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Old 09-13-2004, 08:53 PM  
joshuawk
Confirmed User
 
Join Date: Jun 2003
Location: my moms house
Posts: 1,092
kayla ryder will sue me for kaylaryder.com

I don't even want this dude's garbage little domain. It
was in a bulk pool of domains with overture results.

Need to get a trademark filter.

Get out of my face with your garbage
domain you forgot to fucking renew.

I did you a favor, you're lucky some Chinese dude didn't get it.
I always give trademarked, expired domains back.

Anyone wanna buy this domain from me?
lol just kidding
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Dear Josh,

During a transfer of domains from one registrar to another, www.pool.com or yourself, managed to register www.kylaryder.com as your own during the brief period of time that it was available. This domain has been used as advertising for Kyla Ryder Productions Inc., and has received a many as 30,000 visitors in one day. All of our business cards, promotional material, and website links go directly to this domain and display this domain.

Kyla Ryder, in case you are unaware, is a well known exotic dancer and adult film star, who performs all over North America. She has a large fan club and a following. As it is a performance name and not her true name and is a distinct name that we have not seen reoccur anywhere, Kyla Ryder is a legal trademark of Kyla Ryder Productions Inc, a registered Canadian federal corporation. You are in fact, violating our trademark, which will not be tolerated in any way. This is no different than you registering www.clinteastwood.com or www.mikerowsoft.com .

My network technician has now educated me on the practice of "cybersquatting", which is precisely our current situation. He has also informed me that it is in fact illegal and that it can be easily reversed.

I am going to present a few options to you, so please consider them carefully. The first, and best option for you, is that you hand over the domain back to us, and we will pay you a modest amount of money. And by modest I mean the amount it cost you to buy the domain. If you wish to return with an extortion figure, the answer is already an emphatic no.

This requires an immediate response on your part. I have already contacted our company attorney, Andrew Atkins of Andrew Atkins and Co., who will be sending you an official letter notifying you of your trademark violation. This will effectively prevent you from denying that you don't know anything about this trademark violation. "The address you have is not correct" will not be an acceptable excuse to a judge, as it is your responsibility to change it during the registration process.

The next step we will take tomorrow is filing an offical complaint with www.icann.org. They will likely reverse the domain and you will lose whatever you paid to register it, although this will take time and company losses will be sufered. Please note that both McDonald's and Hotmail had similiar situations where people thought they could snatch their respective domains. You will not even be contacted, but will simply lose your registration and whatever you paid.

If you wish to take it to this step, then you will be served with a claim for damages from our company. I just purchased 4000 posters displaying the domain name www.kylaryder.com, as well as 10,000 business cards and flyers. If we are forced to change this name, even temporarily, we will be seeking damages in the $1000's of dollars. If we can prove lost revenue and claim legal expenses against you, expect the claim to be in the $10,000's range. My attorney is $300/hr, plus travel expenses to your area, which you will likely be paying.

Do not assume that because you live in the US that you are exempt from any applicable laws. Any country that subscribes to the Stockholm convention shares the same copyright and trademark legislation. Please see the attached documents, proving our business registration as well as the use of KYLA RYDER as a performance name. Also please consider that Kyla's DVD sales, tips, and private dance revenue is often twice as much as her paycheck. We also sell a considerable amount of DVD's online which we are currently losing revenue from. We will be calculating her current sales without the website present and comparing it to last years sales. You can expect the difference to be added to our claim against you. If she was averaging $4000 a week before and is now averaging $3000 a week, expect a $1000 to be added to this claim for every week this takes to get our domain back, starting today. These are not exaggerated figures.

I require a response within 24 hours or I will begin the process of legal action,

Sincerely,

John Biley
Kyla Ryder Productions Inc.
148 19567 Fraser Hwy
Surrey, BC, V3S 6K7
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