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
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
Cynthia L. Elliott
Annie C. Herzog
April 28, 2006
1548 N Technology Way, #D13
Orem, Utah 84097
RE: Schumacher Furs
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.
BERTONI & TODD
RICHARD W. TODD
contribute to this article
contribute to this article
add comment to discussion
view discussion from this article