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schumacherfur.com has been suspended, charges of copyright infringement by the Schumachers

Thanks to all who have visited the site. It was a beginning and more was planned. Unfortunately this letter to me from the Schumacher's attorney via the web host was my birthday present from the Schumachers. The site is down for the moment but I will try to get it back online real soon, possibly with a new domain name. Don't forget...protest day tomorrow in front of Schumacher's, 811 SW Morrison St. Peace everyone.
(sorry about the formatting, the cut & paste changed it)


GARY B. BERTONI
RICHARD W. TODD
JUDITH N. ROSENBERG
DAVID SHANNON
XIOMARA TORRES MATTSON
ROBIN L. WOLFE
RACHEL J. BREDFELDT
DAVID A. SACKS


Bertoni & Todd
Attorneys At Law
430 Pacific Building
520 Southwest Yamhill Street
Portland, Oregon 97204
_______________

Telephone (503) 243-2035
Facsimile (503) 243-6307




Office Manager
---------------------------
Cynthia L. Elliott

Legal Assistants
------------------------------
Rebecca Tellez
Kim Capano
Katherine Millan
Anna McHugh
Rebecca Gordon
Annie C. Herzog

April 28, 2006





BlueHost.com
1548 N Technology Way, #D13
Orem, Utah 84097

RE: Schumacher Furs

Dear BlueHost:

I am notifying you of two violations of copyright and am requesting some action over which you have control.

Your Terms of Service, Copyright Notice Infringement Information states:

In accordance with the Digital Millennium Copyright Act, Bluehost.com has adopted a policy that provides for termination of websites hosted by Bluehost.com that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Bluehost.com or its subsidiaries, and the copyright holder wants Bluehost.com to remove the website or remove the website or disable the material in question, Bluehost.com will remove the website or disable the material if the copyright holder provides us with all of the following information:

1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.


2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

1. The copyrighted work is the name of Schumacher Fur, in both the singular and in the plural form Schumacher Furs. Infringement is in the use of the name schumacher fur and in the form of the domain name schumacherfur.com which was just registered by one of your hosted accounts on 4/24/-2006. In addition, I have copyright on the name Schumacher Fur & Outerwear, for which there is also a violation in the title bar. (See the two screenshots attached with this letter in the email).

2. What should be removed is the use of the name schumacherfur and schumacherfur.com that resides on your web hosting servers. In addition, what should be removed is the home page of what is now on schumacherfur.com which shows in the title bar the name Schumacher Furs & Outerwear.

3. Contact information is Gregg Schumacher, Schumacher Fur Company, 811 SW Morrison Street, Portland, Oregon 97205, 503-222-4567. Also operating as Schumacher Furs & Outerwear.

4. I, Richard W. Todd, attorney for Schumacher Fur Company, state that I have a good faith belief that use of the above-mentioned material in the manner complained of is not authorized by me, the copyright owner, its agent, or the law.

5. I, Richard W. Todd, attorney for Schumacher Fur Company, state the information in this notification is accurate, and I am authorized to give this notification.

Having met all five elements that you require and having provided proof of two copyright violations by two screenshots attached to the email in which this letter has been attached, please "remove the website of disable the material" (the words in your Terms of Service). In addition, please respond to the email, in which this letter was attached, disputing the domain registration and requesting transfer of the domain name schumacherfur.com from the cybersquatter to me.

It seems that you are also the registrar - or at least you process domain registrations for new clients - so I am also going to request that you transfer the domain name schumacherfur.com from the cybersquatter to the proper person, Gregg Schumacher of 811 SW Morrison Street, Portland, Oregon 97205, 503-222-4567.

ICANN's "UNIFORM DISPUTE RESOLTION POLICY (UDRP)" states:

If there is a problem with the registration of a domain name, all ICANN-accredited registrars must follow a uniform domain dispute resolution policy (UDRP).

In addition, other ICANN regulations mention that use of a domain name "for the purpose of harming the legitimate business to which the name belongs" constitutes "bad faith" registration of a name.

Since you will find "all the complaints to be true, a domain name registration may be cancelled, transferred, or otherwise changed," and since we request the option to transfer rather than cancel o "otherwise change" the registration, we request a transfer of the domain name. Gregg Schumacher will cover the annual registration fee, including the one you just incurred a few days ago.

For the purposes of this communication and complaint, the complainant is Gregg Schumacher. Gregg Schumacher is the owner of Schumacher Fur Company at 811 SW Morrison Street, Portland, Oregon 97205, 503-222-4567. He legitimately owns the name Schumacher Fur, a very well-known and well-recognized business since 1895, more than 100 years. He already is the registrant of the domain name schumacherfurs.com for one business name they use (only the "s" is different) and has owned that domain name since 8-22=2005. Since a cybersquatter has just registered and is using the family and company name in the singular form without the "s" at the end, in a bad faith manner, Gregg Schumacher now also claims schumacherfur.com for himself.

We have contacted David Pettit, the Network Engineer for Gregg Schumacher and he knows the process for domain name registrations, cybersquatting and disputes.

The Computer Law Review and Technology Journal continues: "Currently, four approved dispute resolution service providers are accepting complaints." Each provider must follow the UDRP as well as its own supplemental rules. The four are:

A. A World Intellectual Property Organization (WIPO) has been a provider of domain name dispute resolution services since December 1, 1999.

B. National Arbitration Forum (NAF) became an approved provider as of December 23, 1999.

C. CPR Institute for Dispute Resolution was approved by ICANN as a service provider on May 22, 2000.

D. Asian Domain Name Dispute Resolution Centre was approved by ICANN as a service provider on January 28, 2002 (Computer Law Review and Technology Journal, Vol. VIII)

If you should fail to resolve this domain name transfer on your own according to your own customer terms of service and rules for terminating an account (as published on your website), in favor of Gregg Schumacher, complainant, we will proceed to use of the dispute resolution providers to accomplish our goal and also include you in civil litigation to recover the fees and expenses that would be incurred in doing so, and also any damages that may be sought.

In addition, civil legal recourse is possible even if a claimant loses initially in a dispute:

"U.S. courts have held that a domain name registrant who loses a dispute under the UDRP may bring suit in federal court under the Anticybersquatting Consumer Protection Act (ACPA)."

If you wish to be left out of, rather than be included in, any civil legal proceedings and if you also wish to remain in good standing with ICANN as an accredited registrar for top level domains so that you may continue your domain name registration portion of your business, you may wish to resolve this in our favor, in the way suggested above, and as quickly as possible.

The attached screenshot of schumahcerfur.com front page shows a depiction of the Schumacher Fur Company store-front signage and the admonition to "act up, fight back!" which are the calls to action of which I mentioned above coming from this website that relate to at least eight illegal acts that have been documented and presented to the Portland, Oregon police, some in video and audio tape format. The other attachment of a screenshot shows the bottom of the cybersquatter's front page where the cybersquatter's own words are "This site is not affiliated with or endorsed by Schumacher Furs & Outerwear in Portland, Oregon. This site is not affiliated with any retailer selling fur or other items. This site is an anti-fur campaign site." Such use is not a legitimate use of the domain name schumacherfur.com. It is a use of a name that is in bad faith, by their own admission. A more appropriate domain name fro that might be anti-fur.org.

Gregg Schumacher and his family operate the fur business under two legitimate and active company names both Schumacher Fur Company and Schumacher Fur & Outerwear. Our claim is under the name that matches the cybersquatting registration, Schumacher Fur Company, a well-known and well-recognized name for over 100 years, for which Gregg Schumacher is the president.

Sincerely,

BERTONI & TODD


RICHARD W. TODD

RWT:rlt
cc: client

I Vote for Shitmakers 28.Apr.2006 20:13

activist

Thanks for posting. That's a pity. However, the problem should be easy to remedy. How about Shitmakersfurs. Parody is a highly protected form of free speech. Or even Shoomacherfurs. I hope you are talking to a lawyer about the possibilities. I look forward to the site's return. Hey, the flashing photos were the best!

Act Up, Fight Back 28.Apr.2006 21:11

A Protester

The Schumachers are genuine, certified crazies. They realy don't know when to quit. It is obvious from their behavior they are falling apart mentally and emotionally and are simply grasping at straws. Mr. Todd must be feeling rather smug, thinking he had a victory in court today. What he doesn't realize, apparently neither do the Schumachers, when animals' lives are under attack, what do we do? ACT UP, FIGHT BACK! We have just begun to fight. See you tomorrow Greg, Linda, Steve and Nick.

furmockers 29.Apr.2006 00:21

an idear deude

furmockers?

new domain - www.portlandfurcruelty.com 29.Apr.2006 01:28

Blue Fox

Hey folks, I believe the Schumachers are getting desperate. I had also written to Gregg and Linda twice in the last couple of weeks asking them about their suppliers, how they could consider the killing of the animals for their fur "humane", asked them what they consider humane, and to reveal to the public where their garments and the fur used to make them came from, amongst other things. I have received no response.

Regarding the site, at this point I don't know if the use of "schumacher" anywhere in a domain name is ok. A wise friend advised me that it probably isn't (at this time), but it might be if I had the resources to fight it out in court, which I don't. At the protest tomorrow I will try to consult with a legal pro just to make sure. For now the new domain/site address is  http://www.portlandfurcruelty.com. Thanks for your comments. Tomorrow will be a great day for a protest!

I don't think the Schumachers can ultimately win on this. 29.Apr.2006 03:01

little dove

see:  http://www.washblade.com/2006/4-28/news/legal/libs.cfm this seems to be a very similar case concerning a website. The activist won it.

don't change the name 01.May.2006 03:03

.

It's an idle threat that their lawyers know they could never win in court. What you got was the equivalent of a form letter. Keep the name, they may send you another letter but I doubt they'll waste their dwindling wealth on a lawsuit they cannot possibly win. Think about it.

Almost certain it is an idle threat... 01.May.2006 10:13

Stop Cruelty stopcruelty@gmail.com

I am almost certain it is an idle threat.

Not to say that Schumacher's won't fight it, but that they likel would not win.

I am not a lawyer, but having done a bit of research, I believe the web-site would fall under the 'fair use' copyright and trademark laws.

Um, no, the you-know-whats are mistaken. 01.May.2006 12:27

Could be

The clowns need to get a better lawyer, it looks to me. The clowns are complaining about _trademark_ infingement, not _copyright_. The DMCA doesn't cover trademark usage because the mountain of established law for Fair Use negates any complaint about violations of trademark usage because nobody utilizes other people's trademarks commercially. So instead it looks like the clowns are trying to claim copyright which the DMCA _does_ address, hoping that nobody notices that their complaints are about the Fair Use application of a trademarked name.

Domain names utilizing trademarked words can be utilized succesfully provided the web site isn't commercial in nature, doesn't attempt to deceive visitors into believing the domain and web site actually belong to third parties holding the trademark, and all that happy stuff.

The guy who claims to "have copyright on the name Schumacher Fur" might well need to examine once again what a copyright is and what a trademark is -- and maybe go find himself a real lawyer to explain to him the difference.

My opinions only and only my opinions.

copyright law 01.May.2006 20:40

Blue Fox

Thanks to everyone who has posted comments, they have been very helpful.
I was told by Bluehost that the domain name www.schumacherfur.com violated
their Terms of Service (Copyright Notice Infringement Information) and that
was demonstrated by the documentation provided by Schumacher's lawyer. I
have been thinking that copyright law and my ability to find the pertinent
info would require a lawyer of my own. I did however find this within
seconds on a google search.

---------------------

 http://www.copyright.gov/help/faq/faq-protect.html

Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information.

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

--------------------------

I was so pumped I took a break from writing to call Bluehost. I made my argument that I
was not violating the terms of service, there was no copyright infringement and asked that
they reconsider their terms of service criteria based on copyright law as I understood
its relavance to domain names and names in general. I gave them a website to refer to.
I was told by Bluehost that after my conversation with them earlier today they reconsidered
their determination and have now determined the domain www.schumacherfur.com is not in violation
of their terms of service. I was told they would have to take me to court if they wish to
try to get it shut down again and they would have a difficult case.

I re-registered the domain yesterday and I'm free in the eyes of Bluehost to make it active.
I also registered  http://www.shumacherfurs.com (I was told this one was never in violation of
the tos).

Thanks again!

Peace.

One caveat... 01.May.2006 21:13

Stop Cruelty stopcruelty@gmail.com

Blue Jay,

I would _HIGHLY_ recommend that you have something on your website indicating "Schumacher Furs" or "Schumacher Furs & Outerwear", etc., is copyright of Schumacher Furs.

I might also (although you'd have to do a little bit of research) clearly indicate:
a) This site is NOT Schumacher Furs, and is NOT affiilated with Schumacher Furs
b) Consider adding something that would clearly indicate that the name is following the fair-use laws.

Again, only suggestions... I am not an attorney. Merely a protestor who is wanting to ensure that this site can stay up indefinitely.

thanks 01.May.2006 21:27

Blue Fox

Thanks. I had that language on the home page before the domain
name changed. I'll return it to the bottom of the home page as
it was.

it's somewhat entertaining to me 02.May.2006 02:51

watching

to know that the domain name that the schumachers were willing to go to all this trouble over was relinquished for about 48 hours, and they were just too lazy to get off their butts to keep up on this and easily get it for themselves. but they have so little internet presence that I hardly see why any of this matters to them anyway. although when potential customers learn the truth of where fur really comes from, that could be quite a problem for them.

another suggestion 03.May.2006 09:28

FuckCopyrightLaw

Maybe you could call it, "SchumacherSucks" or something like that. Because, at least the last time I checked anyway, comments ABOUT a particular business practice were still protected by the First Amendment, despite what the Schumachers would have us believe. This comment, for example, is perfectly legal and cannot be removed upon demand by the schumachers, even though it contains their "copyrighted" name.

It makes sense to keep their name in the domain name, since that's what's pissing them off -- people searching the net for them get your site. Yea!