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[ga-abuse] Re: Webster Hall legal threats
- To: domainiac <domainiac@HOME.COM>
- Subject: [ga-abuse] Re: Webster Hall legal threats
- From: Jeff Williams <jwkckid1@ix.netcom.com>
- Date: Tue, 11 Apr 2000 14:36:33 -0700
- CC: DOMAIN-POLICY@LISTS.INTERNIC.NET, RitchPee@aol.com, Jonathan Cohen <jcohen@shapirocohen.com>, Esther Dyson <edyson@edventure.com>, "Louis L. Touton" <Louis_L._Touton@jonesday.com>, Louis Touton <touton@icann.org>, "Joe (Virus Laden Web Page Expert) Sims" <Joe_Sims@jonesday.com>, james tierney <james.tierney@usdoj.gov>, Becky Burr <bburr@ntia.doc.gov>, Elloit Maxwell <emaxwell@doc.gov>, Phil Gramm <phil_gramm@gramm.senate.gov>, commerce <commerce@mail.house.gov>, dnso abuse <ga-abuse@dnso.org>, "Harald@alvestrand.no" <Harald@Alvestrand.no>
- Organization: INEGroup Spokesman
- References: <000d01bfa3da$2acb5570$b5e20a18@alex1.va.home.com>
- Sender: owner-ga-abuse@dnso.org
Russ and all,
Well from reading this persons E-Mail to you, it appears he is
attempting to intimidate you. I would of course ignore it or
invite him to challenge you in open court. My guess is he
is not prepared to make such a challenge for obvious reasons
that his E-Mail to you clearly illustrates. Mr. Coven has also
posted some similar garbage on the DNSO GA list of late
regarding his personal sexual activities that have been reported
some time ago and are now a matter of record.
I would also suggest to you that you report this sort of
activity directly to the attorney generals office as well
as the ABA. Also if you would at least keep me appraised
of this ongoing nonsense so that I may make our legal
team more fully aware. We may be able to lend assistance...
domainiac wrote:
> The law firm handling the case owns "TheFirm.com" yet the lawyer uses his
> aol e-mail address. He wants the domain canceled again. I don't think
> these lawyers will ever learn.
>
> Russ Smith
>
> -----Original Message-----
> From: RitchPee@aol.com [mailto:RitchPee@aol.com]
> Sent: Tuesday, April 11, 2000 12:33 PM
> To: russ@russ-smith.com
> Cc: tkim@netsol.com; wbowser@arb-forum.com
> Subject: re: websterhall.com
>
> Mr. Russ Smith
> russ@russ-smith.com
>
> I am in receipt of your e-mails.
>
> You should know that the mark Webster Hall is a Federally registered
> trademark and has been used by my client for seven and a half years. Thus,
> you have been on constructive notice of my client's trademark rights.
> Further, the mark is considered arbitrary under trademark law, which means
> that any unauthorized use constitutes presumptive bad faith.
>
> I am curious as to how you knew to reach me at thefirm.com without prior
> knowledge of Webster Hall's claim. This fact and your flippant admission
> that
> you are using the mark to promote your own UDRP agenda is exactly the kind
> of
> actions for which the new Federal Anti-Cyber Squatting legislation allows
> for
> statutory damages of up to $100,000 per infringement as well as attorney's
> fees.
>
> If we have to institute a web site dispute, we will most certainly prevail
> and my client will direct me to file the decision under the Federal
> Anti-Cyber Squatting law. I strongly suggest that we resolve this amicably
> and that you consider canceling your registration.
>
> This notice is without prejudice to my client's rights and remedies.
>
> Richard Pawelczyk, Esq.
> Jacobson & Colfin
> 156 5th Avenue, Suite 434
> New York, NY 10010
> (212) 691-5630
Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
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