threating email recived

In a message dated 23/11/2004 23:08:39 GMT Standard Time, leeann@inetb.com writes:
26500 West Agoura Road, #102-846
Calabasas, CA 91302



November 23, 2004

VIA E-MAIL
AND AIRMAIL

RE: TRADEMARK INFRINGEMENT <http://WWW.SEX-RU.COM>
www.adultnetsuprize.com

Dear Mr. Fees,

This letter is written on behalf of Netsurprise Ventures, Inc., the owner of
the "Adultnetsurprise" name and the domain name "Adultnetsurprise.com".
Since the year 2000 Adultnetsurprise has been one of the largest and most
recognized adult resources on the Internet and is affiliated with CECash and
Cybererotica.com among many other leading businesses in the Adult Internet
marketplace. You should know that we have spent many years and considerable
sums of money developing the goodwill in the adultnetsurprise.com service
and therefore the ADULTNETSURPRISE mark will be vigorously defended.

We recently learned that you are infringing Netsurprise Ventures' rights by
your use of a confusingly similar domain name that tracks the
Adultnetsurprise mark without authorization. Comments that you posted on
your message board lead us to believe that you are very well aware of the
Adultnetsurprise name and reputation. We believe that you intentionally
registered the domain http://www.adultnetsuprize.com to confuse and divert
consumers searching for Adultnetsurprise services and your misspelling of
the Adultnetsurprise trademark is an obvious attempt to misappropriate
Netsurprise Ventures' good will by use of its internationally famous
"ADULTNETSURPRISE" name and trademark and trade on its recognized name and
reputation.

Your willful use of the Adultnetsurprise mark without permission or
authorization from Netsurprise Ventures, Inc. violates numerous laws
prohibiting trademark and service mark infringement, trademark dilution,
false designation of origin and unfair competition, cyberpiracy and
dilution. The potential legal penalties for such intentional activities
include the payment of compensatory and punitive damages, the disgorgement
of any profits earned from the infringing activity, an award of attorney's
fees and costs incurred by Netsurprise Ventures, together with injunctive
relief.

Be advised that if you do not immediately cease and desist infringing our
trademark or any other activities involving confusingly similar variations
thereon, and if you do not immediately deactivate the website located at
www.adultnetsuprize.com and further agree to refrain form further use of
said domain name, we intend to file an action against you and all persons
responsible for such infringement, where we will seek a temporary
restraining order and a preliminary injunction to prevent further
infringement of our marks and rights. In addition, because of the egregious
and clearly willful infringing nature of such use of our marks and rights,
we will not only seek injunctive relief but substantial money damages as
well, including, compensatory damages, punitive damages, attorney's fees and
costs.

In view of the above we demand that you immediately cease and desist from
these and all other infringing activities, by close of business on December
3rd, 2004. In an effort to resolve this matter quickly and amicably, please
provide us (by return facsimile to # 1-818-591-0805) with your written
confirmation that you will comply with this demand within ten (10) days from
the date of this letter. If the requested confirmation is not received in
that time frame and you continue to use that domain name to drive traffic to
your site, rest assured that we will take all appropriate legal actions to
enforce our rights to the fullest extent permitted under applicable laws.

By copy of this letter, we further demand that Intercosmos Media Group,
Inc., the registrar of your infringing domain, take steps to prevent your
further dilution of the ADULTNETSURPRISE trademark.

The foregoing should not be construed as an offer of compromise or
settlement and Netsurprise Ventures, Inc. hereby reserves each and every one
of its rights and remedies in this matter, none of which has been waived,
whether now existing or whether hereafter asserted, including the right to
commence legal proceedings against you and any other person or persons
acting in concert with you, without further notice. Your prompt response
will greatly determine what Netsurprise Venture's next step will be.

Very truly yours,


Lee Ann Faeth for
Guy Mizrachi, LL.B., B.C.L.
Director of Legal Affairs

cc: Intercosmos Media Group, Inc. (DirectNIC.com)
650 Poydras Street, Suite 1150
New Orleans, LA 70130
legal@directnic.com






what the fuck are u on about

my site Adultnetsuprize.com is completely different from this other site

i registered this domain many many years ago, i don't understand what your trying to get at, i have never seen this other site or service untill now, and looking at it, i don't understand what you are trying to get at.

If you are interested in purchasing this doamian i am open to offers, thanks for the feedback.

i will post this and all futher corespondance on my site to see what others think of your tatics

thanks


p.s you have to be careful these days that punk bitches will try it on,

i don't understand what these punks are getting at, i guess i will just wait to see what happens and build my sites even better and with more services, the site i run is completey different from this other service, the services and resources i offer are going to be completey differnt, i don't understand some poeple, threating emails like this tho are no way to try to intimate poeple

what do you think??????

is this a joke? gary? lee? anyone??? does this guy really think we're all that stupid???

In my own experiences dealing with this issue I would say that you are probably on the losing end of this fight. First, you are both in the adult business, Second, you advertise your site as a resource site which theirs is as well, Third, they have had their domain longer than you have which sets precedence. They may be willing to allow you to keep the domain and not use it for the adult business but it would pretty much be worthless for that. They probably have much deeper pockets than you do and will be more likely to tie it up in court until you can no longer afford to fight.

Harsh realities but I am about 89% certain that i'm right. I'm not an attorney but i've been through two domain disputes. One I pulled the domain even though I felt I may be right and the second I know I am right and not much they can do about it except fight me until i'm out of money.

Just to go a little further I looked at the domain since it's inception. You went from a surfer oriented site to a webmaster oriented site. This signals that you weren't making any money with it as a surfer site and with a message board with no advertisers you aren't making any money it looks like. So, my question to you would be.. is it worth keeping a site that doesn't appear to have a revenue stream

Well quite frankly, just from my point of view, i'm thinking:

Who would buy such a name like www.adultnetsuprize.com ? It doesn't mean anything and just seems to look like Adultnetsurprise to me... so i'd think the person who bought that name wanted to get traffic from Adultnetsurprise :(

It's just not a commom domain name and to register it, you'd have to have back thoughts in your mind :(

Just my 2 cents :)

It's like i would have : scorpiocreations and someone gets scorpiocreationz... i'd be pissed too.

oh and just for the record I wouldn't try selling it to them.. Technically they could nail you for that as well. It's a little term called cybersquatting

The most important factor that AWT needs to be aware of here is this..

Cybererotica has a LOT of funds to enable this domain to be taken away legally.

IMHO registering the domain itself was the first problem, actually putting a 'resource' type thing up on it was the second.

The third was posting about it on the ANS message forum.

No win situation here IMHO, try to get rid of that sucker ASAP!

Regards,

Lee

the master has spoken.. now listen to the advice you've been given before getting in way over your head.

AWT does not seem to be on the right side of the issues here. Posting the letter he received was probably not a good idea either. I see AWT was just banned from one of the other Boards for posting this [AWT had some other posts that contributed to the decision to ban him].
I think he should also use a spell-checker on everything he writes....

Anyone who wants to stay in business needs to understand that you have to do the right thing; you can't expect to run a scam or even a marginally legitimate outfit very long. Do the right thing, even the porn industry has standards of conduct, and that includes not trying to rip off someone else's work or trying to capitalize on the reputation and name recognition someone else has EARNED and struggled to achieve. Most important--if you make a mistake, admit it!

I bet nobody expected a sermon from the lawyer.......

Quote:

---

Originally posted by Jason
is this a joke? gary? lee? anyone??? does this guy really think we're all that stupid???

---

Actually it isnt a joke unfortunately :(

I bought this to the attention of CE late last week and they were unaware of the infiringing site.

Seems like they take infringment seriously :)

I would do the same for any resource site owner, we are in a hard enough part of the industry to work in anyway without having clowns like this Ken dude trying to scam traffic from us.

Regards,

Lee

Chad brings up another point I forgot. Copyright infringement. Technically you cannot post an email from someone else or it's considered copyright infringement. THis guys is really racking up the problems it appears.

I think AWT thought we were all gonna start with the "GO GIRL!" bullshit.

Not around here.

We all know about registering things like Gyawidewebmasters.com and then thinking that you can get away with it. Doesn't happen in this universe.

And posting th letter was just plain dumb.

what.. I can't get a "Go Girl" from you Jasun.. :angel:

Yeah.. no "go girl"s from me, I'm afraid.

and here I thought we had formed a special bond.. LOL

funny thing is this guy even started this on GFY.. talk about no sympathy..