Nossen v. Hoy

750 F.Supp. 740 (E.D. Va. 1990)

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Nature of the Case

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Facts

Nossen (P) sued D for appropriate of his name, reputation, and work, for conversion of P's property, and quasi-contract. D was the Assistant Director of the Internal Revenue Service's Criminal Investigation Division. He is an expert in the field of detection and investigation of financial crimes. He has authored two works in his field: The Seventh Basic Investigative Technique and Determination of Undisclosed Financial Interest. These books, according to D's pleadings, were published for and by the United States Government, which holds the rights to them. D is a self-described publisher of 'controversial and unusual books.' He engages in mail-order sales of the books he publishes; some of these sales occur in Virginia. Among the books advertised for sale in the 1990 Loompanics catalog is a publication entitled Advanced Investigative Techniques for Private Financial Records, by Richard A. Nossen. This book is a combined reprinting of P's two works. Authorship is specifically attributed to P. D did not obtain P's consent or permission to do what he did. P alleges that D's activity has led the public to believe that P approves of D's publications and alleges that, as a result of D's appropriation of his name and reputation, P has suffered embarrassment, mental distress and damage to his professional reputation. P alleges that D's actions have and will continue absent intervention from this Court.