Cybersquatting: Class War Domain Dispute? malloryhotel.com/org

[Flint Jones <flint@mobtown.org>]

[: hacktivism :]

Instead of waxing on the theoretical problem of what the cybersquatting
bill the House recently passed, how about we talk about an actual struggle
involving domain names. 

The workers at Mallory Hotel have been unjustly fired for trying to
organize a union.  They are fighting it.  As part of that fight, the union
is supporting them... part of which is providing them with services like a
website for them to publicize their struggle, malloryhotel.org.  The
bosses, Malco, own malloryhotel.com and want to shut down the workers
rights to use the malloryhotel.org domain name.

We aren't calling for any action on the hacktivist front, yet.  However,
we would like advice on how to best proceed.  And, if you wanted to send
solidarity messages, money or your willing to walk picket with them in
Portland... please do.

This should be a fairly big deal since, ofcourse, we have no intention of
ever selling Malco the malloryhotel.org domain.  Its a rather novel
occurance, and a winnable free speech fight.

So... discuss.

Solid,
	Flint 	

---------- Forwarded message ----------
Date: Fri, 5 Nov 1999 16:53:24 -0800
From: dgriggs@RCCB.COM
To: cacanny@IWW.org
Cc: flint@jones.iww.org
Subject: Attn: Frank Little Re: malloryhotel.org

THIS EMAIL IS INTENDED FOR THE ADMINISTRATIVE, TECHNICAL AND BILLING CONTACTS FOR THE WEBSITE REGISTERED UNDER THE DOMAIN NAME 
<MALLORYHOTEL.ORG>:  FRANK LITTLE AND FLINT JONES, WHO ARE ASSOCIATED WITH THE INDUSTRIAL WORKERS OF THE WORLD, PORTLAND GMB.

November 5, 1999

BY FIRST-CLASS MAIL
AND BY E-MAIL

Mr. Frank Little
Industrial Workers of the World, Portland
PO Box 15005
Portland, OR   97239

  Re: 

Dear Mr. Little:

I am writing to you on behalf of my client Malco Hotel, Inc. (*Malco*), who owns a federally registered trademark in the phrase 
*Mallory Hotel* and who has been using that service mark since 1912.  You are identified by Network Solutions, Inc. as the 
Administrative and Billing contact for the internet domain name <malloryhotel.org>.  This letter is to inform you that your use 
of the website <malloryhotel.org> constitutes willful infringement of trademark and copyright rights owned by Malco.  

Use of the phrase *malloryhotel* in the domain name constitutes trademark infringement and trademark dilution under sections 
1114 and 1125, respectively, of the Lanham Act.  Further, that use of *malloryhotel* constitutes unlawful misappropriation of a 
tradmark, wrongful use of a registered trademark, false designation of origin and false use of the trademark under federal and 
Oregon state law.

Further, within the web page located at <malloryhotel.org> are unauthorized uses of copyrighted works.  Specifically, the site 
uses an exact duplicate of a drawing of the hotel, which image appears to have been copied directly from my client*s  website 
located at <malloryhotel.com>, and is even named with the same file name as the identical image on the Mallory Hotel site: 
*m-s-mall.*  In addition, the metatags contained within the web page contain language copied directly from the Mallory Hotel*s 
web page.  Indeed, the <malloryhotel.org> site is designed and maintained in a way such as to constitute a trade dress 
violation.

This conduct of course exposes your organization to monetary damages and injunctive relief in favor of Malco.  As you may be 
aware, such damages for copyright and trademark infringement can include statutory penalties for willful infringement, damages 
under laws governing trademarks, and damages for Malco*s attorney fees incurred in having to enforce its rights.

In view of the foregoing, we hereby demand that you do the following:

1.  Immediately cease and desist using the domain name <malloryhotel.org> and consent to a transfer of that domain name to my 
client;

2.  Immediately cease and desist using Malco*s trademark *mallory hotel* in any manner that infringes upon Malco*s tradmark 
rights;

3.  Immediately cease and desist using the image of The Mallory Hotel contained on the <malloryhotel.org> site, which image 
currently is labeled *m-s-mall*; 

4.  Immediately cease and desist infringing upon Malco*s copyright in the works on its web page, including, but not limited to 
the metatags;

5.  Confirm to the undersigned in writing, by letter received in our office not later than 5:00 p.m. on November 10, 1999, that 
you shall fully and promptly comply with each of the foregoing demands.

If we have not received your full and voluntary compliance with each of the foregoing demands by the deadline specified, be 
advised that we shall, without further notice to you, take all available legal action to compel the discontinuation of your use 
and exploitation of Malco*s trademark and copyrighted works, to recovery monetary damages to the full extent allowed by law, 
including attorneys fees and costs of suit, and to obtain such additional legal and/or equitable relief as the court may allow 
in the circumstances.  We hope that your voluntary compliance with the foregoing reasonable and lawful demands will make the 
initiation of legal action against you unnecessary.

Further, please be advised that Malco has no obligation to its employees or members of your organization exercising their rights 
under the applicable labor laws.  In addition, your organization*s actions shall in no way affect the manner in which the 
Mallory Hotel deals with any employee or nonemployee engaged in protected activity regarding the working conditions of the 
Mallory Hotel employees.  To the contrary, Malco is concerned only with the illegal actions of your organization as they pertain 
to Malco registered trademark and copyrighted property.  To that end, Malco demands that your organization cease and desist its 
illegal actions or we shall be forced to seek the assistance of the federal court to bring out your compliance.  I look forward 
to your response to Malco*s demands.

Finally, be advised that nothing contained in this letter is intended as, or may be deemed or construed to constitute, a waiver 
or relinquishment of any of Malco*s rights and remedies in the premise, all of which are hereby expressly reserved.

Sincerely,
David H. Griggs
  cc: Network Solutions, Inc.
 Client

David H. Griggs, Attorney at Law
Ramis Crew Corrigan & Bachrach, LLP
1727 NW Hoyt St, Portland, OR  97209
Tel: (503) 222-4402   Fax: (503) 243-2944
Cell Phone:  (503) 551-0445
Email: dgriggs@rccb.com
                                                                                                                                                                                                                                                           




[: hacktivism :]
[: for unsubscribe instructions or list info consult the list FAQ :]
[: http://hacktivism.tao.ca/ :]