Re: [registrars] Additional Litigation

["Robert F. Connelly" <rconnell@psi-japan.com>]

At 12:08 PM 9/14/01 -0400, Michael D. Palage wrote:

>There has been an addition lawsuit filed in California state court

Dear Michael:  We are all indebted to you for keeping an eagle out in our 
behalf.  You're a great Chair:-)

What do you think about a Trademark attorney who makes the following wild 
posting?


Dear Sir or Madam:
We represent "  BUSINESS.BIZ," an entertainment group that is the
owner of the ranking trademark rights (USPTO Serial Number 78030898)
for this exact terminology including but not limited to the
corresponding identical domain name.
BUSINESS.BIZ has submitted an "IP claim" to NeuLevel, Inc. for its
intellectual property rights to take advantage of the Dot Biz claim
notification procedure. Despite the existing IP claim procedure for
protection of such property rights, it appears they are insufficient
to assure protection of our client's existing and highly valuable
trademark, trade name, common law and domain name rights.
We hereby write to give you formal notice, as a Dot Biz registrar of
BUSINESS.BIZ's  valuable and enforceable rights in the mark
identified herein, that we demand that you respect the aforementioned
trademark, trade name, common law, and domain name rights by refusing
domain name registration to any other party or parties of the
identical domain name that that is our registered trademark, trade
name, common law and domain name. Our client is exclusively entitled
to the domain name identified in this letter.
Your cooperation is expected and your failure to satisfy this demand
will be viewed by our client as a deliberate violation of its
trademark rights.
Any attempt to protect our client's rights by use of the IP claim or
domain name registration procedures, or otherwise, shall not limit
your obligation to comply with this demand or our client's right to
take action to enforce this demand.
We appreciate your cooperation in this matter. If you have any
questions, please let us know.
Sincerely,

Sent by Law  Mail

End quote:

In my day, attorneys recommended that correspondence about possible 
trademark or patent conflicts be very circumspectly worded.  Accusing 
someone of infringement could result in a suit for something like 
defamation of character.

Personal regards, BobC