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  1. #1
    ABW Ambassador
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    So glad I stumbled onto archive.org recently, this little tid bit may come in handy regarding Freebies Magazine.
    Proof positive of abandonment ?

    Abandonment will be one of my many
    affirmative defenses (and maybe one of yours now too), if they go through with this retarded claim...

    As of Dec 14, 2000 - The magazine was still in circulation , but obviously hurting, and
    on it's way out : http://web.archive.org/web/200101191....freebies.com/

    As of Jan 19, 2001 - No longer taking renewals or new subscribers, decided to convert Freebies Magazine from a print magazine to an online magazine .
    http://web.archive.org/web/200012141...com/index.html

    How do you say... abandonment and misuse of a trademark in order to attempt to monopolize a common word ? [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img]

    By the way, sent a reply to them via certified mail yesterday ( Not the same letter you all read). This one took me quite a while to research and compose. There is no way they will win this, and I won't even bother with an attorney, this is any easy one, with at least five STRONG
    affirmative defenses in my favor, without even the need to challenge the mark at all.

    Lisa


    Okay, so now I think I better just get on with my life , and move on to other things while I play the waiting game , right ?
    :confused:

  2. #2
    Guest
    Lisa,

    They really didn't abondon the mark, in USPTO terms ... but they did cease their "typical" operations and changed the class of service in which it used it's mark.

    I noticed that they changed their "logo" err, I mean Stylized Trademark hmmmmm ....






    This change happened in Sept-Nov 2001.

    I'm calling them after lunch and will keep you posted.

    Haiko

  3. #3
    ABW Ambassador
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    Haiko, the type of abandonment I was refering to, was in the fact that they abondoned the mark, as far as it's current
    use in commerce, and weakens the strength of that mark considerably. I was not refering to whether they actually "abandoned" it per se with the trademark office.


    Lisa

  4. #4
    Guest
    Lisa,

    I spoke with them (Julia Weber) ...

    Quick Facts:
    <UL TYPE=SQUARE><LI> They have 200 emails showing confusion between freebies.com and other freebies sites
    <LI> They have only sent out 40 cease and desist letters
    <LI> They feel that only these 40 sites have caused this confusion
    <LI> They are not asking the other 1,400+ freebies sites to cease and desist.
    <LI> They realize that they can not win a TM case (based on the facts inmy mail to you)
    <LI> They chose these 40 sites because of:
    1. Name Similarity
    2. Appearance (site copying)
    3. Verbiage (Pranaving)
    <LI> They will send out a "second letter"
    <LI> The "NEW" route for the "action" is ICANN
    <LI> I have a call into their PR person to get more info[/list]

    Will post more after next call ...

    Haiko

    [ 01-24-2002: Message edited by: Haiko ]

  5. #5
    Guest
    Spoke with Lyn Carlisle (Carlisle Communications ) PR firm for Freebies.com???

    What an obtuse arrogant POS! :eek: :eek: :eek:

    She will be arraigning Phase II (ICANN) in the next 30-60 days.

    Haiko

  6. #6
    ABW Ambassador
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>3. Verbiage (Pranaving)
    <HR></BLOCKQUOTE>

    [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img]

    Dave

  7. #7
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    LMAO
    Pranav can now be proud of his legacy he has left here.
    Pranaving HA HA

    Haiko Did you get that other message that showed link for the screen shot?

    WW

  8. #8
    Guest
    WW,

    Yes I did ... do you have Windows2000?

    Haiko

  9. #9
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    ummmm
    cough cough
    '95 :eek:
    cough cough
    runs away from all the laughter LOL
    Course it hasnt done it since I sent the info. :confused:

  10. #10
    Guest
    WW,

    <IMG src=http://www.abestweb.com/ubb/icons/icon36.gif> <IMG src=http://www.abestweb.com/ubb/icons/icon38.gif> But as long as it works .. what the hey!

    RE: Screenshot .. ok now that is weird because it is a 2000 issue :confused:

    Haiko

  11. #11
    ABW Ambassador
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    Probably something in an ad
    When I check my stas I notice sometimes the screen runs an ET ( as in ET call home ) ad that tries to have an active x accessed only when this ad is displayed??? Maybe it was same sort of thing with someones ad causing it.
    I ll let you know if it occurs at any other time as it has stopped.

  12. #12
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    Really ... 40 sites out of thousands they decided to pick on. This gets absolutely more ridiculous then before .

    Now the steam is starting to come out of my ears !
    My site not only does not look anything like their site now, nor did it ever !
    The freebies are even totally different, as well as the marketing channels , since I do not promote any mail-order to a P.O Box, S&H rip off , bubble gum machine quality junk . My site consists of a directory of hyperlinks to external websites, (we all know that ), and their freebies consist of an exclusive listing of junk. What a crock of sheet !

    If they have received over time, 200 emails that involve 40 sites total, that is really not that much.

    Here is an email I got just yesterday from a confused web surfer - this kind of crap happens sometimes .... Geez , give me a break :

    I have read in Women's World Magazine that www.NestEggs.com will send you
    coupons that when used at grocery stores, the money will be deposited in a
    Bank Account earning 15% interest. At any time, you may request the money
    and it will be mailed to you. Is this your site? Please send me details.
    Thank you.
    Linda B (last name removed )
    ------------------------------------------

    Now really, can my site be confused using the "ordinary man" standard in law , with Nesteggz ??

    NO, It absolutely can not , yet someone was confused about this . For some odd reason, I am getting traffic from somewhere for the search term "nesteggs", can't really tell with this crappy built-in stats panel I have .
    Anyway, could be coming from an old cached page that used to have a mis-spelled link to them .

    My guess is that "whoever", was looking for my site because they were at it before and found some goodies they liked (I seriously doubt too many people are searching to return to theirs ), AND , instead of my site coming up in the results, the search results must have returned freebies.com .

    I'm picturing the confused visitor surfing the freebies.com site , and thinking... Duh
    What the heck ? The search engine said this was the right place . The last time I went here, it looked different, I think it was Lisa's freebies , I don't know, it was something about freebies, could have been freebie jeebies, Lolitas freebies, some kinda freebies ,anyway, there was much better stuff than this junk . Darn, got knocked of AOL again !!!

    While they were there, they may have emailed them a stupid question . This is BS, and I can not believe this nonsense .

    Haiko, do you think these people HONESTLY have a chance here ?

    Lisa

    [ 01-24-2002: Message edited by: Lisa ]

  13. #13
    Guest
    Lisa,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Haiko, do you think these people HONESTLY have a chance here ?<HR></BLOCKQUOTE>

    One word answer ... NO!

    I want to get the 40 owners together and sue Freebies (not a Fred suit [img]tongue.gif[/img] ) and also get their TM booted for this crap! :cool:

    Haiko

  14. #14
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    Lisa: They have chosen the people who rank higher than them on the search engines.

    Secondly, it costs $1,000 per filing at WIPO - do you think they will spend $40,000 on this? Nahhhhhh!

    Haiko: Good of you to call them, it's nice you're so helpful over this...

    [ 01-24-2002: Message edited by: evilbob ]

  15. #15
    Guest
    evilbob,

    They are not going the WIPO route.

    The will go with ICANN via URDP ... with a false TM CLAIM ... it will make the hosts shut the sites down (URDP regs) and then make the respondents answer accordingly ... If they don't (because they are scared) then the Freebies.com but heads won and their site is offline ... based on shoot! :eek:

    I am formulating a letter to ICANN and the "case" for the TTAB at the USPTO about them as well as gathering the freebies sites webmasters' addresses for "OUR" mutual and multiple response. :cool:

    I hate this kind of malarkey!

    Haiko

  16. #16
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    Haiko, just got off the phone with the owners of MomandDads.com , and americanfreebies.com (two freebie sites ), both run by a husband and wife .I invited them to join abestweb and got to speak to the wife for a while .
    These are real nice people from what I can tell, and if it isn't enough that the husband is out of work because he is too busy battling cancer, they are now bothered by this stupidity as well.

    The americanfreebies.com website got the C&D, and they did not respond. They are concerned about the cost of having to defend themself with an attorney. I feel for these people, I really , honestly do.

    They apparantly need to keep the site alive, as it produces an income .

    I truly need your guidance here, Haiko,
    hoping you won't lose interest in this and leave me hanging out to dry.

    Trying to get all the sites. So far, all I know about are 8 out of the supposed 40 selected for harrassment:

    absolutefreebies.com
    americanfreebies.com
    ilovefreebies.com
    omgitsfree.com
    Freebzone.com
    KillerFreebies.com
    FreebiesforWomen.com
    lisasfreebies.com

    Lisa

  17. #17
    ABW Ambassador mousejockey's Avatar
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    Lisa, I don't know if this is of interest to you, but onresponse is promoting their new program freebieclub.com

  18. #18
    Guest
    Lisa,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>I truly need your guidance here, Haiko,hoping you won't lose interest in this and leave me hanging out to dry.<HR></BLOCKQUOTE>

    I'm in this for the long haul ... I promise!

    If you can gather the 40 .. It will make it that much easier ... we, will stop, Freebies.com, and very quickly!

    Unlike other admins ... I'm in ... and for the long haul ... http://www.abestfreebie.com .... what affects one of us ... will affect all us!

    Haiko

  19. #19
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    Still picking up the pieces, but I am skimming through the entire Section 15 of the U.S. Code , and some other related research for the rest of the night .

    The mark is 100% contestible, and the Section 8 and 15 affidavit they filed is useless as it applies to them.
    15 USC 1065
    (Now why didn't I know that, I am so mad at myself for not catching that sooner, darn... I used to be so good at this stuff )

    Thinking about letting them win the first round, you know... getting the domain transferred to them by ICANN , etc.

    Nah,
    On second thought... I couldn't lose if I tried, even if I went into the court room picking my nose, so I might as well just do the work that God has given me and trusted me with the responsibility to do the right thing .

    Lisa

    [ 01-24-2002: Message edited by: Lisa ]

  20. #20
    ABW Ambassador Joey's Avatar
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    I can't say that I've been emailed by these jerks, but I hate to just sit here while my fellow freebie sites are attacked. If there's anything I can do, just let me know.

    -Joey

    PS:
    <IMG src=http://www.abestweb.com/ubb/icons/icon14.gif> abestfreebie.com <IMG src=http://www.abestweb.com/ubb/icons/icon14.gif>

  21. #21
    Content $ Queen Ebudae's Avatar
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    never mind

    [ 07-30-2002: Message edited by: Vicki ]

  22. #22
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    Vicki

    Thanks, and I do understand the situation to some extent, which is why I am so concerned, and not soo quick to brush off this whole thing and ignore these very real threats as others have.

    Sorry to hear about your previous experience, but I think if you stuck it out, you may have just won. I don't know all the OTHER circumstances, but just based on what you said, looks as if you could have been bullied .

    As you know, To every rule, there is an exception ,you just have to be sure find it, and point it out to the right person.

    A famous quote :
    "Anyone that is not totally confused, does not understand the situation ."


    The fact is , they have given me almost no choice here, but to take legal action BEFORE they get this case before ICANN . By doing so, and contesting the mark, and if I were to be so bold, file suit for harrassment, there is a good possibility that ICANN will suspend making it's decission until the issue is resolved, which would be much better than the very real possibility of a seizure, or transfer, of the domain, to Freebies Publishing .


    Eithor way, I have wasted a lot of time so far, and I just can not go "searching" any longer for the others involved in this.

    Keep you all posted as things go along.

    Lisa

  23. #23
    ABW Ambassador qball0213's Avatar
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    I don't remember if they mentioned specific websites or not, but there was a big discussion about it at geekvillage.com in the making money on the internet forum.

  24. #24
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    Haiko & All.

    This Cease & Desist Stupidty brings up one thing I have been saying to webmasters and everyone in general for years.

    You need to get PrePaid Legal. Why? Because
    if you had it and this happend to you they
    would have written the letter and contacted the attorney of the Freebie idiots with no charge as apart of your "Legal Assurance
    Program."

    And as soon as the Freebie attorney got a letter back from another law firm and a reasonably well know one to boot, since PPL uses only what the legal people call Class A firms, they would think twice before continuing.

    Paying the $15 or $25 per month for PrePaid is worth every penny and more. You never know when something bad or stupid that could cost time and money will happen and having PrePaid is at least a first line of defense.

    It dosen't matter who you get it from - at least look at getting it.

    If you are in business of any kind it's a must have tax deductible expense.

  25. #25
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Fred,

    Their Lawyer (relatively a big shot) didn't send the C&D. He actually laughed at the morons for sending it.

    Now they plan the ICANN route and arbitration there ... so I'm polishing up on all the procedures.

    Haiko

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