That FUCKING SOPRANO'S chick is PISSING ME OFF BIG TIME!!!!
These idiots think I owe them money for what a webmaster
promoting my site was doing in his meta tags. This has NOTHING to do with the Sopranos chick whatsoever other then a
webmaster used her name in promoting my sites.
( TO MY ATTORNEY )
Mr. B:
Thank you for your reply. I expect that your admonition regarding direct client contact is bilateral, and that I will not receive any more messages directly from Mr. Raes. Otherwise, another direct reply will be required asking your client to abide by his counsel's instruction.
In any event, there has been no misunderstanding. As demonstrated by the enclosures distributed with our initial letter, the titzworld website was effectively a hot link (no pun intended) to the bustyjamie site containing our client's name and many typographical and referential misnomers thereof. I am quite certain that this was not a magnanimous gift or favor, but that bustyjamie had a contractual arrangement providing for some sort of compensation in return for this traffic to its commercial site. Accordingly, your client, Mr. Raes, was attempting to profit from the illegal and intentional use of my client's name and reputation which is, in our view, an intentional violation of the Lanham Act subjecting your client to liability for actual damages, punitive damages, and legal fees.
As I mentioned in my second letter, the offending links seem to now have been removed by the hosting company and any actual damages appear to have been mitigated. However it is simply not sufficient to say "you caught me - now I'll stop." If you care to make a proposal to resolve amicably your client's portion of the legal fees issue at this time, I would be happy to discuss it with you. Otherwise, we will pursue the matter in a manner afforded by law. Thank you.
( TO THEIR ATTORNEY )
Mr. L:
We reference the correspondence you have had directly with our client, Joel Raes, regarding your client, Ms. DiScala. Thank you for directing that all future communications be through counsel. We do not authorize direct communications with our client with regard to this alleged matter.
It appears that your purported claim against our client is based on a mistake with respect to essential facts. The website our client is associated with is bustyjamie.com. This website contains no reference to your client either in text or in its metatags whatsoever. There is no suggestion appearing anywhere in this website that the person depicted therein is anyone other than a totally different person.
It appears from your correspondence that the website that may have had such references is a website you identify as titzworld.com. This website is neither owned nor controlled by our client and our client had no knowledge of what you have identified as purported metatags contained in such site. If you feel that further action or contributions are required, we recommend that you contact the owner of (REMOVED).com.
( FROM MY ATTORNEY TO ME )
Joel:
I now need to go into the concept of affiliate programs with this guy. Can you advise me how many affiliates you have. Also, can you direct me to your affiliate's website and the terms and conditions that apply to affiliates.
promoting my site was doing in his meta tags. This has NOTHING to do with the Sopranos chick whatsoever other then a
webmaster used her name in promoting my sites.
( TO MY ATTORNEY )
Mr. B:
Thank you for your reply. I expect that your admonition regarding direct client contact is bilateral, and that I will not receive any more messages directly from Mr. Raes. Otherwise, another direct reply will be required asking your client to abide by his counsel's instruction.
In any event, there has been no misunderstanding. As demonstrated by the enclosures distributed with our initial letter, the titzworld website was effectively a hot link (no pun intended) to the bustyjamie site containing our client's name and many typographical and referential misnomers thereof. I am quite certain that this was not a magnanimous gift or favor, but that bustyjamie had a contractual arrangement providing for some sort of compensation in return for this traffic to its commercial site. Accordingly, your client, Mr. Raes, was attempting to profit from the illegal and intentional use of my client's name and reputation which is, in our view, an intentional violation of the Lanham Act subjecting your client to liability for actual damages, punitive damages, and legal fees.
As I mentioned in my second letter, the offending links seem to now have been removed by the hosting company and any actual damages appear to have been mitigated. However it is simply not sufficient to say "you caught me - now I'll stop." If you care to make a proposal to resolve amicably your client's portion of the legal fees issue at this time, I would be happy to discuss it with you. Otherwise, we will pursue the matter in a manner afforded by law. Thank you.
( TO THEIR ATTORNEY )
Mr. L:
We reference the correspondence you have had directly with our client, Joel Raes, regarding your client, Ms. DiScala. Thank you for directing that all future communications be through counsel. We do not authorize direct communications with our client with regard to this alleged matter.
It appears that your purported claim against our client is based on a mistake with respect to essential facts. The website our client is associated with is bustyjamie.com. This website contains no reference to your client either in text or in its metatags whatsoever. There is no suggestion appearing anywhere in this website that the person depicted therein is anyone other than a totally different person.
It appears from your correspondence that the website that may have had such references is a website you identify as titzworld.com. This website is neither owned nor controlled by our client and our client had no knowledge of what you have identified as purported metatags contained in such site. If you feel that further action or contributions are required, we recommend that you contact the owner of (REMOVED).com.
( FROM MY ATTORNEY TO ME )
Joel:
I now need to go into the concept of affiliate programs with this guy. Can you advise me how many affiliates you have. Also, can you direct me to your affiliate's website and the terms and conditions that apply to affiliates.
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