[AZ-Observing] RC Optical v Meade
- From: Sam&Anne <sam&anne@xxxxxxxxx>
- To: az-observing@xxxxxxxxxxxxx
- Date: Wed, 13 Dec 2006 22:07:29 -0700
AZ company in court against Meade. short course in optical design too.
..............sam
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------
DANIEL AZARI, PAUL T. JONES D/B/A
STAR INSTRUMENTS and RC OPTICAL
SYSTEMS INC.,
Plaintiffs,
-against
) AMENDED
) COMPLAINT
)
) Plaintiffs
B&H PHOTO-VIDEO.COM CORP., ADORAMA, INC. ) Demand
MEADE INSTRUMENTS CORP., ) Trial By Jury
20/20 TELESCOPES & BINOCULARS, LLC, )
ANACORTES TELESCOPE AND WILD BIRD, )
INCORPORATED, ASTRONOMICS / )
CHRISTOPHERS, LTD, DURANGO SKIES, LLC, )
OPT CORP., SKIES UNLIMITED, LLC, )
THRALOW INC., HANDS ON OPTICS, INC., )
WOLFE'S CAMERA SHOPS, INC., )
MICHAEL HARLESS, OPTICSPLANET, INC., )
SCOPE CITY, INC., JOHN DOE NOS. 1-50 and )
and JANE DOE NOS. 1-50, )
)
Defendants. )
-------------------------------------------
Plaintiffs DANIEL AZARI, PAUL T. JONES d/b/a STAR
INSTRUMENTS and RC OPTICAL SYSTEMS INC. (collectively,
"Plaintiffs") for their Amended Complaint allege:
THE PARTIES AND JURISDICTION
1. Plaintiff DANIEL AZARI ("Azari"), an individual, is a
citizen of the State of Florida.
2. Plaintiff PAUL T. JONES ("Jones"), an individual, is a
citizen of the State of Georgia. Jones is the proprietor
of Star Instruments ("Star Instruments").
3. Plaintiff RC OPTICAL SYSTEMS INC. ("RC Optical") is
incorporated in the State of Arizona, where it maintains
its principal place of business.
[list of defendants identities and place of business]
19. JOHN DOE nos. 1-50 and JANE DOE nos. 1-50 are fictitious
names for employees of Meade whose identities presently are
unknown to Plaintiffs, but who are further identified below
and are expected to be identified by name after discovery.
On information and belief, JOHN DOE nos. 1-50 and JANE DOE
nos. 1-50 are citizens of California.
20. As is set forth in detail below, the amount in controversy
exceeds the sum of $75,000.00, exclusive of costs and interests.
21. As is set forth in detail below, Plaintiffs seek relief
pursuant to the Lanham Act, 15 U.S.C. §1125.
22. As is set forth in detail below, Plaintiffs seek relief
pursuant to the Racketeer Influenced and Corrupt Organizations
Act ("RICO"), 18 U.S.C. § 1964.
23. Jurisdiction is proper pursuant to 28 U.S.C. §§ 1331 and 1332.
FACTS COMMON TO ALL CAUSES OF ACTION
24. Star Instruments is a manufacturer of professional quality
optics. 25. RC Optical Systems designs and manufactures quality
telescopes and imaging instruments for government, military,
institutional, and professional and amateur astronomers.
26. Star Instruments and RC Optical Systems concentrate their
businesses on a particular form of two-mirrored Cassegrain
telescope known as "Ritchey-Chretien," named after the two scientists
who invented the design early in the 20th century. Star
Instruments is the leading manufacturer of Ritchey-Chretien
optical systems. RC Optical is the leading manufacturer of
telescopes incorporating Ritchey-Chretien optics. Star Instruments
manufactures Ritchey-Chretien optical systems incorporated in
Ritchey-Chretien telescopes manufactured by RC Optical Systems.
THE RITCHEY-CHRETIEN FORM OF THE CASSEGRAIN TELESCOPE
27. There are three basic types of telescopes: refractors, reflectors
and catadioptric sensors.
28. A refractor telescope is a type of optical telescope that refracts
or bends light at each end using lenses. Refracting telescopes have
three main parts to them: the tube (which is usually made out of metal,
plastic or wood) and two convex glass lenses. When light travels through
the objective lens, the light refracts, converges and creates a real
image in the middle of the tube, close to the eyepiece lens. The
eyepiece lens at the bottom then magnifies the real image of the object
making the image seem larger. This can enable a user
to view the image of a distant object like a star as if it were
brighter, clearer and larger.
29. A reflecting telescope is an optical telescope which uses a
combination of curved and flat mirrors to reflect light and form an
image, rather than lenses to refract or bend light to form an image. A
curved primary mirror is the reflector telescope's basic
optical element and creates an image at the focal plane. Film or a
digital sensor may record the image, or an eyepiece may be used for
visual observation.
30. Catadioptrics are a combination of a refractor and reflector
telescope, using both mirrors and lens to focus the incoming light.
31. Historically, the refractor was initially the more popular tool for
manufacturing reasons. Early manufacturing shops were unable to produce
mirrors of sufficient quality for use as reflecting telescopes, and were
unable to design a reflecting telescope where the head of the person
viewing the image did not block the reflected light (the
"front-view obstruction problem").
32. A weakness of refractors is chromatic aberration. Chromatic
aberration is caused by a lens having a different refractive index for
different wavelengths of light. Differing wavelengths of
light are dispersed as they pass through a lens, as in a rainbow. In
optics, this results in purple fringing and a blurred image.
33. British scientist Sir Isaac Newton implemented the first reflector
circa 1670. He designed the reflector in order to solve the problem of
chromatic aberration. Reflector mirrors eliminate chromatic aberration
because, unlike a lens used in refractors, light does not pass through a
mirror; it reflects and the wavelengths of light are not dispersed as
they reflect. Newton also solved the front-view obstruction problem by
positioning the mirrors at angles.
34. The Cassegrain reflector is a combination of two mirrors used in
some telescopes, which are then known as Cassegrain telescopes. First
developed in 1672 by Laurent Cassegrain, this reflector is a combination
of a primary concave mirror and a secondary convex mirror, both aligned
symmetrically about the optical axis defined in form as a parabolic
primary and a hyperbolic secondary.
35. Ordinary Cassegrain reflector mirrors eliminate chromatic
aberration but still produce spherical aberration and coma. Spherical
aberration is an image imperfection that occurs due to the increased
refraction of light rays that occurs when rays strike a lens or mirror
near its edge, in comparison with those that strike nearer the center.
Coma is an optical aberration in an astronomical telescope which causes
a V-shaped flare to the image of a star.
36. Coma is an inherent property of telescopes using parabolic
mirrors. Light from a point source (such as a star) in the center of the
field is perfectly focused at the focal point of the mirror. When the
light source is off- center (off-axis), however, the different parts
of the mirror do not reflect the light to the same point. This results
in a point of light that is not in the center of the field looking
wedge-shaped. This effect worsens as the light moves further off-axis.
This causes stars to appear to have a cometary coma, hence the name
"coma" for the effect.
37. Spherical aberration is an image imperfection that occurs due to
the increased refraction of light rays that occurs when rays strike a
lens or mirror near its edge, in comparison with those that strike
nearer the center. For small telescopes using spherical mirrors with
shorter focal ratios, light from a distant point source (such as a star)
is not all focused at the same point. Particularly, light striking the
inner part of the mirror focuses further from the mirror than light
striking the outer part. As a result the image cannot be focused as
sharply as if the aberration were not present.
38. The Ritchey-Chretien form of the Cassegrain telescope is an
important modification of the classical Cassegrain two mirror telescope.
It was invented by George Willis Ritchey and Henri Chrétien in the early
20th century; the first Ritchey-Chretien was made for the U.S. Naval
Observatory in the 1930s. The Ritchey-Chretien design is a specialized
Cassegrain reflector which has two hyperbolic mirrors (instead of a
parabolic primary). The curvature of the two mirrors in the
Ritchey-Chrétien design are described by the following relationships:
where:
* C1 and C2 are the Schwarzschild deformation coefficients for the
primary and secondary mirrors, respectively,
* F is the effective focal length of the entire system,
* B is the back focal length, or the distance from the secondary to
the focus, and
* D is the distance between the two mirrors.
39. The design of the Ritchey-Chretien corrects for coma and
spherical aberration. The Ritchey-Chretien design is free of coma and
spherical aberration at a flat focal plane, making it well suited for
wide field and photographic observations. Because it is a
reflector telescope, it does not suffer from chromatic aberration,
unlike catadioptric or refractor telescopes.
40. The Ritchey-Chretien form of the Cassegrain telescope is the
optimal design available with today's optical technology. It is the
design used for advanced astronomy, such as the Hubble Space Telescope.
DEFENDANTS FALSELY MARKET MEADE'S DESIGN AS A RITCHEY-CHRETIEN-DESIGN
INCORPORATING RITCHEY-CHRETIEN OPTICS
41. Meade is a manufacturer of consumer telescopes for amateur
astronomy enthusiasts, as well as for business and government.
Commencing in 2005, Defendants began to advertise falsely that Meade's
RCX 400 series telescopes are Ritchey-Chretien telescopes incorporating
Ritchey-Chretien optics. Commencing in March, 2006, Defendants began to
advertise falsely that Meade's LX200R series telescopes are
Ritchey-Chretien telescopes incorporating Ritchey-Chretien optics. Meade
advertised: "Now you can own what the professionals own."
42. The acronym "RC" in the model name of the RCX 400 series
telescopes and the letter "R" in the model name of the LX200R series
telescopes imply falsely that the telescopes are Ritchey-Chretien
telescopes and incorporate Ritchey-Chretien optics.
43. The RCX 400 series telescopes and the LX200R series telescopes
bear markings or imprints including the acronym "RC" or the letter "R"
on the telescopes or containers, implying falsely that the telescopes
are Ritchey-Chretien telescopes and incorporate Ritchey-Chretien optics.
44. The Meade telescopes do not have Ritchey-Chretien optics. The
RCX400 and LX200R optical design consists of a slightly hyperbolic to
ellipsoidal secondary mirror and a spherical primary mirror with a
corrector lens, instead of two strongly hyperbolic mirrors having the
defining Ritchey- Chretien curvature. The RCX400 and the LX200R are
catadioptric telescopes (combination mirror and lens); the
Ritchey-Chretien design is a pure reflector.
45. On information and belief, each of B&HPhoto, Adorama, S&H,
20/20 telescopes, Anacortes, ACL, Durango Skies, OPT, Skies Unlimited,
Telescopes.com, Wolfe's, HOO, Nature's Odyssey, Optics Planet and Scope
City (collectively, the "Meade Dealers") are authorized dealers of
Meade's products, to whom Meade refers the public generally, and amateur
astronomy enthusiasts in particular, when they seek to purchase telescopes.
46. On information and belief, each of the Meade Dealers holds itself
out to the public generally, and to amateur astronomy enthusiasts in
particular, as possessing expertise in the technical specifications of
telescopes, on which expertise they encourage amateur astronomy
enthusiasts to rely. Each of them knows or should know that the Meade
RCX400 series and LX200R series telescopes are not Ritchey-Chretien
design and do not incorporate Ritchey-Chretien optics.
47. Although some dealers of telescopes honestly have refused to
describe the Meade RCX400 series and LX200R series telescopes as
Ritchey- Chretien telescopes, each of the Meade Dealers have
participated in and profited by Meade's fraudulent deception. Each of
them: (i) advertises the Meade RCX400 series and the LX200R series as
"Ritchey-Chretien" telescopes, (ii) responds to inquiries by potential
customers by representing that the Meade RCX400 series and the LX200R
series are "Ritchey-Chretien" telescopes, and (iii) has responded to
inquiries from consumers seeking to purchase Ritchey-Chretien telescopes
and apparently relying on the dealers' expertise by suggesting Meade's
telescopes and advising that the Meade RCX400 series and the LX200R
series are "Ritchey-Chretien" telescopes.
STAR INSTRUMENTS AND RC OPTICAL HAVE BEEN INJURED BY DEFENDANTS' SCHEME
48. The market for Ritchey-Chretien telescopes is a niche market, to
which Star Instruments and RC Optical are the main sources of supply.
Defendants' scheme threatens to destroy that niche market and the
businesses of Star and RC Optical.
49. Star Instruments and RC Optical have suffered substantial direct
injury from Defendants' scheme, threatening the very existences of their
businesses. Because Meade does not utilize Ritchey-Chretien optics,
Defendants can offer to sell the RCX400 and the LXR200R at prices which
are only a fraction of the manufacturing cost of Ritchey-Chretien
telescopes.
50. On information and belief, potential customers for telescopes
incorporating Ritchey-Chretien optics bought the cheaper Meade
telescopes instead of telescopes incorporating Ritchey-Chretien optics
manufactured by Star Instruments under the false belief that the Meade
telescopes incorporated Ritchey-Chretien optics.
51. On information and belief, potential customers of RC Optical
bought the cheaper Meade telescopes instead of telescopes manufactured
by RC Optical under the false belief that the Meade telescopes
incorporated Ritchey-Chretien optics.
52. On information and belief, potential customers who contacted RC
Optical seeking to purchase Ritchey-Chretien telescopes bought the
cheaper Meade telescopes instead of telescopes manufactured by RC
Optical under the false belief that the Meade telescopes incorporated
Ritchey-Chretien optics.
53. On information and belief, potential customers who contacted
telescope dealers seeking to purchase telescopes incorporating Ritchey-
Chretien optics bought the cheaper Meade telescopes instead of
telescopes incorporating Ritchey-Chretien optics manufactured by Star
Instruments under the false belief that the Meade telescopes
incorporated Ritchey-Chretien optics.
54. Star Instruments and RC Optical also have suffered severe
damage to their reputations as a consequence of Defendants' scheme.
Potential customers may believe that Star Instruments and RC Optical,
the industry leaders in this niche market, are price-gouging, although
the truth is that it is practically impossible to manufacture and sell
Ritchey-Chretien telescopes with Ritchey-Chretien optics except at
prices exponentially greater than Meade's falsely described, but
cheaper, telescope.
55. Defendants' false advertising depressed the market price for
Ritchey-Chretien telescopes, compelling RC Optical and Star Instruments
to reduce their prices and lose profits which they would have made had
prices been set in market conditions unaffected by Defendants' false use
in commerce of the terms "Ritchey" and "Ritchey-Chretien," the acronym
"RC," the letter "R" and other symbols on or in connection with
telescopes or containers for telescopes in commercial advertising or
promotion.
56. As of the date hereof, Star Instrument's losses from Defendants'
scheme exceed $400,000.00 and continue to accrue.
57. As of the date hereof, RC Optical's losses from the Defendants'
scheme exceed $400,000.00 and continue to accrue.
AZARI"S PURCHASE OF A MEADE LX200R TELESCOPE
58. Azari sought to purchase a Ritchey-Chretien telescope. He
contacted B&H Photo on or about September 1, 2006, and requested a
Ritchey-Chretien telescope. B&H Photo recommended the Meade RCX400 or
LX200R, and assured him that each was a Ritchey-Chretien.
59. Azari purchased a new Meade LX200R telescope from B&H
Photo on or about September 6, 2006. He paid $2,873.00 for the
telescope, plus an additional $94.90 for shipping, for a total of
$2,967.90. B&H delivered the telescope to Azari in Florida.
60. The telescope delivered to Azari is not a Ritchey-Chretien
telescope. It is a catadioptric telescope (combination mirror and lens);
the Ritchey-Chretien is a pure reflector. The Meade telescope has a
corrector lens with an ellipsoidal (not hyperbolic) secondary mirror.
The defining Ritchey-Chretien curvature of the mirrors also is absent.
The ellipsoidal secondary mirror measures less than a parabola; it is
not hyperbolic as in a Ritchey-Chretien.
[rest of 70 or so page complaint omitted]
Dated: October 31, 2006
Yours, etc.,
LAW OFFICE OF RUSSELL K. STATMAN
By: ___________/S/____________________
Russell K. Statman, Esq. (RS6437)
Attorney for the Plaintiff
334 Cornelia Street, PMB 146
Plattsburgh NY 12901-2312
JURY DEMAND
Plaintiff demands trial by jury.
Dated: November 1, 2006
LAW OFFICE OF RUSSELL K. STATMAN
By: ___________/S/___________________
Russell K. Statman, Esq. (RS6437)
Attorney for the Plaintiff
334 Cornelia Street, PMB 146
Plattsburgh NY 12901-2312
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