TWI has sued me, and I hope TWI's attorneys like to ski

[GarthP2000]

Raf,

Apparently some folks have something akin to a death wish.

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[Mod Kirk]

no namecalling, please

[Zixar]

Pat: This is what they'll nail you for bad faith on: 15 USC 1125.d.1.B.i.A.V:

quote:

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(V) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;

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You knew "thewayinternational.com" incorporated their trademark. You might have survived a dilution claim with "The Way of Christ", but there's no way you can feign ignorance with "thewayinternational.com".

You knew that you were not authorized by the mark holder to offer any bona fide services in their name. (that's in the next subsection, VI) The "news reporting" claim won't stand up when you've consistently editorialized your continued animosity towards TWI, even if it could possibly be construed to extend to cybersquatting on their domain name. The poll for discovery question "fishing" requests was incredibly stupid. They don't have to prove all the tests for bad faith, just one.

For God's sake, Pat, settle this out of court before they wind up taking everything you've got. This isn't some TV show where the judge reads off a script. This is a Federal statute that's saying you are civilly liable for damages. Even if they go easy on you and just make you pay their legal fees if this goes to court, that's still going to be tens of thousands of dollars. It's just not worth it.

[pjroberge]

Rafael, Zixar and all,

I have only discussed the legal points in this thread that TWI's attorneys already knew about.

Now that the lawsuit over trademark infringement and cybersquatting has been officially served, I will not discuss anything further about what is coming until I file my answer to TWI's complaint.

Many of you are concerned about my divulging my game plan, and at this point in the case, all information previously known to TWI's attorneys has been discussed.

Anything else discussed would reveal the game plan. So until my papers are filed with the court, I will not discuss anything further.

quote:

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For God's sake, shut up before you get yourself in real legal trouble. We may be amateur lawyers here, but trust me, TWI's lawyers are NOT amateurs

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Rafael: Please do not be concerned. The lawyers I have consulted with are not amateurs

quote:

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For God's sake, Pat, settle this out of court before they wind up taking everything you've got.

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Zixar, please do not be concerned.

A note about legal wordings etc.

Many if not most of the words used in legal statutes does not mean what it does in a standard english dictionary.

In the legal profession, there is actually a legal dictionary that explains what the terms mean in the legal context, and it many times means something completely different.

So, until I can discuss the case further, I bid you all farewell until I can discuss this further. Pat

[Al Poole]

Maybe.... just maybe.... when twi presents "who they are and what it is they do"... Mr Pat will be able to dredge up the facts concerning recent out of court settlements made by twi and show what they really do and that the bot were complacent in their actions concerning certain on going criminal sexual coersion.

.....okay it's a long shot I know, but one can hope!! I still think somebodies need to go to prison over that stuff!

[Zixar]

Well, Pat, I certainly hope I am wrong. Perhaps the judge will see it your way, maybe you can use the whole laches/estoppel thing to show that they knew about it and didn't do anything about it in a timely manner, I don't know. But just going on what you've presented here, I'm not optimistic.

God bless,

Zixar

[Raf]

Ditto what Zix said.