying, or making any other infringing use or infringing 

distribution of PAIRS materials under these Certificate of Copyright 

Registrations:

1. TX0002422429; and 

2. TX0002641343

c. For entry of preliminary and permanent injunctions enjoining CounterDefendants, their agents, servants, employees, and attorneys as well as any 

person or entity acting in concert or participation with them from engaging 

in any other activity constituting an infringement of any of PAIRS’ 

copyrights, or of PAIRS’ rights in, or right to use or to exploit these 

copyrights.

d. For entry of preliminary and permanent injunctions enjoining CounterDefendants, their agents, servants, employees, and attorneys as well as any 

person or entity acting in concert or participation with them from assisting, 

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aiding, or abetting any other person or business entity in engaging in or 

performing any of the activities referred to in paragraphs b. and d. above.

e. For entry of preliminary and permanent injunctions requiring CounterDefendants, their agents, servants, employees, and attorneys as well as any 

person or entity acting in concert or participation with them to return to 

PAIRS all PAIRS Curricula in Counter-Defendant’s possession;

f. That the Court enter an order requiring Counter-Defendants to provide 

PAIRS a full and complete accounting of all amounts due and owing to 

PAIRS as a result of Defendant’s illegal activities;

g. That the Court order Counter-Defendants to pay PAIRS’ general, special, 

actual, and statutory damages as follows:

1. PAIRS’ damages and Defendant’s profits pursuant to 17 U.S.C. 

sec 504(b), or in the alternative, enhanced statutory damages 

pursuant to 17 U.S.C. sec. 504(c)(2), for Counter-Defendants’ 

willful infringement of PAIRS’ copyrights; and

2. that the Court order Counter-Defendants to pay to PAIRS both the 

costs of this action and the reasonable attorney’s fees incurred by 

PAIRS in prosecuting this action.

3. that the Court grant to PAIRS such further relief as the Court 

deems just and proper.

COUNT III – Declaration of Invalidity of Gordon Licenses

76. PAIRS incorporates by reference paragraphs 1 through 54.

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77. The First Gordon License is invalid because Mrs. Gordon did not have the 

authority to make the grant contained therein.

78. The Second Gordon License is invalid because Mrs. Gordon did not have the 

authority to make the grant contained therein.

79. The First Gordon License is invalid because the materials licensed are merely 

derivative of the Original PAIRS Materials.

80. The Second Gordon License is invalid because the materials licensed are merely 

derivative of the Original PAIRS Materials.

81. Accordingly, PAIRS is entitled to an order declaring that the First Gordon 

License and the Second Gordon License are invalid ab initio.

RESPECTFULLY SUBMITTED this 30th day of June, 2011.

 /William H. Hollimon/ 

WILLIAM H. HOLLIMON

Florida Bar No. 0104868

Hollimon, P.A.

118 N. Gadsden St.

Tallahassee, Florida 32301

Telephone: 850/320.8515

bill@hollimonpa.com

Attorneys for The PAIRS Foundation, Inc.

Case 4:11-cv-00194-WS-CAS Document 12 Filed 07/11/11 Page 21 of 22
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VERIFICATION AND DECLARATION

I, Seth Eisenberg, President of The PAIRS Foundation, Inc. (“PAIRS”), hereby verify 

and declare under penalty of perjury that the factual allegations in the Verified Counterclaim

filed herewith are true, accurate, and support Counter Plaintiff PAIRS’ requests for relief.

Verified, declared, and signed this 30th day of June, 2011.

Seth Eisenberg

President, The PAIRS Foundation, Inc.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on June 30, 2011, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF which will send notification of such filing 

to parties of record:

Ruth E. Vafek

rvafek@ausley.com

and 

Martin P. Sipple

msipple@ausley.com

/s/William H. Hollimon

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