From: Mike Shkolnik [email@example.com] Sent: Mon 6/10/2002 10:43 PM
Cc: firstname.lastname@example.org; email@example.com; firstname.lastname@example.org
Subject: In receipt of your letter
To Robert W. Payne
Alleged legal council for Monster Cable Products, Inc.
I have received your letter dated June 7 referencing MONSTER.BIZ and including the threat "We have otherwise been directed to immediately file suit in federal court to contest your use of 'monster.biz' for trademark dilution and infringement".
Two companies can use the same name as long as they are in different businesses and the companies would not be confused for one another. In fact, there are 20 registered trademarks for the word MONSTER, included in the 471 trademarks that include the word MONSTER, and registration is not required so there are many more companies that are legally using the word monster. For example - Word Mark: MONSTER, Goods & Services: DISTILLED SPIRITS AND ALCOHOLIC BEVERAGE PRODUCED FROM A BREWED MALT BASE WITH NATURAL FLAVORS. As you state you are aware in your letter, I have a monster shop. I sell monsters whereas Monster Cable Products, Inc sells cables. Would a reasonable person confuse a giant alien creature with an analog interconnect? Would the look and feel of my web site make people think they are at the web site of Monster Cable Products, Inc? No conflict, no confusion, no infringement. The whole reason that multiple TLDs were created was so that different companies could use the same name.
In addition, there is an arbitration process in place for resolving domain name disputes. If your firm is not familiar with the arbitration process, you can go to www.verisign.com and look it up.
Clearly there is no infringement here and there is a process in place to settle disputes without law suits, so why did you write me a threatening letter? In hopes I wouldn't know anything about trademark law and conflict resolution procedure and might be frightened by the threat in your letter? It didn't work.
Further, I do not recognize your law firm as representing Monster Cable Products, Inc. Anyone could have sent me that letter in an attempt to take the domain name from me and resell it to Monster Cable Products, Inc. I have received no contact whatsoever from your alleged client prior to your threatening letter and thus have no reason to believe that Monster Cable Products, Inc actually has a complaint.
You are aware of the laws and procedures in cases like this. I recommend you do not pursue a direction which ignores them. I consider any further action along these lines on your part or on the part of Monster Cable Products, Inc, to be bullying, harassment, and strong-arm tactics. Most people don't take kindly to big companies strong-arming the little guy.
Sincerely, Mike Shkolnik
Legal owner of MONSTER.BIZ
Irene Baran, COO, Monster Cable Products, Inc.
Daniel Graham, PR Monster, Monster Cable Products, Inc.
Jim Klar, Internet Marketing Group Manager, Monster Cable Products, Inc.