Clare Response To Exhibit 3

RESPONSE TO CLAIMS IN EXHIBIT 3 OF THE COMPLAINT
I.
OVERVIEW
Kenyon published the first book in her Young Adult series, Chronicles of Nick
(CoN), in May 25, 2010. As demonstrated repeatedly below, the vast majority of the
details about Kenyons characters in the Exhibit represent material from CoN.Clares
City of Bones (CoB), City of Ashes (CoA) and City of Glass (CoG) were published
in 2007, 2008, and 2009 respectively, and thus could not have taken any material from
the CoN books, which did not yet exist.
Email from Clare to her editor, Karen Wojtyla, at Simon & Schuster, confirms that the
first submitted complete draft of City of Glass was turned in on Dec 10, 2007. Therefore,
all discussion of Kenyons characters in this document reflects how they are described
and how they behave in books published by Kenyon prior to that date (the last of which
is Upon the Midnight Clear, published October 30, 2007 (according to
http://www.sherrilynkenyon.com/book/upon-the-midnight-clear/).
As a result, this document repeatedly refers to things not being present in Kenyons
published work prior to the end of 2007. This statement indicates that by no means
could Clare have possibly been influenced by these aspects of Kenyons work in City of
Bones, City of Ashes, or City of Glass, since all three were completed by that time.
There is one example below in which Clares character note came from Clockwork Angel, the book published after City of Glass. This was turned in as a completed draft on
September 28, 2009, so this, too, could not have been affected or influenced by any of
the CoN books.
All original publication dates for Kenyons books are taken from
http://www.sherrilynkenyon.com.
Italicized passages are quotes from Kenyons Exhibit 3.
A.
Introductory Claims:
Kenyons Claim:
Both Series employ a line of warriors who
protect the normal world from demons.
Response:
True, but part of long-standing literary and folkloric tradition self-evidently not originating with
Kenyon.
The Hunters (whether shadow or dark)

operate in a high tech world
False. Clares Shadowhunters operate in a

world without contemporary high technology; a
major aspect of the worldbuilding of these
books is that Shadowhunters do not use modern technology or modern weapons.
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140
that is hidden from everyday mortals
True, but part of long-standing literary and folkloric tradition self-evidently not originating with
Kenyon.
and deal with demons who come and

go through portals
Per later discussion of specific comparisons, in

Clares books demons are not seen to travel
through portals to a Veil World.
The term Veil World never appears in Clares
work (or, as near as we can find, in Kenyons!).
Clares books describe demons as originating
in alternate demonic dimensions.
In both Series, a young person becomes

part of the Dark-Hunters (or Shadowhunters) world after being saved by a
gorgeous blond Dark-Hunter (or Shadowhunter). The protagonists learn their
purpose and how to fight various demons
and their own personal inadequacies,
while dealing with intricate family and
friend issues.
Other than two characters both being blond,

this describes the traditional Heros Journey
that represents almost all fantasy and adventure fiction, folklore, and mythology ever written. It is so fundamental to humanity that we
cannot successfully trace its origin, as it appears to have begun before written history. It
does not originate with Kenyons Dark-Hunters
series.
They face the constant threat of being

consumed or being converted to evil.
This is never an aspect of Clares protagonist

Clarys character or story. Also, it does not occur in Kenyons books published prior to the
end of 2007.
They each must kill their demonic father.
This does not occur in Kenyons books prior to

the end of 2007.
Both Series feature mortal or normal objects (referred to as instruments by the

DEFENDANT), including without limitation a cup, a sword, and a mirror, each
imbued with magical properties to help
battle evil and protect mankind.
This too is self-evidently part of our shared

human folkloric and mythological tradition. A
quick glance at even something as unofficial
as Wikipedias article List of magical weapons will quickly indicate several hundred
normal objectsimbued with magical properties to help battle evil and protect mankind
from mythological traditions all over the world
and throughout the history of fiction. It is
laughable to imagine Clare as having stolen
from Kenyon the idea of a magic sword or a
magic mirror.
The inspiration for Clares Mortal Instruments
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are the Three Sacred Treasures of Japan, part

of Japanese mythology, which include the
Sword, Kusanagi, the Mirror Yata Nokagami,
and the Cup. As early as 690 CE and for centuries after, these were involved in the Imperial
ceremony of enthroning the Japanese emperor.
For purposes of accuracy, there is no magic
mirror in Clares books. What is believed to be
a mirror by the fictional folklore within Clares
world is revealed to in fact be a magical lake.
In any event there is no magic mirror in Kenyons work through 2007 either.
The characters powers are heightened or This is the basis of the magic used by the
Shadowhunters in Clares books, true, but it is
restrained by the use of supernatural
not to be found in Kenyons work prior to the
markings.
close of 2007. The closest thing we can find is
a demon who lives as a kind of tattoo on another characters skin and can help that character, but this is not even a little similar. This is
discussed in more detail below.
Both Dark-Hunters and Shadowhunters
have enchanted swords that are divinely
forged, imbued with otherworldly spirits,
have unique names, and glow like heavenly fire.
Again, magical swords are a part of folklore

going back its very beginnings in human history. The most well-known predecessors would
be the swords of English and French medieval
literature the Excalibur of King Arthur; Durendal, the legendary sword of Charlemagnes
paladin Roland; and Cortana, said to have
been the sword of the legendary knight Tristan.
Glowing and named swords can be found
throughout literature and folklore and do not
originate with Kenyon.
Both Series feature regular humans who

are oblivious to the supernatural world.
They are called Baretos or Ords in the
Dark-Hunter Series and Mundanes or
Mundies in the Shadowhunter Series.
We look forward to Kenyons suit against J. K.

Rowling for stealing her idea of regular people
oblivious to the supernatural world (Muggles).
This, too, obviously is not an idea originating
with Kenyon, but an incredibly common feature
of all fantasy featuring a hidden magical world.
They can be turned by various demonic

beasts into like creatures or servants
when bitten or fed blood.
This does not describe anything that ever happens in Clares books specifically. If Kenyon
refers here to people becoming vampires or
{01378276.1 }3
werewolves by being bitten by vampires or

werewolves, she has drawn from virtually all
fantasy horror fiction ever written. Just to take
an obvious pop culture example, Kenyon indicates at one point in her books an enjoyment
of the character of Buffy from the TV show
Buffy the Vampire Slayer (Seize the Night,
163), which features this same piece of
worldbuilding, a number of years before Kenyons first published novel. But of course we
are not claiming that this originated there, either. It originated, at latest, hundreds of years
earlier in European folklore, and probably long
before that.
Humans can also be turned by drinking
divine blood from a sacred cup. They can
use and perform magic. They cannot see
through demon glamour (a term used by
both authors).
Glamour is a term used by both authors because it is a word in the English language. The
use of it to mean enchantment is an archaic
one, certainly, but common in modern fantasy
fiction. It dates to at least the early 18th century and was not invented or popularized by
Kenyon.
It seems self-evident that, even without considering the entire panoply of mythological tradition, the Christian folklore of the Holy Grail
and the powers attributed to it throughout the
centuries are the antecedent of Clares cup
and, presumably, Kenyons.
Ords and Mundies can become forsaken (a condition referred to as shade in

the Dark-Hunter Series). Once in this
state, they do not eat or sleep, are in agony and cannot be seen or heard.
This is an inaccurate description of the Forsaken in Clares work. They can easily be both
seen and heard. They also are mindless inhuman creatures driven by rage, whereas in
Kenyons books Shades hold normal conversations and have human-like personalities.
Obviously, though, the idea of humans corrupted by magic into monsters is not an idea
originating with Kenyon or Clare.
When regular humans mix with supernatural beings (whether Dark-Hunters or

Shadowhunters), the divine blood is dominant and the children will inherit those
This, of course, is the key plot line in the 1968

movie, Rosemarys Baby, among countless
other supernatural works Even here there is a
willful misrepresentation, though: Kenyons
{01378276.1 }4
powers. In both works, demons often seduce humans to produce offspring with
powers.
books state clearly multiple times that DarkHunters are sterile (Night Pleasures, 139; Kiss
of the Night, 165). There is one exception, the
character named Wulf, who does have children, but they do not appear prior to the end of
2007 and thus could not have inspired this aspect of the Shadowhunter world.
Shadowhunter, like Dark-Hunters, can be

freed from their lives but each supernatural character must first figure out his or
her own unique path to freedom.
This statement is so vague that we cannot tell

what it is meant to mean. It seems to us that
the statement that every character must figure
out his or her own unique path is a general
statement that applies to every story about
people ever written. There is nothing in Clares
books in which leaving the Shadowhunters depends on figuring out a unique path to freedom.
B.
Setting:
Both works take place in an urban world

that is not what it seems. Theirs is a world
behind the veil with portals that lead to
heaven realms and hell realms. There are
segregated wards used as walls to hold
back demons and neutral grounds that
are safe zones. Different dimensions exist. Supernatural beings break through to
the world of man. These worlds are not
readily accessible to mortals.
This statement is mostly true of both series, as

it is true of thousands of fantastical stories and
legends throughout history. Even here there
are some basic inaccuracies stated: there are
no portals leading to heaven realms in
Clares books. The neutral grounds that are
safe zones in Clares books are just normal
places not specially protected by magic.
In general, this describes the setting of the
genre known as urban fantasy, and involves
story elements going back to the birth of fantastical fiction. These ideas were obviously not
created by Sherrilyn Kenyon in 2002. To take
our one earlier example, if we must, the above
description also accurately describes the TV
show Buffy the Vampire Slayer, which aired
from March 1997 to May 2003. It would be
equally ridiculous for the creators of that show
to claim they invented its worldbuilding elements and storytelling tropes, and they have
been wise enough not to do so. That Kenyon
has done so in this suit represents a solipsistic
view of human storytelling, fantastical fiction,
and the archetypes that make up our religious,
{01378276.1 }5
mythological, and folkloric traditions that is truly astonishing to behold.
C.
Characters:
Clares character: Clary Fray (debut City of Bones (2007)).

Kenyons character: Nick Gautier (debut Night Pleasures (2002)
Although a character named Nick Gautier, may have appeared as early as 2002, however, most of the specific character traits attributed to him first appeared in Infinity,
2010, the first of the CoN series, despite the fact that Kenyon claims that they were copied by traits attributed to Clary Fray in the pre-existing Mortal Instruments Trilogy, City of
Bones, City of Ashes, and City of Glass.
Kenyons Claim About Nick Gautier
Response
a. Believes himself a normal human until

the night when a mysterious Dark Hunter
saves his life.
According to Kenyons books prior to the end

of 2007, Nick believes himself to be a normal
human long after a Dark-Hunter saves his life.
He works for that Dark-Hunter running errands,
unaware of the supernatural world, for several
years until he graduates from high school, at
which point he is told about it (Night Pleasures,
186).
In addition, he is not saved from a supernatural
attack, but from being attacked by his own,
non-supernatural, street gang. (ibid)
b.
Has his supernatural powers bound and doesnt know about them
until after his mother is kidnapped by demons.
None of these events or facts about Nick occur

in any of Kenyons work published prior to City
of Bones (or in fact prior to City of Glass).
c.
Discovers the psychic mystic who lives next door is not what she
seems.
d.
He becomes a DarkHunter
only to learn he has the blood of angels in
him.
e.
His mother, who also has
angel blood, is put into a trance.
{01378276.1 }6
f.
Has a childhood friend in
love with him.
g.
His father is a demon he
has to destroy.
h.
Events cause him to mistrust the hero of the story who was once
his best friend. He wants to trust him, but
cant.
Kenyons Claims About Clary Fray
Response
a. Is at a club with friends when they are

attacked by a group of demons. A
mysterious Shadowhunter saves her
life.
Factually inaccurate. Clary is at a club in

Chapter 1 of CoB, but she is only with one
friend and they are not attacked by demons.
The fight in the club, on pages 10-14, takes
place entirely between three Shadowhunters
and a demon. Clary is not physically at risk in
the combat, and her life is not saved. In fact,
she inadvertently helps the demon by distracting the Shadowhunters.
b. Has supernatural powers and does not

know about them until after her mother is
kidnapped by demons.
The appearance of Clary's powers:

CoB 10-12: Clary is proven to have the Sight
(this occurs prior to Clarys mothers disappearance/kidnapping)
CoB 55: Clary is able to tolerate a rune
CoB 322-326: Clarys own rune powers
emerge
c. Discovers the psychic next door is not

what she seems.
Dorothea is revealed to know about the Shadow World on CoB 95-109
d. She becomes a Shadowhunter and

learns she has angel blood in her.
Factually inaccurate. Clary doesnt become a

Shadowhunter, she already is one. She just
isnt aware of it before. She learns what she is
on CoB 107, though she begins to suspect it
on CoB 71-72.
e. Her mother, who also has angel blood,

is put into a trance.
Factually inaccurate. Jocelyn is revealed to be

in a magically induced coma on CoB 471, not
a trance.
f. Has a childhood friend in love with her.
Simon tries to tell Clary how he feels on CoB
{01378276.1 }7
39. He succeeds in telling her on CoB 320.
g. Her father is a demon she has to destroy.
Factually inaccurate. Clarys father is not a

demon. Hes a Shadowhunter like her, which is
revealed on CoB 77.
Factually inaccurate. Clary is the protagonist

h. Events cause her to mistrust the hero
of the story who was once her best friend. and hero of the story. If the plaintiffs hero refers to Jace, Clary just met him. They were
She wants to trust him, but cant.
never best friends, and Clary mistrusts him because he is antagonistic to her. If this refers to
Simon, Clary never loses her trust in him. If
this refers to Luke, he is not Clarys best friend
or the hero of the story.
Clares Character: Valentine Morgenstern (City of Bones, 2007)

Kenyons Character: Adarian Malachai (Infinity, 2010)
Kenyons
claims about
Adarian
Malachai:
Response:
The claims are irrelevant. This character does not appear, and is not referenced at
any time by name or otherwise in any of Kenyons work prior to the publication of
City of Glass.
Kenyons
claims about
Valentine
Morgenstern:
Response:
a. Clarys
father.
Valentine is revealed to be Clarys father on CoB 404.
b. Has another paranormal

son.
CoG 402-403
c. Tries to
make his sons
more evil and
strengthen
himself.
Factually inaccurate. Valentine was not trying to strengthen himself, or create an

evil child. He was trying to create a kind of superwarrior, stronger and faster and
better than other Shadowhunters. (CoG 402)
It wasnt a son I needed, Valentine said. It was a soldier. I had thought Jonathan
might be that soldier, but he had too much of the demon nature in him. He was too
{01378276.1 }8
savage, too sudden, not subtle enough. I feared even then, when he was barely
out of infancy, that he would never have the patience or the compassion to follow
me, to lead the Clave in my footsteps. (CoG 485)
d. Escapes
and goes into
hiding.
Valentine doesnt just escape, he fakes his own death (CoB 77) and impersonates
another Shadowhunter. (CoB 442)
e. Tall and
very handsome.
Valentine is described as being good-looking and handsome when he was

young on CoB 199 and 395, but on CoB 367: (Valentine) bore little resemblance
to the handsome boy in the photograph, though his eyes were still black. His face
was not what she had expected: It was a restrained, closed, interior face, the face
of a priest, with sorrowful eyes.
f. He uses
demon blood
to convert
humanity.
(CoG 201)
Factually inaccurate. Valentine was not attempting to remove his childrens humanity. Quite the opposite: It wasnt a son I needed, Valentine said. It was a
soldier. I had thought Jonathan might be that soldier, but he had too much of the
demon nature in him. He was too savage, too sudden, not subtle enough. I feared
even then, when he was barely out of infancy, that he would never have the patience or the compassion to follow me, to lead the Clave in my footsteps. (CoG
485)
g. Had a
brotherlike
friend he betrayed who
now despises
him.
(CoB 392393)
h. Tries to
burn the humanity from
his children.
Further, changing the fundamental nature of children to imbue them with supernatural powers is an ancient trope in mythology. Examples include the story of
Achilles (whose mother anointed him with ambrosia and placed him in a fire in to
burn away his mortality), Aristaeus (who was fed necter and ambrosia to make him
immortal), and Heracles (who gained supernatural powers from the divine milk of
Hera).
http://www.greekmythology.com/Myths/Heroes/Achilles/achilles.html
http://classicalwisdom.com/heracles-and-hera/
http://www.greekmythology.com/Other_Gods/Minor_Gods/Aristaeus/aristaeus.html
Clares Character: Jocelyn Fray (misspelled Joceylyn in the Exhibit, City of

Bones, 2007)
Kenyons Character: Cherise Gautier (Night Pleasures, 2002)
Cherise is, indeed, Nicks mother, just as Clary also does have a mother. A character
having a mother does not strike us as a unique facet of Kenyons work.
Kenyons Claims About Cherise
Gautier
Response:
{01378276.1 }9
a.
Lives next door to an AfricanAmerican psychic whose home is
decorated with protection symbols and
ancient artifacts.
Though Cherise as a character is present in

Kenyons early books, none of the claimed
events or facts about Cherise in the Exhibit occur in any of Kenyons work published prior to
the end of 2007.
b.
Was a young mother who
has the blood of angels and humans in
her.
c.
Gets kidnapped [by demons, in Cherises case] and goes into a
magical coma.
Kenyons Claims About Jocelyn Fray:
Response:
a. Clarys mother.
CoB 18
b. Lives next door to an AfricanAmerican

psychic whose home is decorated with
protection symbols and ancient artifacts.
CoB 29
Factual inaccuracy: Dorothea is not AfricanAmerican in City of Bones. She was cast with
an African-American actress, C.C.H. Pounder,
in the movie adaptation of City of Bones; perhaps that is what Kenyon is thinking of.
c. Was a young mother who has the

blood of angels and humans in her.
CoB 107
d. Gets kidnapped. Goes into a magical

coma.
Kidnapped: (CoB 48-49) Coma: (CoB 425)

Jocelyn induces her own magical coma. (CoA
453) Shes kidnapped once shes unconscious.
Clares Character: Jonathan Morgansterrn/Sebastian Verlac (City of Glass, 2009)

Kenyons Character: Urian/Galan (Kiss of the Night, 2004)
Kenyons Claims About Urian
Response:
a.
Nekodas brother.
No character named Nekoda occurs in Kenyons work prior to the acceptance of the City
of Glass manuscript. She seems to be a character from Chronicles of Nick, which again,
was published long after City of Glass was released, much less submitted to Wojtyla.
b.
He has one name but goes
This does not occur in fact the word Galan
{01378276.1 }10
by another.
c.
Can be sadistic as a result
of feeding on demon blood and has lost
most of his humanity.
d.
he wants.
He can be charming when
does not occur in Kenyons books prior to

the end of 2007.
Though this may be implied by his descriptions
in Kenyons early books, this is never stated
explicitly in books prior to the end of 2007; no
mention is made of his consuming demon
blood. In addition, per above, this is an inaccurate description of the character of Clares who
is meant to be analogous.
As above, the charming villain is an incredibly

common archetype of storytelling.
e.
He attacks the heroes, killing the sibling of the main characters, severely wounding others and is eventually
killed himself.
This does not occur in Kenyons books published prior to the end of 2007.
f.
His body is never recovered
by his father.
Misleading, since his father attempts to kill him

in Kiss of the Night (2004) but does not succeed. His father learns he is alive in Sins of the
Night (2005).
g.
He is brought back to life by
the hero who puts his mark on him to
control him.
This does, in fact, occur in Kiss of the Night,

although it is strange to describe Acheron, the
character who brings him back, as the hero
of that book; he is a good guy, but a side character at this point. In addition, of course, this
doesnt correctly reflect what happens to
Clares allegedly analogous character.
He plays a double agent.
This does not occur in Kenyons books published prior to the end of 2007. In fact, the
comparison between Sebastian and Urian is
very confusing, since Sebastian is one of the
major villains of Clares series, where Urian is
on the side of the heroes and fights against the
villains in all his appearances at least prior to
the end of 2007.
i.
Because of the way he is
brought back, his life force is tied to the
main hero.
It is implied but not explicitly stated that

Urians life is linked to Acheron in some way;
however, it is not accurate to describe Acheron
as the main hero of the books in which these
h.
{01378276.1 }11
events take place. If this refers to some other

event, it does not occur in books published prior to the end of 2007.
j.
He threatens to raise an
army of demons to destroy the world and
cannot be killed without it killing the hero.
This does not occur in Kenyons books published prior to the end of 2007.
k.
Said to be the spitting image of his father.
Not actually stated in Kenyons books published prior to the end of 2007. However, even
if true, does not line up with Clares allegedly
analogous character. Also, we would question
whether closely resembles a parent is a
meaningfully distinguishing characteristic of
any character or indeed actual person.
Kenyons Claims About Jonathan

Morganstern/Sebastian Verlac
Response
a. Clarys brother.
(CoG 405)
b. He has one name but goes by another.
(CoG 405)
This is a common event in fiction that involves
any sort of subterfuge. Jonathan doesnt just
use an alias, he killed the real Sebastian
Verlac and stole his entire identity.
c. Can be sadistic as a result of feeding

on demon blood and has lost most of his
humanity.
Factually inaccurate. While lacking humanity

(CoG 402, 485), Jonathan never feeds on demon blood. Instead, his mother was given potions that included demon blood when she was
pregnant (CoG, 394-5), thus giving him a powerful but demonic nature. That nature does not
change based on his behavior; he has been
the same barely-human demonic creature
since birth, unlike his supposed analogue in
Kenyons work.
d. He can be charming when he wants.
(CoG 405)
Villains in literature and folklore are frequently
charming and charismatic. This was not a new
character concept invented by Kenyon.
{01378276.1 }12
e. He attacks the heroes, killing the sibling of the main characters, severely
wounding others and is eventually killed
himself.
(CoG 234, 436, 455, 458-466, CoHF 613)
f. His body is never recovered by his father.
Factually inaccurate. Jonathans father is killed

shortly after Jonathan is. (CoG 495). After this,
Jonathans body is recovered by the demon
Lilith. (CoFA 330)
g. He is brought back to life by the hero

who puts his mark on him to control him.
Factually inaccurate. The hero (Jace) does not

bring Jonathan back to life. A demon (Lilith)
does. Jace does not put his mark on Sebastian. Using power granted by Lilith, Sebastian/Jonathan is able to possess Jace and control him.
(CoFA 421-424, CoLS 120-121)
h. He plays a double agent.
(CoG 405)
This is a common trope in adventure stories.
i. Because of the way he is brought

back, his life force is tied to the main
hero.
(CoFA 424, CoLS 120-121)
(CoLS 469-470, 476), (CoLS 119)

j. He raises an army of Dark Shadowhunters and demons to destroy the
world and cannot be killed without it killing
the hero.
k. Said to be the spitting image of his father.
Factual inaccuracy. Jonathan did not only look

like his father, but resembled his mother as
well. (Jonathan)s face tempered her fathers
hard features with her mothers prettiness; he
was tall but less broad-shouldered, more lithe
and catlike. He had Jocelyns cheekbones and
fine soft mouth, Valentines dark eyes and
white-blond hair. (CoLS 180)
Clares Character: Madame Dorothea (City of Bones, 2007)

Kenyons Character: Menyara Chartier
Kenyons Claims About Menyara
Chartier
Response
{01378276.1 }13
These claims are moot. This character does

not appear in any of Kenyons books published
prior to the end of 2007. We believe she is a
character from Chronicles of Nick, but again,
this postdates Madame Dorotheas appearance in published work by Clare by several
years.
Kenyons Claims About Madame Dorothea
Response
a. AfricanAmerican psychic and clairvoyant.
Factual inaccuracy: Dorothea is not AfricanAmerican in the book. (CoB 345)
b. She shields Clary and her mother from

the powers of darkness and watches.
Factual inaccuracy: Dorothea did not go out of

her way to shield the Frays from their enemies.
Jocelyn paid Dorothea to let them live above
the Sanctuary, with a portal downstairs for
easy escape if necessary. (CoB 180-109) Dorothea kept an ear out for gossip about Valentine, but that was the only active assistance
she rendered. (CoB 107)
c. She wants to protect them and keep

them safe from the demon world. She
lives next door to them.
Factually inaccurate. Dorothea does not live

next door to them. She lives in an apartment
downstairs.
Factually inaccurate. While Dorothea has a
fairly good relationship with Jocelyn, she is not
particularly protective of the Fray family. When
Jocelyn goes missing, Dorotheas advice to
Clary is to forget about your mother. Shes
gone. (CoB 97)
Clares Character: Luke Garroway a/k/a Lucian Graymark (City of Bones, 2007)
Kenyons Character: Michael Tyler Big Bubba Burdette
Kenyons Claims About Michael Tyler
Big Bubba Burdette:
Response
These claims are moot. The character does

not appear in any of Kenyons books published
prior to the end of 2007. We believe he is a
character from Chronicles of Nick, but again,
this postdates Lukes appearance, biography,
and backstory in published work by Clare by at
{01378276.1 }14
least a year.
Kenyons Claims About Luke
Garroway:
Response
a. Clarys best friend.
Factual inaccuracy: Simon is Clarys best

friend. (CoB 1)
b. Blue eyes with dark hair.
(CoB 201, 466, CoG 9)
c. The only father Clary has ever known.
(CoB 452)
d. Owns books and oddities store that

bears his name.
Factual inaccuracy. Luke owns a bookstore.

(CoB 112) He does not sell oddities.
e. A former human hunter of paranormal

beasts because he fell victim to one.
Factual inaccuracy. Luke is a Shadowhunterturned-werewolf, not a former human. He was

born a Shadowhunter. He did not become one
after being attacked. (CoB 382, 385, 390-393)
f. Wears flannel shirts (inconsistent with

city setting in which CLARE sets her
character).
Factual inaccuracy. The implication that people

in urban areas do not wear flannel shirts is unfounded. Even if that were the case, it is stated
that Luke has a country house upstate (CoB
26)
Clares Character: Jace a/k/a Jonathan Christopher Wayland/Lightwood/Morgenstern/ Herondale (City of Bones, 2007)
Kenyons Character: Ash a/k/a Acheron Parthenopaeus, Acheron of Didymos, Apostolos, Ash Parthenopaeus, The Elekti, The Harbinger (Night Pleasures, 2002)
Response
Kenyons Claims About Acheron

ASH (AKA ACHERON, ET AL)
a.
Orphaned at a young age,
hes raised in adoptive homes.
Neither of these pieces of information occur in

Kenyon books published before the end of
2007.
b.
Sends a note to his enemy
that says, I am coming for you.
c. He has characters who call him
different names and often has to correct
them.
Though it is true that Ash has several different

names, we could find no examples of him correcting an incorrect use of his name in Kenyon
books prior to 2008.
{01378276.1 }15
d.
sarcastic.
Tattooed, blond, goth and
In his first appearance (Night Pleasures, p.

248) Acheron is described as having everchanging hair color. He changed it so often,
many of the Dark-Hunters made bets on what
color he was going to dye it for the week. Tonight, he wore his long, dark green hair pulled
back. He does have tattoos. He is not described as Goth his clothes may sometimes resemble those considered Goth but
two other characters are described as dressing
in a Goth style Tabitha and Eric in Night
Pleasures, while Acheron is not.
In his second appearance, in a flashback scene, he is described as having hair that was an
unearthly jet-black which the man wore in
three long braids (Night Embrace, p. 4). Later
that book he is described as having long metallic purple hair (84). He has black hair again
in Seize the Night (9).
He does have tattoos although as explained
above, Clares allegedly analogous character
does not and he is described again as always finding new places to pierce his body,
and his hair color changed faster than the unpredictable Louisiana weather (ibid). Along
with his silvery, shimmering eyes, he seems
to bear almost no physical resemblance to
Clares character, although here language has
carefully been chosen to incorrectly suggest
that he does.
e.
Generally aloof but bonded
to the protagonist saved by a Dark
Hunter.
It is not specified to whom this refers, especially since Acheron is described as the main hero on several other occasions in Kenyons exhibit. Perhaps she refers to Nick? Even so,
aloof but friendly with the protagonist describes a near infinitude of characters from the
earliest days of human storytelling to the present.
f.
Knows who and what the
psychic is who bound Nicks powers the
moment they meet.
Acheron and Nicks meeting is not dramatized,

and any business about Nicks bound powers
does not occur, in any of Kenyons books pub-
{01378276.1 }16
lished prior to the end of 2007. (And again, this

comparison is based on an inaccurate description of Clares character.)
g.
Is told he has one father,
but his father is someone else.
This information is also not revealed in any of

Kenyons books published prior to the end of
2007.
h.
Has powers greater than
other Dark Hunters. His abilities are a
result of his parents actions while he was
a fetus.
This information is also not revealed in any of

2007.
i.
Stealthy.
j.
Body covered in scars.
l.
Is left handed.
[out of sequence in Exhibit 3]
These are extremely broad character traits

found in literally thousands of characters
across the entire history of fiction. Kenyon obviously does not own the concepts of being
left-handed, scarred, or being stealthy, or indeed the combination of the three.
k.
Tattoos that come and go
and serve as protection.
In the Dark-Hunter books, Acherons protective

tattoos are not actually tattoos, but rather
demons who reside within his skin and appear
to be tattoos until they are released as physical
demons to defend him. This is fine as far as it
goes, but bears no resemblance to the way
that the marks on the skin of the Shadowhunters (and of course, all the Shadowhunters, not just the one character who is
meant to be the analogue of Acheron) tie into
the fantasy world of the Shadowhunter books.
The existence of marks of skin bestowing
powers is one that belongs to an ancient
mythological tradition preceding both these authors works by thousands of years.
m.
ed to him
This is not revealed about Acheron in any of

2007.
Had a sister not really relat-
n.
Has a friend named Alexion
who is like a brother to him and they are
bonded together for life.
o.
Ash takes care of Alexion.
First, obviously, Alexion and Alec are not the

same name, and similar character names occur across all of literature. In addition, nobody
ever refers to the character named Alexion as
Alec or even Alex (he is nicknamed Lex
{01378276.1 }17
on a couple of occasions, e.g. Sins of the Night

p. 122.) In addition, Alexion is not the characters name, but rather his title -- he is referred
to as The Alexion multiple times, including his
very first appearance (Sins of the Night, 5; also
see ibid, 55).
In addition, this is a deliberate misrepresentation of the relationship of Acheron and Alexion
as it is actually described in Kenyons books
(prior to the end of 2007). Alexion serves Acheron (ibid, 8; ibid, 54), because Acheron
brought him back from the dead (ibid, 87), but
was unable to bring him back as a living human (ibid, 171). As a result, he is forced to reside in Acherons domain, which is why Acheron takes care of him (ibid, 330). In Upon the
Midnight Clear again, published after the
acceptance of the manuscript of City of Glass
Alexion is described as Ashs servant
(272). At no point is he indicated to be like a
brother to Acheron.
Kenyons Claims About Jace:
Response
a. Orphaned at a young age, and grows

up with an adoptive family.
(CoB 60)
b. Sends a note to his enemy that says, I

am coming.
Factual inaccuracy: Jace never does this. Jonathan/Sebastian does. (CoLS 537)
c. He has characters who call him different names and often has to correct them.
(CoB 447)
d. Tattooed, blond, goth and sarcastic.
Factual inaccuracy. Jace is not goth. He

wears black because thats the color of
Shadowhunter gear. (CoB 40, 62) Simon even
makes a joke about Jace being goth which is
funny precisely because Jace isnt goth.
Factual inaccuracy. Jace is not tattooed. He
bears magical Marks that give him certain
powers and disappear after use. They are not
tattoos. (CoB 43)
{01378276.1 }18
e. Generally aloof but bonded to the

protagonist saved by a Shadowhunter.
This is not a clear statement. If it refers to the

relationship between Jace and Clary, Jace is
drawn to Clary, but not bonded to her. (CoG
350-351)
f. He knows who and what the psychic is

the instant they meet.
Factual inaccuracy: Jace does not know who

Dorothea is and is confused by how she knows
about the Shadow world. (CoB 96)
g. Is told he has one father, but his father

is someone else.
(CoB 438, CoG 461)
(CoA 320, 338, CoG 404)

h. Has powers greater than other Shadowhunters. His abilities are a result of his
parents actions while he was a
fetus.
i.
This descriptor of Jace is not found in the series
Stealthy.
k. Tattoos that come and go and serve as

protection.
(CoB 433)
It is not uncommon for warrior characters to
have scars.
The rune marks used by Shadowhunters are
not tattoos. They are not ink. (CoB 43)
l. Is left handed.
(CoB 336)
m. Has a sister not really related to him

who nagged him.
While Clary and Jace are thought to be siblings for a period of time (CoB 441), there is no
use of the word nag in the context of Clary
and Jace in any of the books of TMI. The nagging of one step-sibling by another is not a
character trait that originated with Kenyon.
n. Has a friend named Alec who is like a

brother to him and they are bonded together for life.
(CoB 87)
o. Jace takes care of Alec.
Factually inaccurate. Jace is prone to selfdestructive behavior, and Alec is more often in
the role of protector. (CoB 142, 298-299)
j. Body is covered in scars.
Clares Character: Isabelle Lightwood

{01378276.1 }19
Kenyons Character: Tabitha Devereaux (misspelled in the Exhibit, even!) Magnus

(Night Pleasures, 2002)
Kenyons Claims About Tabitha:
a.
Response
Broad character attributes to be found in tandem in literally thousands of other characters
throughout the history of literature, folklore,
and mythology.
Rebellious and beautiful.
Tabitha is an independent vampire hunter unaffiliated with any of the major organizations of
the Dark-Hunter books (Seize the Night, 8),
where Isabelle shares these traits in common
with every single other Shadowhunter character in Clares books.
b.
Stalks demons and vampires, anything that preys on humans.
c.
This does not occur in books of Kenyons published before the end of 2007.
Her cooking is mocked.
d.
She wears tall boots and is
known to be dangerous and heavily
armed at all times.
e.
her boots.
She always has weapons in
f.
Wears heels or platform
boots (even though she is tall).
Wearing boots and carrying weapons are

character attributes to be found in tandem in
thousands upon thousands of characters in
fiction. It is not clear why Tabitha wearing
boots is so uniquely defining of a character
that another character wearing boots should
deserve three separate notes complaining
about it. Countless fantasy-adventure heroes
across all time, men and women (and even
cats) sometimes are seen to wear boots and
carry weapons. In addition, Clares character
Isabelle wears boots not as a fashion choice
but because they are standard parts of the
fighting gear worn by Shadowhunters, and
thus she has these attributes in common with,
again, every other Shadowhunter character in
Clares books.
Again, these are broad character attributes to

g.
Unique signature weapon
she is skilled with. Dresses well and loans be found in so many other characters that it is
impossible to list them here.
other characters her clothes.
h.
Seems flamboyant and
loud, but is generous and tenderhearted.
{01378276.1 }20
i.
Extremely caring and responsible for all those around her. Always
takes responsibility.
j.
When a loved one is killed
she feels responsible even though she
was unconscious at the time.
k.
She is friends with Nick and
Ash.
l.
Is fiercely protective of her
gay roommate.
m.
Has amber/gold eyes.
n.
Has long dark auburn hair
she dyes jet black.
o.
Thinks of Ash as a brother.
p.
Loses a sibling shes close
to early in the series.
Tabitha is friends with Nick in Kenyons books

published prior to the Mortal Instruments series, but certainly not with Ash. She does not
have a gay roommate in any of Kenyons
books published prior to the Mortal Instruments
series.
In Tabithas first appearance, she is described
as follows: Her thick, wavy dark auburn hair
was pulled into a long ponytail, and her pale
blue eyes glowed (Night Pleasures, 7). When
she appears as a protagonist in Seize the
Night, her hair is also not dyed (7). She does
not appear to either have amber/gold eyes OR
to dye her hair black in Kenyons books published before 2007.
This is not the case in Kenyons books published before the end of 2007. In fact, in the
first detailed interaction between Acheron and
Tabitha, in Seize the Night, a full page of text
is spent describing how much Tabitha is sexually attracted to Acheron, saying that he has
worm[ed] his way into her guarded heart (8)
and while she notes that she would not touch
him, it is not because she thinks of him as a
brother.
This is, indeed, true of both Tabitha, who loses
her sister Tia in Seize the Night, and Isabelle,
who loses her brother Max in City of Glass.
Kenyons Claims About Isabelle:
Response
a. Rebellious and beautiful.
(CoB 6)
b. Stalks demons and vampires, anything

that preys on humans.
(CoB 63,142)
{01378276.1 }21
c. Her cooking is mocked.
(CoB 137, 141)
d. She wears tall boots and is known to

be dangerous and heavily armed at all
times.
(CoB 4, 212)
e. She always has weapons in her boots.
Factually inaccurate. Isabelle does not always

have weapons in her boots. Only sometimes.
f. She wears high heels (even though she

is tall).
(CoB 158)
g. Unique signature weapon she is skilled

with. Dresses well and loans other characters her clothes.
Isabelle only loans another character clothes

twice in the series. (CoB 60, 208)
h. Seems flamboyant and loud, but is

generous and tenderhearted.
(CoA 101, CoG 323-327)
i.
Factually inaccurate. While she cares a lot

about her friends and family (CoB 354, CoA
101), Isabelle does not always follow rules,
and is not always quick to take responsibility
when she breaks them. (CoA 290, 292)
Extremely caring and responsible for

all those around her. Always takes responsibility.
j. When a loved one is killed she feels responsible even though she was unconscious at the time.
(CoG 323-327)
k. Friends with Simon.
Isabelle is more than just friends with Simon;

theyre romantically involved. (CoG 47)
l. Fiercely protective of her gay friend.
Factual inaccuracy. Alec is Isabelles brother,

not her friend (CoB 211)
m. Has brown eyes with gold/amber.
Factual inaccuracy. Isabelles eyes are black

(CoB 68).
n. Has long ink black hair.
(CoB 3)
o. Thinks of Jace as her brother.
(CoA 290)
p. Loses a sibling shes close to early in

the series.
(CoG 234)
{01378276.1 }22
Clares Character: Amatis Graymark (City of Glass, 2009)

Kenyons Character: Nicolette Peltier (Night Play, 2004)
Most of Kenyons claims about Nicolettes character, whether or not described accurately, are not shared by Clares allegedly analogous character. We would, however, like to
note a couple of things in response to those few claims that are not based on factual
misstatements about Clares books:
Kenyons Claims About Nicolette:
Response
None of these aspects of Nicolette appear in
any of Kenyons books published prior to the
end of 2007.
d. Turns on her own family when she

feels they violated shapeshifter code.
e.
Because of her mixed family, she
is looked down upon by other paranormal
entities and judged harshly for it.
h.
Is seen for a time as an enemy.
i.
Dies in battle while passing one
last longing look at her family she loves
and redeems herself.
Kenyons Claims About Amatis:
Response
Factual inaccuracy: Amatis is not a
Shapeshifter. She is an ordinary Shadowhunter with no shape-changing abilities
whatsoever.
a. Shapeshifter.
b. Cares for other shapeshifters who have Factual inaccuracy: Amatis does nothing like
this.
lost their families.
c. Has a strong sense of code.
Factual inaccuracy: Amatis often struggles to

figure out the right course of action, and regrets the choices she has made in the past.
(CoG 67, 145-147, 310)
d. Turns on her own family when she

feels they violated shapeshifter code.
Factual inaccuracy: Amatis is not a shapeshifter and there is no shapeshifter code. Amatis
turns on Luke for very different reasons. (CoG
145-147, 310)
(CoG 145-147)
e. Because of her mixed family, she is

looked down upon by other paranormal
entities and judged harshly for it.
{01378276.1 }23
f. Regrets her decision to banish a

shapeshifter who became distrustful of
her.
g. In City of Glass (2009), werewolves
take refuge in her home after a battle
with demons and Shadowhunters where
theyre wounded. Helps Shadowhunters
battle Dark Shadowhunters.
Factual inaccuracy. There is no situation like

this described in TMI.
Factual inaccuracy. Werewolves do not shelter
in Amatiss house during CoG. Luke stays
there years before, prior to the Uprising. (CoG
146)
Factual inaccuracy. Amatis never helps battle
Shadowhunters who have been turned evil. In
fact, she is the first Shadowhunter turned evil.
(CoLS 476-478)
h. Is seen for a time as an enemy.
Factual inaccuracy. Amatis is not just seen as

an enemy after she is turned evil. She is an
enemy.
i. Dies in battle while passing one last

longing look at her family she loves
and redeems herself.
Factual inaccuracy. Amatis does give Luke a

last look, but she has no opportunity to redeem
herself. (CoHF 610)
Clares Character: Alexander Alec Gideon Lightwood (City of Bones, 2007)

Kenyons Character: Ias of Groesia AKA Alexion
Kenyons Claims About Alexion:
Response
Apart from the general facts, not mentioned in
Kenyons Exhibit, that Alexion:
- has died and been resurrected twice (Sins of
the Night, 5)
- is a Shade more or less a ghost (SotN
260) and therefore does not sleep (260) or
eat (274)
- is so old he predates the Bronze Age (152)
- can only remain in the human world for a
short time before he must return to being a
Shade again (14)
- is indestructible, and his body will reform after
two seconds or so if he is killed (17)
None of these describe Alec or indeed resemble even vaguely any character from Clares
{01378276.1 }24
books, the fact that Alexion is the friend of a

hero and fights with him describes a fundamental relationship of humans found in all stories throughout history, starting as early as
about Achilles and Patroclus in The Iliad. And
Jonathan and David in The Bible (actually
stated as the inspiration for the warrior-bond
that the Shadowhunters have, in the Shadowhunters Codex).
With respect to the claim that in both cases the
characters are bonded for life, Alexion is clearly depicted as Acherons servant and literally
dependent on him for existence, whereas Alec
and Jace are friends and are dependent on
each other in the more usual and common way
that human beings are dependent on each
other when they are friends. These are obviously not identical or even similar situations,
even if vague enough language can cause
them to sound that way.
Kenyons Claims About Alec:
Response
a. Highly protective of Jace.
(CoB142, 298-299)
b. He is bound to Jace for life and depends on him.
(CoB 87)
c. They fight together.
(CoB 87)
Clares Character: Magnus Bane (City of Bones, 2007)

Kenyons Character: Eric St. James (Night Pleasures, 2002), but rose to much more
prominence in the Chronicles of Nick series
Kenyons Claims About Eric:
Response
While it is true that in his first appearance, in
Night Pleasures, Eric has black hair spiked
with color (8), this is not true of Magnus. In addition, Magnus is depicted as romantically attracted to men from his first appearances,
where Eric is depicted as romantically attracted to women in his appearance in Night
{01378276.1 }25
Pleasures (where he is Tabithas boyfriend)

and his mention in Seize the Night where he
has married an unnamed woman.
After these two appearances Eric does not actually appear again at all in Kenyons work until
the Chronicles of Nick, whose first book was
published May 25, 2010. As mentioned in the
introduction, Clares Clockwork Angel, in which
Magnus is first confirmed as bisexual, was accepted by her editor in its first completed draft
September 28, 2009.
In addition, it is ludicrous and not a little offensive to suggest that Clare would have taken
the inspiration to have a bisexual character
from another authors work, rather than from
her own experiences living in the real world
and having friends, colleagues, and acquaintances across all parts of the sexual identity
spectrum. Unlike Kenyons Dark-Hunter series,
which contains no queer characters of any kind
at least through the end of 2007, queer characters and same-sex romances have been a part
of Clares work since her very first novel.
Kenyons Claims About Magnus:
Response
a. Jet black hair spiked with color.
Factual inaccuracy. Magnus often spikes his

black hair (CoB 219), but he does not color it.
b. Bisexual
(CA 198)
Clares Character: Maia Roberts (City of Ashes, 2008)

Kenyons Character: Simone DuBois
Kenyons Claims About Simone:
Response
not appear at any time in Kenyons work published prior to the end of 2007, long after the
character of Maia was established in City of
Ashes and City of Glass.
Kenyons Claims About Maia:
Response
{01378276.1 }26
a. Biracial heroine.
(CoA 29)
b. Brother is violently killed thus traumatizing the heroine.
Factual inaccuracy. Maias brother was abusive and tormented her. She was relieved
when he was struck by a car and killed. (CoA
27-28)
c. She doesnt know shes anything other

than a regular human.
Factual inaccuracy. Maia is well aware that

she is a werewolf. (CoA 29)
d. Turns out to be a creature of the paranormal world.
(CoA 29)
e. Is raised in an adoptive environment.
Factual inaccuracy. Maia was raised by her

biological parents until she ran away as a
teenager, at which point she joined a werewolf
pack. (CoA 27-29)
f. Is violently attacked by a demon.
(CoA 299-300)
g. She is haunted by a teen boy who dies

in a car wreck.
The demon Agramon uses her brothers shape

to terrify her. (CoA 299-300)
h. Curly brown and gold hair.

i. Amber brown eyes.
j. Light brown skin.
(CoA 49-50)
k. Not much is said about her parents,

only her brother Daniel who died at a
young age.
(CoA 27-28)
Clares Character: Max Lightwood (City of Ashes, 2008)

Kenyons Character: Apollodorus
Kenyons Claims About Apollodorus:
Response
not appear at any time in Kenyons work published prior to the end of 2007, after the character of Max is established in City of Ashes
and dies in City of Glass.
Kenyons Claims About Max:
Response
{01378276.1 }27
a. Jace loves him like a little brother.
(CoA 13, 176-177)
b. He passes a toy along to him.
(CoG 325)
c. Maxs death devastates Jace.
(CoG 290)
Clares character: Raziel (City of Bones, 2007)

Kenyons character: Wulf (Kiss of the Night, 2004)
Kenyons Claims About Raziel:
Response
Memory of Raziels appearances fled Factual inaccuracy. The quote above is from a ficfrom mind and memory as quickly as tional archaic text. (Codex 119) It does not agree
with (and is not meant to agree with) the actual
they were seen.
experiences the characters have with Raziel.
Those who encounter him, Clary (CoG 491-497)
and Simon (CoLS 425-430) have perfect recall of
their experiences with the angel.
Moreover, Raziel is based on the archangel Raziel, angel of secrets and knowledge from the ancient Jewish Kabbalistic tradition. The Book of Raziel is thought to date to the 13th century. Further
background can be found here:
http://www.jewishencyclopedia.com/articles/12606raziel-book-of
and here:
http://robert-zucker.com/qabalah/seferraziel/
Kenyons Claims About Wulf:

Cursed so that no one can remember
him after he leaves their presence.
Response
In the case of Wulf it is a curse laid upon him by a
specific other character, and is modified by Acheron so that he can be remembered by any blood
relatives (73, 91), so actually the statement presented here in the exhibit misrepresents that aspect of the character to make the resemblance to
Clares work seem more than it is. In addition, per
above, even this broader statement is not actually
true of the character of Raziel in Clares work, and
is instead a piece of angelic folklore presented in a
fictional archaic text which the characters of the
books learn to be untrue.
{01378276.1 }28
Clares Character: Moloch (City of Ashes, 2008)

Kenyons Character: Malachai
Kenyons Claims About
Malachai:
Response
These claims are moot. The word Malachai does not appear
in any of Kenyons work prior to the end of 2007, so even if
Clares character wasnt, in fact, a character from the Hebrew
Bible rather than an original creation, it is irrelevant to Kenyons work where no such character or order of demon appears prior to its use by Clare.
Kenyons Claims About
Moloch:
The highest order of demon.
Response
Factual inaccuracy. From the Shadowhunters Codex:

Somewhat confusingly, the name Moloch refers both
to a Greater Demon known as one of the most fearsome demon warriors, a being of smoke and oil, and
also to a species of lesser demons (Molochs)
that are minions and foot soldiers of the Greater
Demon Moloch. Individuals of the species are mansize, dark, and made of thick roiling oil, with arms but
only a formless liquid appendage instead of legs. Their
primary weapon is the flames that stream from their
empty eye sockets, and they are usually seen in large
numbers rather than in isolation. (72)
It is the lesser Moloch demons that appear in TMI.
In ancient texts including the Bible, Moloch was an Ammonite
deity or demon who demanded child sacrifice:
http://www.jewishencyclopedia.com/articles/10937-molochmolech
http://www.jewishvirtuallibrary.org/jsource/History/moloch.html
D.
Scene Similarities:
From Clares work: Clave Council

From Kenyons work: Squires Council
{01378276.1 }29
The Squire Council does not appear at all in Kenyons books prior to the end of 2007.
Kenyons Claims About the Clave
Council:
Response
a. The political body that oversees the

Shadowhunters.
Partial inaccuracy. Clave Council is not a

phrase used in TMI. The Clave is made up of
all active Shadowhunters who are 18 or older.
The Council (CoA 99) is a smaller group of
representatives, which deals with matters of
immediate import that are not large enough for
the entire Clave to become involved in. They
do this under the supervision of the highest
ranking member of the Clave, the Consul.
b. Local branches and regions.
(Codex 8)
c. The Clave Council incorporates all related supernatural beings, not only
Shadowhunters.
Partial inaccuracy. Representatives of the other groups of supernatural beings (vampires,

werewolves, faeries and warlocks) did not
have seats on the Council until City of Glass
(337, 407). Faeries lost their seat on the
Council in City of Heavenly Fire (635)
d. Entire Council may be summoned, or

only those who are necessary or involved
in the matter at hand.
(Codex 9)
e. Particular meetings have distinct

names.
(Unclear statement)
f. A particular group lost its seat at the

council.
(CoHF 635)
g. Round chamberhall with a magical

portal entrance.
Factual inaccuracy. The Clave does meet in a

round chamber, but the entrance is not a magical portal.
From Clares Work: Daimons" (maybe meant to be demons?)

From Kenyons Work: Were-Hunters
Kenyons representation of Clares demons are almost entirely incorrect. What she
seems to be trying to describe is warlocks, so the citations for their appearance in
Clares work under warlocks.
{01378276.1 }30
Kenyons Claims About Were-Hunters:
Response
Kenyons Were-Hunters seem very clearly to
have been inspired by folklore and mythology
about humans who magically transform into
animals or otherwise have animal natures;
such creatures and characters can be found in
numerous folklore and mythological traditions
and, of course, also in thousands of works of
modern horror and fantasy fiction published
long before Kenyon or Clare had written a
word. As previously stated, there ARE no
Daimons in Clares books. Kenyon seems to
be describing Clares warlocks, but Clares
warlock characters have none of this animalnature or shapeshifting quality. Perhaps Kenyon is thinking of the werewolves in Clares
books, which again, come from the same
longstanding folkloric tradition that Kenyon
herself draws from. But even here, the comparisons do not make sense. Clares werewolves do not practice magic, do not have
markings that reveal their nature, are not immortal, do age, and are rarely referred to derogatorily by other characters.
Kenyons Claims About Daimons

(Demons?)
Response
a. Practice magic they inherit through

birth.
Factual inaccuracy. It is not known where demons come from, and the nature of their magic
is also unknown.
Factual inaccuracy. There is no such relationship between demons and Shadowhunters,
b. Have to make their own way in the

world. Have been betrayed by Shadowhunters.
c. Have their own special markings from
subtle to obvious.
Factual inaccuracy. Demons dont just have

markings, they are of a wide range of different
species.
d. Can hide their marks with their powers.
Partial inaccuracy. Only demons with the ability to use glamours can disguise themselves,
and even then individuals with the Sight can
usually see their true nature.
{01378276.1 }31
e. Originally created through deceit.
Factual inaccuracy. There is no such mythology in the Mortal Instruments. It is not known
how demons were created.
f. They were immortal beings who

stopped aging.
Factual inaccuracy. This is not a trait of the

demons of the Shadowhunter world.
g. They are unable to have children.
Factual inaccuracy. In the world of the Mortal

Instruments, demons can procreate. The offspring they produce with humans are warlocks.
Kenyons Claims About Warlocks:
Response
Practice magic they inherit through birth.
(CoB 101)
b. Have their own special markings from

subtle to obvious.
(CoB 229, CA 60)
c. They can hide their marks with powers.
(CoB 229-230)
Partial inaccuracy. Warlocks have the ability to
use glamours can disguise themselves, but
individuals with the Sight can usually see their
true nature.
d. Immortal beings who stop aging.
(C0A 407, CoG 239, CoFA 253)
e. They are often referred to by derogatory terms.
Factual inaccuracy. Warlocks are mostly referred to as Warlocks or Liliths Children.
From Clares Work: Warlocks

From Kenyons Work: Adoni
Kenyons exhibit also compares Clares warlocks to her Adoni. Adoni are not present
in the Dark-Hunter series from which all of Kenyons other claims arise, but rather are
from her Lords of Avalon series, originally published under the pseudonym Kinley MacGregor. It is true that the Adoni were first introduced before Clares work was published
(Sword of Darkness, March 28, 2005). However, Adoni are clearly the inheritors of a
long-standing traditions of elves and elf-like creatures whose modern common fantasy
elements date back at least to JRR Tolkiens work, and more properly to Northern and
Western European folklore going back more than a thousand years. Kenyon describes
the Adoni as follows:
{01378276.1 }32
Kenyons Claims About Adoni:
Response
a beautiful race of elflike creatures

(Sword of Darkness, Vocabulary)
tall, fair of form, and agile.
Humans oft called them elves
The Adoni were a separate, vicious race
that preyed on mankind whenever they
could. (23)
None of these statements are true of warlocks,

who come in all shapes and sizes and levels of
beauty, are not a separate race from humans, and are not ever thought of or described
as elves or as elven. They are also not the enemies of mankind, but rather their allies.
In addition, in Kenyons work, Merlins are described as being bred from Adoni (SoD 206);
Clares warlocks are sterile and cannot bear
children.
And actually, while we are at it, NONE of the
aspects of the Adoni that are described in this
exhibit are actually expressed in Sword of
Darkness not the marks, not the immortality,
not the lack of aging, not the practicing of magic. The second book containing the Adoni,
Knights of Darkness, was published November
01, 2006. Advance Reader Copies of City of
Bones were circulating among the publishing
industry several months before this publication
date, and so could not have been inspired by
this or any later Kenyon work.
From Clares Work: The Praetor Lupus

From Kenyons Work: Sanctuary
Kenyons Claims About the Praetor
Lupus:
Response
a. Founded over one hundred years ago

after the death of shapeshifter relative to provide a place of refuge or
Sanctuary for other preternatural beings.
This comparison represents a major misunderstanding of the Praetor Lupus in Clares books.
In Kenyons books, Sanctuary is a place. The
Praetor Lupus, however, is an organization
with members across the globe. Although it
does have a headquarters, that headquarters
is more of a military academy and office build-
{01378276.1 }33
ing and never acts as a sanctuary or hideout

for anybody in Clares books. (CoFA 142-143)
b. A place where others can learn their
powers and have protection.
(CoFA 142-143)
Again, the Praetor Lupus is not a place. In addition, of course, the concept of a refuge for
unusual people to learn about their unusual
powers did not originate with Kenyon or Clare
but rather also speaks to folklore going back
centuries before the modern era. This essentially describes the school for magic, founded
in hundreds of works of fantasy, but also reflected in, say, the Scholomance, the folkloric
school of black magic run by the Devil that is
part of Transylvanian folklore and was brought
to the attention of English readers by Scottish
author Emily Gerard in the 19th century.
A particular disease can turn humans into

demons.
(CP2 26)
This does not occur in Kenyons work prior to
the end of 2007, although we will stipulate that
it does take place in Clockwork Princess, published much later. It is, however, an idea wellknown in folklore. Vampirism and lycanthropy
were both frequently thought of as diseases
that could turn humans into demonic creatures
in folklore going back hundreds of years; in
fact during the historical persecution of witches
in late medieval Europe, people were often executed for being werewolves, since that was
considered a similarly demonic status.
From Clares and Kenyons Work: Portals

Kenyons Claims About Portals:
Response
a. Demons come and go from the

human world through secret portals.
b. Shadowhunters do not know the layout

of the demon realm.
Factual inaccuracy. Demons in the Shadowhunter universe have their own methods of
travel between dimensions, and do not typically use portals.
Misleading. There is not only one demon
realm, but many. (CoB 176)
c. Humans cannot return from the demon Factually incorrect. In CoHF (602), Sebastian
{01378276.1 }34
realm
closes the realm of Edom, destroying the exits

to prevent Clary and her companions from
leaving. Up until he did that, they could have
left.
but demons who are killed can return.
Ambiguous. In Clares work, demons who are

killed do return, involuntarily, to their home dimensions (CoB 15). It is not clear what the
analogous material in Kenyons work is meant
to be here.
{01378276.1 }35

Clare Response To Exhibit 3

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Clare Response To Exhibit 3

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RESPONSE TO CLAIMS IN EXHIBIT 3 OF THE COMPLAINT

The Hunters (whether shadow or dark)

False. Clares Shadowhunters operate in a

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 1 of 35 EXHIBIT

that is hidden from everyday mortals

and deal with demons who come and

Per later discussion of specific comparisons, in

In both Series, a young person becomes

Other than two characters both being blond,

They face the constant threat of being

This is never an aspect of Clares protagonist

They each must kill their demonic father.

This does not occur in Kenyons books prior to

Both Series feature mortal or normal objects (referred to as instruments by the

This too is self-evidently part of our shared

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 2 of 35 PageID #: 141

are the Three Sacred Treasures of Japan, part

Again, magical swords are a part of folklore

Both Series feature regular humans who

We look forward to Kenyons suit against J. K.

They can be turned by various demonic

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 3 of 35 PageID #: 142

werewolves by being bitten by vampires or

Ords and Mundies can become forsaken (a condition referred to as shade in

When regular humans mix with supernatural beings (whether Dark-Hunters or

This, of course, is the key plot line in the 1968

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 4 of 35 PageID #: 143

Shadowhunter, like Dark-Hunters, can be

This statement is so vague that we cannot tell

Both works take place in an urban world

This statement is mostly true of both series, as

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 5 of 35 PageID #: 144

mythological, and folkloric traditions that is truly astonishing to behold.

Clares character: Clary Fray (debut City of Bones (2007)).

a. Believes himself a normal human until

According to Kenyons books prior to the end

None of these events or facts about Nick occur

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 6 of 35 PageID #: 145

a. Is at a club with friends when they are

Factually inaccurate. Clary is at a club in

b. Has supernatural powers and does not

The appearance of Clary's powers:

c. Discovers the psychic next door is not

Dorothea is revealed to know about the Shadow World on CoB 95-109

d. She becomes a Shadowhunter and

Factually inaccurate. Clary doesnt become a

e. Her mother, who also has angel blood,

Factually inaccurate. Jocelyn is revealed to be

f. Has a childhood friend in love with her.

Simon tries to tell Clary how he feels on CoB

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 7 of 35 PageID #: 146

39. He succeeds in telling her on CoB 320.

g. Her father is a demon she has to destroy.

Factually inaccurate. Clarys father is not a

Factually inaccurate. Clary is the protagonist

Clares Character: Valentine Morgenstern (City of Bones, 2007)

Valentine is revealed to be Clarys father on CoB 404.

b. Has another paranormal

Factually inaccurate. Valentine was not trying to strengthen himself, or create an

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 8 of 35 PageID #: 147

Valentine is described as being good-looking and handsome when he was

Clares Character: Jocelyn Fray (misspelled Joceylyn in the Exhibit, City of

Case 3:16-cv-00191 Document 19-1 Filed 04/25/16 Page 9 of 35 PageID #: 148