Thursday, July 02, 2009

The Trademarked LawPundit Name has been Stolen at Twitter which is Criminally Abetting Identity Theft : Here is our Complaint to Twitter

The legal community must begin coming down harder on identity theft and the online companies who abet identity theft and make their fortunes by knowingly abetting criminal behaviour, in the instant case, the website Twitter.com.

Let us take a current real-world example involving the trademarked name of our own syndicated blog, LawPundit, whereby someone - not I, the trademark owner - has unlawfully taken the name lawpundit at Twitter. This unknown person who has surely chosen anonymity as a shield against his or her crime, is "following" legal websites, and is thus creating confusion for my own brand, since people think it is I. Here is my complaint to Twitter, sent today:

"This is the second complaint that I am lodging about identity theft at Twitter because the Twitter identity theft that I identified to you previously at http://twitter.com/lawpundit continues unabated.

You are knowingly - and thus criminally - abetting the infringement of my lawpundit trademark, since this is a form of common law fraud in order for you to make money.

LawPundit is a mark in trade, a trade mark, i.e. a trademarked name
specifically so declared online since September, 2003 in the phrase:

"LawPundit™ is a trademark name"

as found on over 1000 LawPundit postings online: see http://www.lawpundit.com/blog/lawpundit.htm.

A search of lawpundit by Google, for example, currently gives 34,000 hits. It is impossible that a good faith Twitter user could not have found that the name lawpundit is trademarked, since that trademark is declared on every website page of LawPundit at more than 1000 postings.

Someone - not I or anyone affiliated with me - has intentionally stolen the name lawpundit for use at Twitter and is following legal sites - thereby creating intentional confusion in the legal community that the "lawpundit" at Twitter is the present writer, which is not true. Anyone receiving a Tweet from this Twitter name might think that it is I. It is identity theft.

This complaint to Twitter is a formal legal request to close down that infringing Twitter account and to transfer the Twitter name lawpundit to me, Andis Kaulins, the rightful trademark owner.

You can see address information about lawpundit.com and me at WhoIs.net - http://www.whois.net/whois/lawpundit.com, where I am listed as the owner of the website, since the year 2003.

"domain: lawpundit.com
created: 27-Sep-2003
last-changed: 17-Sep-2008
registration-expiration: 27-Sep-2009

nserver: ns49.1und1.de
nserver: ns50.1und1.de

status: CLIENT-TRANSFER-PROHIBITED

registrant-firstname: Andis
registrant-lastname: Kaulins
registrant-organization: Translaton dba Andis Kaulins
registrant-street1: Gartenstr. 10
registrant-pcode: 56841
registrant-city: Traben-Trarbach
registrant-ccode: DE
registrant-phone: +49.6541812188
registrant-fax: +49.65415213
registrant-email: kaulinsandis@msn.com

admin-c-firstname: Andis
admin-c-lastname: Kaulins
admin-c-organization: Translaton dba Andis Kaulins
admin-c-street1: Gartenstr. 10
admin-c-pcode: 56841
admin-c-city: Traben-Trarbach
admin-c-ccode: DE
admin-c-phone: +49.6541812188
admin-c-fax: +49.65415213
admin-c-email: kaulinsandis@msn.com

tech-c-firstname: Hostmaster
tech-c-lastname: EINSUNDEINS
tech-c-organization: 1&1 Internet AG
tech-c-street1: Brauerstr. 48
tech-c-pcode: 76135
tech-c-city: Karlsruhe
tech-c-ccode: DE
tech-c-phone: +49.721913747660
tech-c-fax: +49.72191374246
tech-c-email: hostmaster@1und1.de

bill-c-firstname: Hostmaster
bill-c-lastname: EINSUNDEINS
bill-c-organization: 1&1 Internet AG
bill-c-street1: Brauerstr. 48
bill-c-pcode: 76135
bill-c-city: Karlsruhe
bill-c-ccode: DE
bill-c-phone: +49.721913747660
bill-c-fax: +49.72191374246
bill-c-email: hostmaster@1und1.de"

If this correction is not done promptly, I intend to sue Twitter as an example of a clear case where people are making money by acting wilfully as accomplices to identity theft, and I will see if I can convince local prosecutors to lodge criminal charges against the management and board of directors of Twitter, because once Twitter has been advised of the facts, continued permission of the use by infringer(s) of the name lawpundit in a legal context is an intentional criminal act.

Thank you.

Your sincerely,

Andis Kaulins (owner of the trademark LawPundit)
Gartenstrasse 10
56841 Traben-Trarbach
Germany
"

The ISandIS Network

Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz