MinusOneBit Announces Possible Trademark Lawsuit

[minusonebit]

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:

Keith Kimmel
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

[FuqALot]

Originally Posted by Manowar

[Phoenix]

blah blah blah

[Due]

Idiot
You need to learn the difference between trademark and copyright.

[crockett]

oh man at least he's entertaining.

[Enemator]

This is hilarious

[biskoppen]

"minus one bit" is a sentence... as far as I know no one can own a sentence

[Due]

I'd like to bid $10 on the domain if I can have a guarantee that minusonebit will sue me for trademark violation

[minusonebit]

Originally Posted by biskoppen

"minus one bit" is a sentence... as far as I know no one can own a sentence

Someone failed English in high skool.

[RayBonga]

Is this for real?

[teksonline]

[rogue employee]

Don't you have to own a trademark before you can sue someone for infringing on it?

[lbc213]

I almost peeded my self

[SinisterStudios]

I just spit my coffee all over myself reading this, this shit is just getting way beyond comical

[ShaveBucks]

Not real clear on what a trademark is, are you?

[TCAP]

dude, you need to talk to someone who actually knows the law.

if Screech can't win, you're shit outta luck.

[cranki]

some people have too much time on their hands...

[minusonebit]

Originally Posted by rogue employee

Don't you have to own a trademark before you can sue someone for infringing on it?

Originally Posted by TCAP

dude, you need to talk to someone who actually knows the law.

if Screech can't win, you're shit outta luck.

Two people failed Trademark Law 101.

Edit: here is another. Damn, must have been a tough course.

Originally Posted by ShaveBucks

Not real clear on what a trademark is, are you?

[TampaToker]

[ShaveBucks]

Originally Posted by minusonebit

Two people failed Trademark Law 101.

Edit: here is another. Damn, must have been a tough course.

Come back to this post when your case is won and tell us we're wrong.
But when (oops, I'm sure I meant if) that doesn't happen...... be sure to come back and cry like the little bitch that you are

[biskoppen]

Originally Posted by minusonebit

Someone failed English in high skool.

Someone avoided the issue

[JamesK]

oh my fucking god

[Tempest]

Good lord you're a nut case...

[fuzzylogic]

Originally Posted by ShaveBucks

Come back to this post when your case is won and tell us we're wrong.
But when (oops, I'm sure I meant if) that doesn't happen...... be sure to come back and cry like the little bitch that you are

i am just curious, but can you explain why it wouldnt happen? can you provide a counter argument? i never took trademark law 101 ...

[k0nr4d]

[ElisaBabe]

why don't u register the domain name before ?

[ShaveBucks]

Originally Posted by fuzzylogic

i am just curious, but can you explain why it wouldnt happen? can you provide a counter argument? i never took trademark law 101 ...

You tell me. What chances do you think you'd have against the people who registered "fuzzylogic.com"?
I mean, you have the nickname on a message board. It must belong to you, right?

[crockett]

Originally Posted by ElisaBabe

why don't u register the domain name before ?

I'm sure he hides behind fake nicks and has likely had a few banned in the past. His forum name is likely a throw away.

[Tempest]

Originally Posted by minusonebit

I first used the “minusonebit” trademark on or about February 19, 2006

Took me about 3 minutes to find information that appears to make his claim of trademark infringement invalid given he said he hadn't used minusonebit prior to about Feb 19, 2006. He's lost before he even began.. LOL

[minusonebit]

Originally Posted by Tempest

Took me about 3 minutes to find information that appears to make his claim of trademark infringement invalid given he said he hadn't used minusonebit prior to about Feb 19, 2006. He's lost before he even began.. LOL

LOL, who used it before me? What you just said would mean that I *win*, not lose.

[V_RocKs]

No TESS records were found to match the criteria of your query.

You have to register a trademark, bro...

You have nothing on record so your suit would be frivolous.

[V_RocKs]

In other words... Simply using that term doesn't give you a trademark.

In fact.. I am thinking of submitting a trademark application just so I can fuck with you.

[V_RocKs]

You also may not have exclusive rights to the mark.

In other words... If you use Tide as a mark for your household cleaning items that may not be enough to stop me from using Tide as a mark for my company that produces wetsuit and diving products.

[V_RocKs]

But since your mark is NOT used for a business I don't think you will get very far...

All John has to do is make a blog called minus one bit of brain.

[d-null]

in the top post I believe you meant to reference experTlaw.com

[MattO]

Why aren't you suing Asshole.com? By your logic you've had the trademark on that since you were born.

[k0nr4d]

Originally Posted by V_RocKs

But since your mark is NOT used for a business I don't think you will get very far...

All John has to do is make a blog called minus one bit of brain.

I heard its gonna be a SPH niche site (Small Penis Humiliation)

[d-null]

I'm not a lawyer either, but it seems to me that as long as the domain is not actually used, there might be no grounds for a suit.

Parking it might not even be a good idea, but just having it registered and not pointed to any nameservers couldn't really be said to be infringing on any trademark.

Lawsuits are serious though, and the amateur opinions in my post and others should be taken for what they are worth, and only qualified legal opinions should be considered.

[bns666]

Originally Posted by MattO

Why aren't you suing Asshole.com? By your logic you've had the trademark on that since you were born.

[xmas13]

Originally Posted by k0nr4d

I heard its gonna be a SPH niche site (Small Penis Humiliation)

[Farang]

holy moly he'll never stop

[minusonebit]

Originally Posted by V_RocKs

But since your mark is NOT used for a business I don't think you will get very far...

All John has to do is make a blog called minus one bit of brain.

1. You see, but it has been used as a business and transactions have taken place. I have sold my sig at least three times that I can recall on here to three separate parties. I have sold links using this domain to at least five parties through the Buy & Sell forum. I bought a blog from a user here.

2. Making a blog called minusonebrain would only further solidify the claims of disparaging, slandering and/or libeling the mark. That would really not be a good idea, but neither was registering the domain to begin with.

Originally Posted by jetjet

I'm not a lawyer either, but it seems to me that as long as the domain is not actually used, there might be no grounds for a suit.

Parking it might not even be a good idea, but just having it registered and not pointed to any nameservers couldn't really be said to be infringing on any trademark.

Lawsuits are serious though, and the amateur opinions in my post and others should be taken for what they are worth, and only qualified legal opinions should be considered.

1. It is pointed to name servers, but thats irrelevant anyway.
2. His having it deprives me of its use. Being that I am the one who owns the trademark and not him - and he was never licensed to use the mark (as far as I know), he is not allowed to do that. It doesn't matter if he ever published a single bit of information there.

[d-null]

Originally Posted by minusonebit

1. It is pointed to name servers, but thats irrelevant anyway.
2. His having it deprives me of its use. Being that I am the one who owns the trademark and not him - and he was never licensed to use the mark (as far as I know), he is not allowed to do that. It doesn't matter if he ever published a single bit of information there.

1. not irrelevant, if he is not actually using the trademark in any way (which could be as simple as having it parked in my opinion), then it is not actually infringement (in my opinion)

2. seems to me that that 'deprivation' would fall more into the realm of squatting which is generally a domain registrar issue, isn't it?

I'm out of the discussion now, because I have no authority on the subject, and it is way too late to be typing gibberish on the internet

[ShaveBucks]

Let me ask you this: Did you at least consult a lawyer before issuing this letter?
It's pretty obvious that you didn't have a lawyer write it for you. But you could have at least asked one if you had any grounds for a case.

I'm assuming that you're sitting their in your own little ego trip, thinking that you know better than lawyers do anyway, and drummed all this up on your own.

[GonZo]

Originally Posted by Due

Idiot
You need to learn the difference between trademark and copyright.

Ignorance...yet another favorite attribute of a cockholster. Of course when you want to be the next Eric Rudolph what does that matter?

Wouldnt surprise me when Albright is done with all of this he will own his very own personal paperboy.

You got to hand it to him though. Hes much better at this than AlienQ.

[Clean_Franck]

I thought to own a trademark you have to file papers and go through a legal process.

Or am I wrong, if so could someone explain where I am going wrong please.

[lbc213]

Originally Posted by MattO

Why aren't you suing Asshole.com? By your logic you've had the trademark on that since you were born.

[crockett]

Originally Posted by minusonebit

2. Making a blog called minusonebrain would only further solidify the claims of disparaging, slandering and/or libeling the mark. That would really not be a good idea, but neither was registering the domain to begin with.

ummmm I think you are infringing on my copyright. I coined the phrase "minusonebrain" several days ago and have record of using it on this forum.

[V_RocKs]

A better example.

John could create a software called MinusOneBit or create a company doing the same thing you do in New Jersey and engage in the same practices as you. Your rights are only for where you use the mark. He could probably even register your moniker at other forums and be allowed to use them there since you do not conduct business in those forums.

Or make an offshore company named MinusOneBit that sells hosting... lots of different ways to keep it.

[Scootermuze]

You really are trying to dig your own grave aren't you??

Sending such a letter would represent a false claim, as you do not own a trademark to that name... and would be a clear cut act of harrassment..

I'm sure Albright's lawyers will appreciate it in that you seem to be doing their work for them...

and you're developing a pattern through this whole fiasco that any judge can see...

I'm thinkin' you're soon to find out that you're not as invincible as you apparently think you are...

Good luck with that..