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The
Reorganized Mormon Church threatens to sue this site. COC [sic] ... Community Of Christ threatens to sue
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The Mormons' lawyer conts the
Internet Service Provider who hosts this domain name...
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From: Julie Gheem <JGheem@kmclaw.com> To: <abuse@he.net> CC: <ben@he.net> NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use this information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. Thank you. Dear Abuse Department at Hurricane Electronics: This is to notify you that your network is facilitating and/or contributing to copyright infringement at the following Internet location: http://www.nowscape.com/mormon/temple_commend.htm In accordance with the Digital Millennium Copyright Act ("DMCA"), see 17. U.S.C. § 512(c), we have provided below an official NOTICE OF COPYRIGHT INFRINGEMENT. You will note that the copyrighted work is a federally registered copyright. Accordingly, we ask that you immediately remove or disable the identified infringing web sites to avoid violating federal law. Please respond immediately to let us know how you intend to act. You may reply directly to this e-mail or communicate with us by paper or phone at the contact information listed below. Sincerely, KIRTON & McCONKIE Julie H. Gheem DMCA NOTICE OF COPYRIGHT INFRINGEMENT (1) Identification of the copyrighted work A card with a picture of what looks like a castle on it, entitled "TEMPLE RECOMMEND," and owned by Intellectual Reserve, Inc. ("IRI"). Copyright registration information can be found on the Library of Congress web site at: http://www.loc.gov/cgi-bin/formprocessor/copyright/locis.pl
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There have been spoofs about this website. Some emails that were forwarded to us purport to originate at the Mormon Church and its affiliates. We don't buy this... we think, like many of the respondents who comment on this site, disingenuous Mormons and ex-Mormons and other nuts, silly people, post their emails here. For example... Some correspondence forwarded to us purports to be form KIRTON & MCCONKIE. We know this is phony, because lawyers know (*) English grammar. |
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From:
Robert C Lewis <
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Links: |
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Mormons Patent the
word "Jesus Christ"®: |
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LIAHONA LIAHONA threatens to sue this website BuycheapsSoftware treatens to sue BYU's Dr. Chris Foster issues a veiled threat to sue |
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NAILED
- Ten Christian Myths That Show Jesus Never Existed At All, which critically examines the historical evidence of Christ.
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The Mormons' lawyer Julie Gheem contacted Benny, an ISP provider who hosts this domain name:
Dear Benny,
We have done a trace on
http://www.nowscape.com/mormon/temple_commend.htm and although that site may
not be on your server, it appears that you are leasing the associated IP address
to the owner of the same nowscape.com site. Therefore, under state and federal
copyright and trademark law, you and your company appear to be knowingly
contributing to infringement of Intellectual Reserve, Inc.'s intellectual
property. Furthermore, since we have provided you an official NOTICE OF
COPYRIGHT INFRINGEMENT, unless you take remedial action, you are not eligible
for the safe harbor protections under the Digital Millennium Copyright Act ("DMCA").
17. U.S.C. § 512(c). Accordingly, we again ask that you immediately remove or
disable the identified infringing site to avoid violating state and federal law.
Please note that, presently, both the temple image and the trademark, THE
CHURCH OF JESUS-CHRIST OF LATTER-DAY SAINTS, need to be removed from the
above-referenced site in order to comply with the law.
This is an amicable attempt to resolve this matter; we are simply
providing you notice of your contributing infringement and asking you to respond
accordingly. Please respond immediately to let us know how you intend to act.
Again, you may reply directly to this e-mail or communicate with us by paper or
phone at the contact information listed below. Thank you in advance for your
help.
KIRTON & MCCONKIE
Julie H. Gheem
1800 Eagle Gate Tower
60 East South Temple
Salt Lake City, Utah 84111
Telephone: (801) 328-3600
Facsimile: (801) 321-4893
jgheem@kmclaw.com
Julie,
I have talked to our client, and he told me that the image is no longer
on our server. I have gone to the site and confirmed this.
Unless I hear otherwise, I shall assume that this matter is resolved as
it pertains to Hurricane Electric.
Benny
Please let me know what you plan on doing. I need to hear back from you
ASAP.
Thanks,
Benny
-------- Original Message --------
Subject: Re: nowscape.com; our file 6925.518
Date: Mon, 30 Sep 2002 13:09:46 -0600
From: "Julie Gheem" <JGheem@kmclaw.com>
To: <ben@he.net>
NOTICE: This communication may contain privileged or other confidential
information. If you are not the intended recipient, or believe that you
have received this communication in error, please do not print, copy,
retransmit, disseminate, or otherwise use this information. Also,
please indicate to the sender that you have received this email in
error, and delete the copy you received. Thank you.
Dear Benny,
You are correct that the original image of the temple recommend no
longer is posted on the nowscape.com web site. However, the owner
merely changed the temple image to another image (see
http://www.nowscape.com/mormon/temple_commend.htm). We object to the
posting of our client's trademark, THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS on the current image of the temple recommend. Our
last e-mail (you can read it below) details the latter trademark
infringement.
Provided that the latter trademark is removed from the latter web site,
we anticipate that this matter will be closed.
Please respond immediately to let us know how you intend to act. Again,
you may reply directly to this e-mail or communicate with us by paper or
phone at the contact information listed below. Thank you in advance for
your help.
KIRTON & MCCONKIE
Julie H. Gheem
1800 Eagle Gate Tower
60 East South Temple
Salt Lake City, Utah 84111
Telephone: (801) 328-3600
Facsimile: (801) 321-4893
jgheem@kmclaw.com
>>> Benny Ng <ben@he.net> 08/07/02 05:33PM >>>
I have talked to the owner of the site, and the image that it seems that
you are complaining about is no longer hosted on our servers.
Unless I hear otherwise, I will assume that this matter is resolved as
it pertains to Hurricane Electric.
Benny
Julie Gheem wrote:
>
> NOTICE: This communication may contain privileged or other confidential
information. If you are not the intended recipient, or believe that you have
received this communication in error, please do not print, copy, retransmit,
disseminate, or otherwise use this information. Also, please indicate to the
sender that you have received this email in error, and delete the copy you
received. Thank you.
>
> Benny,
>
> Thank you very much for your prompt response to our request. However, the
present modified copy of the Temple Recommend posted at
nowscape.com/mormon/temple_commend.htm violates several of IRI's
federally registered trademarks, including those with the following registration
numbers:
>
> 2309318
> 2163221
> 2135319
> 2133843
> 2097186
> 2133837
> 1864725
> 1776809
> 1757271
> 1980319
>
> Details of these trademark registrations can be easily found at the United
States Patent and Trademark Office's official web site (www.uspto.gov) using
their Trademark Electronic Search System (TESS).
>
> Nowscape.com's use of the above-registered marks on the modified Temple
Recommend creates an unauthorized imprimatur of authenticity and thereby
violates federal law. Accordingly, pursuant to item 11 of Hurricane Electric's
own "Terms of Service for Web Accounts," we request that you immediately remove
the mark "The Church of Jesus Christ of Latter-day Saints" on the Temple
Recommend in the above-identified web site, or, alternatively, disable the
infringing web site. Prompt action on your part will help to prevent your
company from violating federal law.
>
> We truly appreciate your company's policy of taking infringement very
seriously. Please respond immediately to let us know how you intend to act.
Again, you may reply directly to this e-mail or communicate with us by paper or
phone at the contact information listed below. Thank you in advance for your
help.
>
> KIRTON & MCCONKIE
> Julie H. Gheem
> 1800 Eagle Gate Tower
> 60 East South Temple
> Salt Lake City, Utah 84111
> Telephone: (801) 328-3600
> Facsimile: (801) 321-4893
> jgheem@kmclaw.com
> >>> Benny Ng <ben@he.net> 07/22/02 02:15PM >>>
> Julie,
>
> The image has been removed. Should I hear otherwise, I will assume that
> this matter is resolved as it pertains to Hurricane Electric.
>
> Benny
> KRP wrote:
> >
> > Benny,
> > We think we have been spoofed. We think so, because:
> >
> > * The graphic in question bears no copyright claim or copyright mark, or
> > notice on it.
> >
> > * The URL given by the spoofer does not lead to a place where the
> > supposed copyright information is stored -- in fact that web page has no
> > hyperlink on it at all! This also leads me to think that the claim is false.
> >
> > * We have fond many other web pages that have the same and similar
> > graphics, including the "picture of what looks like a castle on it"
> > (Mormon Temple). Presumably these websites are not a target of the
> > Mormon church, as copyright violators, because they are still displayed
> > on the web.
> >
> > * The fact that the spoofers call this graphic a "picture of what looks
> > like a castle on it", and not a picture of the Mormon temple, leads
> > further validity to my idea that the spoofer does not know the subject
> > matter. The Mormon temple does not look like a castle! I don't
> > understand this.
> >
> > * We think this is a joke, because the spoofer claims that we can't show
> > this email to anyone else. How would we get advice, if we can't show it
> > to anybody? Any letter that I receive, any communication, be it email
> > or postal mail is my property and I can show, it to anyone I please. We
> > can distribute it and publish it If we wish to do so.
> >
> > * These and similar graphics exist on USENET.
> >
> > So, we think this is a hoax. Take a look yourself, Benny, at Title 17
> > Sec. 107 US Code dealing with fair use of copyrighted materials. The
> > site is the mormon temple chit, without commentary. It fits in with the
> > rest of the explanatory matter dealing with the peculiarities of
> > mormonism, such as its claim that humans originated as inhabitants of
> > the planet Kolob, and that Mormonism originated by magical translation
> > of (now missing) golden plates, etc. We see nothing to indicate any
> > attempt to convert it to the site owner's own use (nor would he probably
> > want to) or to profit from its use. We would say, it is part of a
> > legitimate research project or an educational effort.
> >
> > After reading Sec 107 and the discussion following it, please tell me
> > what you think.
> >
> > We don't want to be embroiled in a pissing contest over this. Therefore,
> > just so as to avoid any copyright infringement with any legitimate
> > future claim that the castle-looking graphic is copyrighted, I've
> > replaced it with a design that can't possibly have been copyrighted,
> > because it is thousands of years old. That will prevent any future
> > legitimate claim.
> >
> > Thanks for bring this this to my attention, but please, in future check
> > out these kinds of spoofs first. I'm sorry you find yourself in the
> > middle of this, it's all so silly. You may forward my comments to the
> > originator of this.
> >
> > Best regards.
> >
> > CC: interested parties
> > -----Original Message-----
> > From: Benny Ng [mailto:ben@he.net]
> > Sent: Thursday, July 18, 2002 5:33 PM
> > To:
> > Subject: [Fwd: nowscape.com; our file 6925.518]
> >
> > Please reply back to me ASAP.
> >
> > Thanks,
> > Benny
> > -------- Original Message --------
> > Subject: nowscape.com; our file 6925.518
> > Date: Thu, 18 Jul 2002 16:39:18 -0600
> > From: "Julie Gheem" <JGheem@kmclaw.com>
> > To: <abuse@he.net>
> > CC: <ben@he.net>
> >
> > NOTICE: This communication may contain privileged or other confidential
> > information. If you are not the intended recipient, or believe that you
> > have received this communication in error, please do not print, copy,
> > retransmit, disseminate, or otherwise use this information. Also,
> > please indicate to the sender that you have received this email in
> > error, and delete the copy you received. Thank you.
> >
> > Dear Abuse Department at Hurricane Electronics:
> >
> > This is to notify you that your network is facilitating and/or
> > contributing to copyright infringement at the following Internet
> > location:
> >
> > http://www.nowscape.com/mormon/temple_commend.htm
> >
> > In accordance with the Digital Millennium Copyright Act
> > ("DMCA"), see
> > 17. U.S.C. § 512(c), we have provided below an official NOTICE OF
> > COPYRIGHT INFRINGEMENT. You will note that the copyrighted work is a
> > federally registered copyright. Accordingly, we ask that you
> > immediately remove or disable the identified infringing web sites to
> > avoid violating federal law.
> >
> > Please respond immediately to let us know how you intend to act.
> > You
> > may reply directly to this e-mail or communicate with us by paper or
> > phone at the contact information listed below.
> >
> > Sincerely,
> >
> > KIRTON & McCONKIE
> > Julie H. Gheem
> > DMCA NOTICE OF COPYRIGHT INFRINGEMENT
> >
> > (1) Identification of the copyrighted work
> > A card with a picture of what looks like a castle on it,
> > entitled
> > "TEMPLE RECOMMEND," and owned by Intellectual Reserve, Inc. ("IRI").
> > Copyright registration information can be found on the Library of
> > Congress web site at:
> >
> > http://www.loc.gov/cgi-bin/formprocessor/copyright/locis.pl
> >
> > (2) Identification and location of the infringing material
> > The copy of the temple recommend found at:
> > http://www.nowscape.com/mormon/temple_commend.htm
> >
> > (3) Who to contact in reply to this Notice
> > KIRTON & MCCONKIE
> > Julie H. Gheem
> > 1800 Eagle Gate Tower
> > 60 East South Temple
> > Salt Lake City, Utah 84111
> > Telephone: (801) 328-3600
> > Facsimile: (801) 321-4893
> > jgheem@kmclaw.com
> >
> > (4) Good faith statement that use of the copyrighted material is
> > unauthorized
> > I have a good faith belief that use of the above-identified
> > copyrighted
> > material on the above-identified web site is not authorized by the
> > copyright laws of the United States. I further have a good faith belief
> > that IRI, nor its agents, has not authorized such use.
> >
> > (5) Statement of accuracy and authorization
> > The information in this notification is accurate, and I attest,
> > under
> > penalty of perjury, that I am authorized to act on behalf of IRI, the
> > owner of the exclusive rights to the aforesaid work.
> >
> > Sincerely,
> >
> > /s/: Julie H. Gheem
> > Attorney for IRI
Mormon Church telephone number: 801-240-8-99
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Thank you, friends! [2] [3] [4] | |
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Policy: Email received will be published, with name of author and email address. |
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