MY RESPONSE TO HOWARD ROSEN / BERGER KAHN FAX:

Dear Howard Rosen,

    It has come to my attention that you have hired a law firm to write a letter to Domains by Proxy, Inc. and GoDaddy.com to demand that they turn over my domain name HowardRosenBeware.com to you and that they also populate the whois database with my personal contact information.

    My website is non-commercial and everything listed on my website is true and provable in a court of law. The non-commercial use of my website and domain name of my website — the subject of which is consumer commentary about the products and services represented by your company — does not constitute infringement under the Lanham Act.

    The purpose of the Lanham Act is to secure to the owner of a mark the goodwill of his/her business and to protect the ability of consumers to distinguish among competing producers. The HowardRosenBeware.com website does not infringe upon your trademark(s) because it does not use the mark(s) in connection with the sales of goods or services. HowardRosenBeware.com is not a company, but that of an individual consumer giving commentary and facts about your business.

    You have 5 days from the time you receive this letter to write or fax me your intent to cease and desist all form of libel against me. If I receive more forwarded letters or direct letters from you or a law firm who accuse me of making “numerous false defamatory statements” on my website, then I am prepared to take legal action against you promptly. Failing to cease and desist, I will apply for an injunction, and will also seek to recover costs and damages for your intimidating, false claims, and libelous conduct against me.

    Furthermore, by accusing me of making “numerous false defamatory statements” on my website is to say that the professional reporting companies I received the information from and sworn individual testimonies I received are all liars, if so pursued by each individual, they may take separate legal action accordingly.

    By accusing me of cyber squatting, trademark infringement, and libel, I now have standing to prove a case against you in small claims court if this matter continues from your lack of knowledge of the law and by my right under the First Amendment and Lanham Act as a citizen and consumer in the United States of America.

    Again, I am prepared to take prompt legal action against you if you do not cease and desist from all accusations against me and my domain providers Domains by Proxy, Inc. and GoDaddy.com.

    This is an urgent alert to you on this matter, and I look forward to hearing from you with your intent as a matter of urgency.

Sincerely,

Clarence Steele
Consumer

© 2007-2008 HowardRosenBeware.com. All rights reserved.
(Everything copyright HowardRosenBeware.com with exception to third-party links, court documents, and all other documents/pictures that are noted and credited otherwise.) Click here for full disclaimer and privacy policy.