Scott Bizar v. Jeffrey Dee

MEMORANDUM

In the 1970s, Jeffrey Dee and Jack Herman contracted with Fantasy Games Unlimited, Inc. (“FGU, Inc.”), to publish their fantasy role-playing game, Villains and Vigilantes. FGU, Inc., dissolved in 1991, but the company’s co-founder and former vice president, Scott Bizar, continued to sell Villains and Vigilantes and related products. Over the years, the business relationship soured. In 2010, Dee and Herman began publishing and selling Villains and Vigilantes and related products.

In 2011, Dee and Herman filed án action (“Dee/Herman Action”) in the United States District Court for the Middle District of Florida against Bizar, alleging copyright infringement. Three months later, Bizar filed an action (“Bizar Action”) in the United States District Court for the District of Arizona, alleging defamation, commercial disparagement, trademark infringement in violation of federal law, related violations of state law, and breach of contract. The Florida action was transferred to Arizona, and the district court consolidated the cases. The district court entered a default judgment against Dee and Herman on the defamation and commercial disparagement claims, held a hearing, and…