Well, it looks like JeffB was not satisfied with what the arbitration handed him....

Wow! Harm was likely to be suffered in Texas?? Gotta love lawyers! uke01:

DISCLAIMER: The opinions posted are the thoughts of the poster, and in no way embody the opinions of the management. The person responsible intended no harm in the posting of this text. If any legally connected careerist has been affronted in conjunction with its publishing herein, or unto which said legally connected careerist if felt to have suffered irreparable impairment, he may contact the said person responsible for appropriate dialog, resolution, restoration or restitution, et al.

:roflmao:



Seriously...

I had no idea that he lived here in Austin! Rich, if you need anything done here locally let me know. I'll be happy to assist you in any way I can. An honest man deserves nothing less.

I don't get it?

He's being sued for having a mirror website to this on kings, which just so happens to have a similar url/name to his domain?
Wouldn't it have been cheaper for him to have bought that domain too if it was that much of a big deal.

There wasn't any defamation to the company name or anything was there? Like if he bought that domain in order to mock the other one, or have a malicious intent to the company or something.

Whatever, best of luck with that one Rich.

I hope you win, Rich. But legally, it looks like Jeff has a good case, IMO. Trademark law is pretty clear about the claims being made, even to a non-lawyer like me.

I have some amendments to make though:

11a. In addition, the mark KINGSNAKE.COM has acquired distinctiveness through Jeff's childish attitudes and whim which he regularly inflicts upon people using the portal site. As a result of such behavior, the relevant consuming public in Texas and elsewhere widely recognizes and associates the mark KINGSNAKE.COM with idiotic, childish, and wholly disrespectful treatment of forum readers and posters.

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34a. Unless restrained from his own childlike fits of anger, these acts of self-destruction will continue to cause irreparable injury to OnlineHobbyist and to the public which still uses the site's forums.

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Also, if you need anyone to testify about how OnlineHobbyist has driven away a great deal of its own traffic by its own behavior, and the types of crap they've pulled on the forums, I'd be glad to help. I am only one of MANY people who were driven AWAY from that site precisely because of Jeff's behavior. And I'd really like to know that Jeff's "business practices" are on record somewhere so that everyone will be able to see what a jagbag he is and how he completely disregards his customers and their hobbies for his own egomaniacal purposes.

The issue of trademark was discussed at length in the arbitration complaint filed by JeffB and refuted by my attorney very effectively. Anyone interested in reading this material is welcome to do so:

KINGSNAKES.COM arbitration panel decision

Also, the Patent and Trademark Office has exhaustively addressed the issue of domain names as trademarks, and you are welcome to read their Examination Guide concerning this issue.

BTW, thank you all for your offers of help. It is gratefully appreciated.

So if he was denied before, how does he expect to win a law suit? It has already been determined that he cannot trademark the name "kingsnake."

I noticed also that you didn't originally set up the kingsnakes.com domain. You acquired it from someone else. Is that going to have any effect on the suit?

So if he was denied before, how does he expect to win a law suit?

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Because another lawyer has another chance to make a buck.

Without trying to sound like Chicken Little, there is one reason that someone shot down under one review might take it to a different forum. The rules of evidence vary from arena to arena.

So, a particular piece of evidence, which may have been very persuasive to the Arbitration Review Board, may not even be admissable in a civil trial. Or, it may be that something which is not terribly pertinent to the arbitration process stands out like a sore thumb in civil court. Or, any other aspect along these lines could be true, including the idea of trying to sway a jury (which is not comprised of trademark experts like the Arbitration Board was) as in, one made up of fellow Texans! In reality, anything is possible, once you enter this new phase of the process.

Because the rules/goals may be vastly different in varying forums of examination, the outcomes can be vastly different. For example, O.J. was found not guilty in criminal court, but financially responsible for the deaths of those two people in civil court. Same case, different levels of proof required, varying types of evidences admitted, all equals completely different outcomes.

I sincerely hope everything turns out well for you, Rich. Please know that we are all behind your continued success with this site (and the others) and with Serpenco!

the idea of trying to sway a jury as in, one made up of fellow Texans!

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Back-off Hillbilly! Texans are as fair-minded as they come. In the Lone Star State, a man is presumed innocent until he is executed!

Wow!

All I can say is I wish you the best of luck.

Question

Can someone explain what is going on please? It seems like I am missing some background information.

I'd appreciate a short summary.

Well lets see here..

JeffB chased off most of his posters and clientele using childish methods from his website, Kingsnake.com, and they all seemingly congregated on Rich's sites, FaunaNet and this forum. So subsequently JeffB threw a temper-tantrum.

To add insult to injury, Rich bought a site named Kingsnakes.com.

So thats pretty much what happened, excluding a few well placed potty-mouthed phrases in which Rich showed his maturity and his army (all of us) and JeffB showed his age, 12. =P


Rich,

I personally see no "use with bad faith" on your part for the kingsnakes.com website. You have a site for corn snakes entitled cornsnakes.com, so why not one entitled kingsnakes.com for king snakes? To me it seems that you're catering to the people JeffB is chasing off his own sites. First it was the corn snake forum, and now other ones as well. Kudos for you for giving people like me a place to hang out where I'm not censored, bleeped, or my posts entirely deleted because they don't agree with what I said. Misery loves company, and I hope JeffB doesn't drag you down with him into his quagmire of selfishness.

Not to be too nosey, but what are the views of the other "Big Name Corn Snake Breeders" on the matter concerning JeffB, Kingsnake.com, and you? Have they severed their ties with his website as well?

As one who left that shoddy establishment before I could be banned (it would have happened, trust me), you have my utmost support in this matter. Best of luck to you!

Not to be too nosey, but what are the views of the other "Big Name Corn Snake Breeders" on the matter concerning JeffB, Kingsnake.com, and you? Have they severed their ties with his website as well?

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No. And I would have been very surprised if they had.

Oh, above, I believe you meant "FaunaClassifieds", and not "FaunaNet"...

Well poo. I guess I can always hope eh?

And yes, thats what I meant. I was just too tired, bewildered, and lazy to go verify before I typed. Sorry. =P

:angry01: Another immature and UNAMERICAN person trying to make a cheap buck and knock down any and all fair competition. I'm so tired of these BIG bullies coming in and trying to shut down hard working folks that have earned their way to high status just because they feel threatened by it! What a worm! Sorry... thats what it looks like to me and that is just how I see it. My family has to deal with this type of crud as well. Different business, but same ideas. It ticks me off when I see how hard my father (as well as Rich I'm sure) has worked for years! Am I off with this??? Maybe I read the claims wrong, but that is what I got out of it and I personally don't want to support a cry baby... AND WONT!
I'll deal soley through fauna classifieds unless the stooge decides to back out and apologize!!!

Best of Luck to Rich.. we're all with ya!

Wow

I had no clue that any of this was going on I was on vacation for 3 weeks.
I have to say I had to re-read to understand. I also would like to mention when I type the search engine google i never no if its google or googles. and actully I dont remember right now but one takes you to the seach engine the other takes you to this colorful game type thing.
I did cheack out his website and as a person new to forums (this being my first ) i found yor easy and his too confusing.

I wish you luck!!!

Jaimee

As my mother was recently discharged from her job, illegally according to the company's own handbook. They didn't follow procedure that they themselves wrote. And having to accompany her to a lawyer and all of that jazz, I was reminded of you in all of it somehow.

How are things going with the Jeff B situation these days? I'm not trying to be nosey, just more or less concerned about it all.

me too i hope things are going o.k your doing a great job. niki .