NOSSEN V. HOY
750 F.Supp. 740 (E.D. Va. 1990)
NATURE OF THE CASE: The parties are before the Court on Hoy's (D) Motion to Transfer and
Motion to Dismiss.
FACTS: Nossen (P) sued D for appropriate of his name, reputation and work, for conversion
of P's property, and for 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
catalogue 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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