We are being sued by HCI! Need to get the word out!

Okay this case is very simple.

1) Are they going the legal route or are they bringing a complaint before ICANN

2) Where are you guys based relative to HCI. The court that they are bringing the case under may not have personal jurisdiction to try the case. That would force HCI to come to where you are. Also there are a number of cases where location matters.

1) The Zippo Sliding scale test. This determines if you are in fact in violation of the FTDA or Lanham act. This standard will find that you are a non-commercial site, in fact you are a parody site, which receives high protection. If you are selling anything on your site, stop now.

2) The name HANDGUNCONTROL INC has probaly come into common usage, and as such cannot be protected as a trademark. The strength of their mark is now in the Generic catagory, and cannot be asserted as a strong trademark.

3)The one area you will find a problem is the likehood of consumer confusion. This could be mitigated by placing a ntice on the site that informs people that you are not HCI.

All in All this is very winnable, and if I was out of Law School, I would take this case Pro Bono.

Good Luck

Tim

Will Post this in an E-Mail to your site so that you have my address if I can help.
 
For those of you who are interested I have posted a page on the Anti HCI site, it spells out what HCI's intentions are. It is the actual copy of the certified letter received yesterday! I posted it in blue so you can't miss it! http://www.handguncontrol.net/
IF YOU WOULD LIKE TO SEND A DONATION TO HELP US OFFSET LEGAL COSTS THEN SEND DONATIONS TO:
ACE Internet, PO box 122, Harrington WA 99134 ... put in a note what it is for and I would like to know if you mind having your name posted on the web in a thank you note somewhere... Also set up a pay pal service in case anyone desires to donate that way...

We will put 100% of it aside for whoever takes on the legal defense....

Let me take a minute to say Thanks for all of the e-mail in have been receiving in support of my site. Most especially to Rich and Angel with whom I will be speaking with a great deal over the next few months... :D


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...“ They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” --Benjamin Franklin, Historical Review of Pennsylvania, 1759.

Whereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion. The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans are for carefully guarding against it.
---Richard Henry Lee, The Pennsylvania Gazette, Feb. 20, 1788

Take care and God Bless, El Jefe

The ANTI-HCI Site!

[This message has been edited by El Jefe (edited October 20, 2000).]
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by pittspilot:
Okay this case is very simple.

All in All this is very winnable, and if I was out of Law School, I would take this case Pro Bono.
Good Luck
Tim
[/quote]

Tim , could we be looking at a class project ? It has far reaching ramifications what with cyber , trademark , 2nd Ammendment , bullying tactics , frivilous suit blah blah et al . Also I think the ACLU only strikes out when the Gov't. is in the suit . This looks more like Morris Dees and the SPLC territory . Good luck .



------------------
TOM
SASS AMERICAN LEGION NRA GOA
 
Add cphv.com to the suit. :D

Here are scanned copies of the certified letter I recieved to day.
www.cphv.com/lawsuit.html

I'm sure we can join forces.

(I feel like a mosquito on an elephant's butt... :D YAAAHHOOOOOOO!!!!!)

------------------
John/az
"When freedom is at stake, your silence is not golden, it's yellow..." RKBA!

See The Legacy of Gun Control film at: www.cphv.com

Do it for the children...
 
Just looked at your site and on my 1024x768 resolution monitor it looks a bit frazzled. Might want to take a look at your formatting of the homepage.

On the other hand, you guys have a winnable case here. Go get 'em!
 
Retain a lawyer and look into filing a counter-suit.

The thought of Sarah Brady having to give HCIs' budget for the next four years to gunowners just gives me the warm fuzzies for some reason.

LawDog
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>If we do not receive a response to this letter within twenty (20) days, we will commence legal and or administrative proceedings against you.[/quote]

They want your domain names, just like they want your guns. :mad:

Send them a response like they request, El Jefe, and John: Molon Labe! "Come and get them!"

Count me in for the fight!

RKBA!
 
hi guys... check out the information from
the source who's policies control domain names - http://www.icann.org
these are the guys that determine the .org, .com, etc, and their registration, etc.

particularly http://www.icann.org/udrp/udrp-policy-24oct99.htm

i think from their policies, since you are not holding these domain names for sale, are not using these names to divert business from the other sites, and are actually using the sites, instead of sitting on them, you should have a legal claim to continue using them.
 
GIVE 'EM HELL!!!!!
"DAMN THE TORPEDOES; FULL SPEED AHEAD!"
"REMEMBER THE ALAMO!"
etc, etc, etc.
And keep us posted! :)

------------------
NRA LIFE MEMBER
ILLEGITIMI NON CARBORUNDUM
 
"Ramming speed Mr. Sulu!

El Jefe, I heard about it from a KABA Email news letter. Now that I have read a little more into it, you can expect a donation from me now. I only hope that others would do the same as well. You can, and will win this case.

------------------
Be sure to come and check out FUD's Fan Club!
 
First of all, the term "handgun control" is a generic term. Your site is about handgun control in general and laws about it. I cannot see how they can hope to win this one.
My advice (which is worth a hill of beans on this topic) is to make the site very informative and to erase any direct attacks or links to HCI. There is nothing wrong with the name handguncontrol as it is a generic term, but if you directly attack HCI then you just made it into more than just a generic term.

Furthermore, we should, each and every one of us, take this as an attack to the great bounds we are acheiving over the internet. The i-net has united gun owners and made us into a very powerful force. Years ago, we were all bitching in our homes, wondering if we were alone, and with the internet we have gained a lot of unification and power.
HCI sees this and is scared. They are attacking whatever they can. They will come after this site if they can, and will ban speech like this and sites like this if possible, because it is a serious threat to them. I feel that the giv't would too if they get this foothold.
Therefore, we should all take this personally and fight together.


I propose that TFL puts on a raffle or some other form of donation-gathering setup, even if it is just a header at the top of the page. HCI is a huge force compared to El Jefe. He is just a normal person like any one of us. Imagine yourself trying to take on HCI on your budget. How could any person afford this? I feel that we all need to send some money, even $5 a piece (times hundreds, if not thoussands of donations) to offset the legal costs of this. We cannot afford to lose here, and if this case is lost, we all lose. My only stipulation to sending money is that it must go to cover legal fees, if that is at all possible to guarantee.
 
A decision in HCI's favor would definitely imperil such sites as drudge.com (the
Drudge Retort), bushcheney2000.org, etc which exist with the sole intent of savaging or parodizing their targets.

I say that El Jefe should countersue for some fantastic sum and keep the beggars in court and off our backs. Check out the United States Code under conspiracies in restraint of trade, conspiracies to suppress rights, etc. The conspiracy goes to the fact the two related entities (HCI and CPHV) are acting in concert.

Good luck. I just got back to work so it will be a while before you see any funds from me but rest assured that they will be forthcoming.

------------------
Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
I sent a copy of the e-mail I received on this subject to a friend who is an NRA director and to G.O.A.L. (Gun Owners Action League) in Massachusetts. Their website is at http://www.goal.org.

Also, El Jefe, you should call Matt Drudge (who has a parody site about him) and Michael Reagan (800-468-mike) and put a bee in their bonnet about this.

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Gun Control: The proposition that a woman found dead in an alley, raped and strangled with her own panty hose, is more acceptable than allowing that same woman to defend herself with a firearm.
 
We are just now forming a plan of action on what our options are and what we can or cannot do. I will know better first of the week and will keep you updated. Hold your donations for now. When the time comes we will tell you when and where, as things begin to unfold we will know better where we stand and what we are able to do. Thanks one and all.....El Jefe

------------------
...“ They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” --Benjamin Franklin, Historical Review of Pennsylvania, 1759.

Whereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion. The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans are for carefully guarding against it.
---Richard Henry Lee, The Pennsylvania Gazette, Feb. 20, 1788

Take care and God Bless, El Jefe
Webmaster-The ANTI-HCI Site!The Armed Citizen
 
Ditto to what El Jefe has said. :D


------------------
John/az
"When freedom is at stake, your silence is not golden, it's yellow..." RKBA!

See The Legacy of Gun Control film at: www.cphv.com

Do it for the children...
 
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