MinusOneBit Announces Possible Trademark Lawsuit
The following notice, regarding my intent to file a civil lawsuit against John Albright and VisoMedia, Inc. for trademark infringement, will be sent in this morning's mail:
VisoMedia, Inc.
Attn: John Albright
3587 US Hwy 9, #306
Freehold, NJ 07728-3228
Re: Demand to Immediately Cease and Desist Unlawful Use of Trademark “Minusonebit”, Claim of Trademark Infringements
VIA CERTIFIED MAIL, RETURN RECIEPT REQUESTED
ARTICLE NO. 7007 0710 0003 7834 1196
Date: December 28, 2007
Mr. Albright,
It has recently come to my attention that you have under taken steps to infringe upon my common law rights to the trademarked term “minusonebit” by registering the Internet domain “minusonebit.com” on December 25th, 2007. (Please see attached Whois Printout, Retrieved 12/28/07 for minusonebit.com, showing ownership by VisoMedia, Inc. and John Albright) You have additionally mentioned your intention to use this domain in a manner that disparages, defames, slanders, libels and/or dilutes the value of my trademark. (Please see attached copy of your Post #14 in Thread #795037 on the GFY.com Internet message board.)
As you may be aware, it is not necessary to register a trademark with The United States government to secure rights to exclusively use that mark. Instead, rights to claim a trademark for exclusive use begin when that mark is first used. You may also be aware that when claiming a common law right to a mark, the claim is subject to a geographic limitation that is comprised of only the areas where the mark is used by the claimant.
I first used the “minusonebit” trademark on or about February 19, 2006 when I registered for an account on the GFY.com Internet adult industry web board under the name “minusonebit” for the purpose of engaging in transactions within the adult entertainment industry. (Please see copy of printout from the GFY.com website showing my join date of 02/19/2006). Because the GFY.com board is of a worldwide nature, as are the solicitations and transactions I engaged in therefrom, I am entitled to exclusive worldwide usage of my trademark. (See printout of article by Aaron Larson, Esq. from expertlaw.com regarding common law trademarks at Page 3).
I have conducted an exhaustive review of my records and have determined that at no time did I license or otherwise authorize you to utilize my trademark for any reason under any conditions. Accordingly, you are hereby notified that I intend to file civil suit in a court of law seeking injunctive relief to halt your continued unlawful use of my trademark and furthermore to recover damages arising out of your use of same to date in a court of law. I will also be seeking title to the infringing domain “minusonebit.com”.
To avoid legal action, you must contact me in writing within five business days from the date you receive this notice to make arrangements to transfer, at your own expense, the “minusonebit.com” Internet domain to me. Include in your response a sworn and notarized statement that you will cease and desist from any further violations of my trademark rights. Finally, include with your statement a payment for liquidated damages in the amount of $5,000.00 payable to Keith Kimmel in the form of a certified check, money order or precious metals (gold or silver) that meet all requirements to be deliverable on a recognized exchange in London or New York.
In the alternative, you may submit evidence showing your right to use the mark “minusonebit”, including evidence that you used the mark in commerce prior to the date that I used said mark, or that I licensed or otherwise permitted you to use my mark.
Your prompt attention to this matter will be appreciated. Thank you in advance.
Sincerely yours,
Keith Kimmel
Trademark Owner in Term “minusonebit”.
Enclosures:
1.Printout of whois on “minusonebit.com” retrieved December 28th, 2007.
2.Post #14 in Thread #795037 from GFY.com.
3.Printout of “minusonebit” Profile from GFY.com.
4.Printout of article by Aaron Larson, Esq. of experlaw.com regarding common law trademarks at Page 3.
Carbon Copy (with Enclosures and Attachments) to:
VisoMedia, Inc.
Attn: John Albright
3587 US Hwy 9, #306
Freehold, NJ 07728-3228
VIA FIRST CLASS MAIL, POSTAGE PREPAID
File
Keith Kimmel
848 N. Rainbow Blvd. ● PMB #1326 ● Las Vegas, NV 89107-1103
848 N. Rainbow Blvd. ● PMB #1326 ● Las Vegas, NV 89107-1103
VisoMedia, Inc.
Attn: John Albright
3587 US Hwy 9, #306
Freehold, NJ 07728-3228
Re: Demand to Immediately Cease and Desist Unlawful Use of Trademark “Minusonebit”, Claim of Trademark Infringements
VIA CERTIFIED MAIL, RETURN RECIEPT REQUESTED
ARTICLE NO. 7007 0710 0003 7834 1196
Date: December 28, 2007
Mr. Albright,
It has recently come to my attention that you have under taken steps to infringe upon my common law rights to the trademarked term “minusonebit” by registering the Internet domain “minusonebit.com” on December 25th, 2007. (Please see attached Whois Printout, Retrieved 12/28/07 for minusonebit.com, showing ownership by VisoMedia, Inc. and John Albright) You have additionally mentioned your intention to use this domain in a manner that disparages, defames, slanders, libels and/or dilutes the value of my trademark. (Please see attached copy of your Post #14 in Thread #795037 on the GFY.com Internet message board.)
As you may be aware, it is not necessary to register a trademark with The United States government to secure rights to exclusively use that mark. Instead, rights to claim a trademark for exclusive use begin when that mark is first used. You may also be aware that when claiming a common law right to a mark, the claim is subject to a geographic limitation that is comprised of only the areas where the mark is used by the claimant.
I first used the “minusonebit” trademark on or about February 19, 2006 when I registered for an account on the GFY.com Internet adult industry web board under the name “minusonebit” for the purpose of engaging in transactions within the adult entertainment industry. (Please see copy of printout from the GFY.com website showing my join date of 02/19/2006). Because the GFY.com board is of a worldwide nature, as are the solicitations and transactions I engaged in therefrom, I am entitled to exclusive worldwide usage of my trademark. (See printout of article by Aaron Larson, Esq. from expertlaw.com regarding common law trademarks at Page 3).
I have conducted an exhaustive review of my records and have determined that at no time did I license or otherwise authorize you to utilize my trademark for any reason under any conditions. Accordingly, you are hereby notified that I intend to file civil suit in a court of law seeking injunctive relief to halt your continued unlawful use of my trademark and furthermore to recover damages arising out of your use of same to date in a court of law. I will also be seeking title to the infringing domain “minusonebit.com”.
To avoid legal action, you must contact me in writing within five business days from the date you receive this notice to make arrangements to transfer, at your own expense, the “minusonebit.com” Internet domain to me. Include in your response a sworn and notarized statement that you will cease and desist from any further violations of my trademark rights. Finally, include with your statement a payment for liquidated damages in the amount of $5,000.00 payable to Keith Kimmel in the form of a certified check, money order or precious metals (gold or silver) that meet all requirements to be deliverable on a recognized exchange in London or New York.
In the alternative, you may submit evidence showing your right to use the mark “minusonebit”, including evidence that you used the mark in commerce prior to the date that I used said mark, or that I licensed or otherwise permitted you to use my mark.
Your prompt attention to this matter will be appreciated. Thank you in advance.
Sincerely yours,
Keith Kimmel
Trademark Owner in Term “minusonebit”.
Enclosures:
1.Printout of whois on “minusonebit.com” retrieved December 28th, 2007.
2.Post #14 in Thread #795037 from GFY.com.
3.Printout of “minusonebit” Profile from GFY.com.
4.Printout of article by Aaron Larson, Esq. of experlaw.com regarding common law trademarks at Page 3.
Carbon Copy (with Enclosures and Attachments) to:
VisoMedia, Inc.
Attn: John Albright
3587 US Hwy 9, #306
Freehold, NJ 07728-3228
VIA FIRST CLASS MAIL, POSTAGE PREPAID
File
Comment