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Fun
excerpt # 2
This
is an abuse of whatever power you think you command as an attorney.
.. You have no basis, legally, to do
anything to me. Apparently this is a documented, illegal, tactic perpetrated
previously upon others by AOL ( lawyers thugs goons,
uh... shitheads! ).
May I quote from the "aolsucks.com"
website?
"The next day, as a result of all of this, I spoke to an attorney
about my legal situation. I was told that the harassment and libel
threats were, in essence, garbage, and that they would probably be
immediately dismissed if they were brought to trial. "
Rusty
Robinson (bite me)
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(above) The
AOL Legal team of Laura
and Jim at work on Rusty Robinson's
website. Photo courtesy of
contracted
paralegal bitch Susan. |
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Full
text:
April 10, 1999
Jim xxx, Esq.
Laura xxx, Esq.
America Online
22000 AOL Way
Dulles, VA 20166
(703) 265-3750
RE: March 8, 1999 Letter from Susan Bitch (AKA Sewer Bitch)
Dear Jim and Laura:
I spent a few minutes at the online Patent & Trademark office
to confirm my suspicions that you were attempting to commit mail fraud
and abuse your power as attorneys. Is this common practice among AOL
attorneys? (Apparently it is – see aolsucks.com) You employed
Susan (as a proxy) to write a letter attempting to intimidate me into
handing over my legally obtained property. I call that attempted fraud
via the US Postal Service. You tried to defraud me out of my property!
And you used an out of state "dupe" to distance you from
the action.
Should I contact the FBI to report this attempted fraud as you have
crossed state boundaries and used the US Mail in your conspiracy with
Susan? Or should I merely file a complaint with the Virginia State
Bar Association? If Susan is a member of the Washington Bar then we
clearly have an interstate conspiracy of lawyers to commit mail fraud.
You guys planned this as a career strategy?
This is an abuse of whatever power you think you command as an attorney.
But I believe in my constitutionally protected rights. You have tried
to steal my property by implying legal action against me – to
deny me my first amendment rights. You had no basis, legally, to do
anything to me. Apparently this is a documented illegal tactic perpetrated
previously upon others by AOL: May I quote from the "aolsucks.com"
website?
The next day, as a result of all of this, I spoke to an attorney about
my legal situation. I was told that the harassment and libel threats
were, in essence, garbage, and that they would probably be immediately
dismissed if they were brought to trial. On Webmaster's other contention
- the copyright infringement - I was advised that I was acting within
my fair-use rights to post the materials. On top of all this, I was
advised that, under legal precedent, when a large corporation uses
lawsuits (or the threat of them) to try to silence critics, that there
are grounds for a harassment suit against that corporation. Armed
with this advice, I brought the web pages back up to full operation.
(James Egelhof webmaster@aolsucks.org Copyright © 1995-1998 James
Egelhof, All Rights Reserved. Web service provided by Cloud 9 Internet)
Yet you implied you would take legal action, filing of frivolous law
suits I imagine, merely to harm me financially by the necessary costs
of defense. What else would such an ominous letter head of an international
firm, a gang up of attorneys, the language used and the inclusion
of Internic forms with instructions and demands for notarization possible
mean? You demanded my property! But you have no legal rights to my
property! I own it legally.
The facts are exactly what I conjectured. You have no 10 year "Brand"
(as you misrepresented) on "YOU’VE GOT MAIL". You only
have pending registration initiated after my domain was registered
from just last year. Look at the Facts:
Attorney of Record - DOUGLAS R BUSH
Serial Number - 75-535494
Filing Date - 04/20/1998
So when I registered my domain (months prior to your April filing)
you had not yet trademarked the phrase. You withheld that information
in order to make up the "ten year brand" story in that pathetic
letter of deception from Susan. She then made false claims about needing
to prevent "confusion" for AOL members over my domain name.
The truth was you are trying to protect movie merchandising for the
Tom Hanks film –
Goods and Services - Clothing, namely shirts, t-shirts, sweat suits,
jackets, sweaters, pants, shorts, socks, belts, and hats; footwear.
Your pending registrations are for items that could only be for a
movie merchandising deal (toys, dolls, etc). Some describe communication
services that must be Internet related websites or other telecommunications
services, right?
"Serial Number 75-487492
Filing Date 05/18/1998 COMPUTER SERVICES, NAMELY, PROVIDING MULTIPLE
USER ACCESS TO COMPUTER NETWORKS AND BULLETIN BOARDS FOR THE TRANSFER
AND DISSEMINATION OF A WIDE RANGE OF INFORMATION; PROVIDING ONLINE
COMPUTER NETWORK FACILITIES FOR REAL-TIME INTERACTION AND COMMUNICATION
WITH OTHER COMPUTER USERS CONCERNING TOPICS OF GENERAL INTEREST; PROVIDING
A WIDE RANGE OF GENERAL INTEREST INFORMATION VIA COMPUTER NETWORKS"
I was right. You filed for these trademarks months after my domain
was registered. So, do you want to try to justify Susan’s letter
to me now that we both know it is willful deception? You lied! In
light of the actual facts as I have discovered you deliberately tried
to illegally seize my domain! You conspired to commit fraud.
I believe it is because of behavior such as you have demonstrated,
in this instance, that has engendered so much public hatred of AOL.
(See Yahoo! Search results on AOL, public opinion) I don’t subscribe
to your service yet receive almost daily spam email with AOL shown
as the originating address. That I can handle. But letters with fraudulent
intent from a conspiracy of people spanning state lines delivered
to me by US Postal Service is going too far.
I am an American citizen with rights provided by my forefathers, guaranteed
by the Constitution and Bill of Rights. Men have died, millions of
men and women, over the centuries to protect the Union of United States
and defend it’s liberty. We live in a free
society that encourages freedom of expression; a free press and freedom
from tyranny such as AOL would inflict upon me. I am an independent
artist who finds your actions to be like something out of a Mafia
movie.
In other words, I have a legal right to own and use my domain "you-got-mail.com".
I may employ this domain for my pleasure for as long as I please,
as it does not interfere with AOL’s trademarks.
i.e. : Word Mark YOU'VE GOT MAIL
Pseudo Mark YOU HAVE GOT MAIL
This registration can not retroactively claim a conflict with my "you-got-mail.com"
domain. You registered AFTER my domain. Your pending trademark is
for the uppercase use of the exact words, as shown. You did not register
"you-got-mail.com". Therefore you can not show prior use.
I can show prior use. I have all the old website files of content,
plus numerous witnesses who enjoyed my humorous site. That constitutes
prior use. If you challenge my use of "you-got-mail.com"
I can legally challenge your trademark.
So why don’t you ponder why we have a Constitution and Bill of
Rights for a few minutes. Why are all those other people allowed to
create alt.aol-sucks news groups, or aolsucks.com websites? Because
we live in the United States of America, that is why.
There are laws to protect "little people" – individuals
such as myself, from the likes of you: Corporation Attorneys with
your agendas of greed. You would take away my property and deny my
rights because you think you can get away with it? Tell it to my forefathers!
They are millions of souls strong with the strength on an army.
You can go to Hell with your lies! You can not take away my domain
nor tell me what to do with it. I expect AOL to affirm my rights to
freedom of expression as engendered in a free press for members of
a free society goRustyd by Constitutionally protected rights and freedoms.
* My property is my property. So Get off it.
* I registered first and can show prior use.
* I expect a written apology from each one of you on AOL stationary.
Sincerely,
Rusty Robinson
cc: Susan Bitch
--------- Evidence refuting claims
made in the Susan Bitch letter ------------
FROM: http://trademarks.uspto.gov/access/search-mark.
NOTE: THE FOLLOWING ARE ALL PENDING - NOT REGISTERED YET. They were
all applied for months after Rusty Robinson registered his domain.
[Search Summary]
Results of Search in ALL for:
MS/"You've got mail": 6 trademarks.
Hits 1 through 6 of 6
No. Trademark
1. 75-535494 -- YOU'VE GOT MAIL
2. 75-535493 -- YOU'VE GOT MAIL
3. 75-487495 -- YOU'VE GOT MAIL
4. 75-487494 -- YOU'VE GOT MAIL
5. 75-487493 -- YOU'VE GOT MAIL
No. Trademark
1. 75-528556 -- YOU HAVE MAIL
2. 75-487499 -- YOU HAVE MAIL
3. 75-487498 -- YOU HAVE MAIL
4. 75-487497 -- YOU HAVE MAIL
5. 75-487496 -- YOU HAVE MAIL
6. 75-487491 -- YOU HAVE MAIL
Word Mark YOU'VE GOT MAIL
Pseudo Mark YOU HAVE GOT MAIL
Owner Name (APPLICANT) America Online, Inc.
Owner Address 22000 AOL Way Dulles VIRGINIA 20166 CORPORATION DELAWARE
Attorney of Record DOUGLAS R BUSH
Serial Number 75-535494
Filing Date 04/20/1998
Section 1(B) indicator SECTION 1 (B)
Mark Drawing Code (1) TYPED DRAWING
Register PRINCIPAL
Type of Mark TRADEMARK
-----------------------------------------------------------------------
International Class 025
Goods and Services Clothing, namely shirts, t-shirts, sweat suits,
jackets, sweaters, pants, shorts, socks, belts, and hats; footwear
END
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