Trademark Dispute Information
Special Notice: A purpose for posting this is we are asking our website visitors (possibly attorneys too) to send us feedback on this matter as far as the legalities involved to help us in our defense of the alleged implied lawsuit threat from the attorney "J Brock Herr" and his client. Here is our original response sent to J. Brock Herr, Esq. | IP Clearances Executive & Legal Counsel | CMGWorldwide.com -- the attorney and legal counsel for CMG Worldwide:
Dear Mr. Herr, Our Lou Gehrig website was not doing so called "fund-raising activities" and is basically a disease health information resource. In the past we had a button to make a contribution with the intent to in-turn forward 100% of the donations to a Lou Gehrig ALS Disease non-profit foundation. However, the website had very little traffic and is a very small website and had extremely low traffic going to it. The traffic was so light we never had even one contribution ever made and never had the desired opportunity to make any contributions to fight the disease, unfortunately. In fact, the site was not a "fund raising activity" no matter how much you stretch your vivid but false imagination and never had revenue from any source, at least from what I recall. The contribution button has already been removed from the site as a result of you objecting to contributions (and the obvious implication you may file a costly to defend lawsuit against us) and since it also served no purpose with zero contributions ever made. By the way, why are you seemingly objecting to contributions that may be made to fight ALS Lou Gehrig's Disease? We find it hard to believe Mr. Gehrig himself would not want contributions made to charitable organizations fighting the terrible disease! Are you aware there are 100s possibly 1000s of websites using the name Lou Gehrig in a charitable or information way. Why do you allow them to operate but not us? Especially weird since a number of the other sites are very large websites with lots of traffic! P.S. Unless you object in a valid way, we plan to post this ridiculous complaint on our website and possibly elsewhere so to get feedback about the fact it's alleged based on this complaint you and CMG Worldwide® allegedly don't want contributions made in the fight for the cure to ALS Disease. Sincerely, David Green, Lou Gehrig
New e-mail from Attorney Brock Herr July 2, 2013 demanding we give him the domain name and still claiming we used it for fund-raising purposes and even claiming we should not use the standard trademark symbol while the truth is displaying the Registered Trademark Symbol is actually required, legally. see below reply...
Subject: Alleged Unauthorized use of Lou Gehrig for ALS Disease Fund raising activities July 2, 2013 To Mr. Brock Herr, Tried calling you today but once again no answer! Do you ever answer your phone or return calls? It's really surprising you do not know that when someone refers to a name online which is a trademark that it is normal and customary to use the registered trademark symbol next to the trademark word. In fact, it is required from what we understand and NOT using the trademark symbol is in fact a trademark violation in itself and grounds for a trademark violation lawsuit, the exact opposite of what you are saying! Using the trademark designation is by no stretch of the imagination implying we own the trademark or have any rights to it, in fact it is ludicrous and ridiculous for you to say that! The correct way to operate online is always use the trademark symbol when linking or referencing someone's trademark. It is amazing you are not aware of that. Are you a new attorney lacking experience in that aspect of the law? It's quite shocking you do not know that Brock. It's also ludicrous and quite farfetched that you still insist we were using the name to do "fund-raising activities." As explained, we never did fund raising activities and in fact never got even one donation - EVER! Do you have evidence to support your made-up BS claim? The domain has been online OVER 10-YEARS since June 2003. Why would it take 10-yrs to worry about our using the domain name? Makes no sense. The domain name and website haves good value and attributes well beyond it getting little traffic or any revenue. It is part of our well known health network of disease, health and wellness websites, We will NOT be giving you the domain name under any circumstances. A lawsuit by you against us gives me great confidence we will win in litigation. Please cancel this false and unjust claim immediately or we will consider a lawsuit ourselves to ask the court to verify we have rights to the domain (or we may file a reverse domain hijacking lawsuit against CMG Worldwide). Sincerely, David Green, Health, Wellness, & Disease CC: Mark Roesler and Rip Van Winkle Organization®