LEGAL NOTICE from Sales @ Filesonic (NEED HELP)

I wish I could post slowly to you. A US court order gets the identity of the person who registered the Twitter account (remember, Twitter is a US company). US court order forces removal of account. Perhaps not in swamp you live in, but most countries have laws against fraud and a civil suit could be filed. A lot of people lie about where they live - a court order reveals all.

 

wow, so instead of going to twitter directly they fill sued against twitter and then they get the IP from someone from another country then they have to fill sued against the ISP since in some countries its illegal to give out name/addresses belonging to IP's, and then finally going to sue the person that owns the account.
well would sock if someone would use a proxy then all this for nothing...

bytheway lost of if's on all these arguments.

 

I agree with Mogggy, US court order isn't worth shit in other countries - especially this one. Governments all over the world won't go witch hunting over this. They won't be able to touch you.

But Filesonic can easily reclaim their name through Twitter, if they can show proof. Twitter has reclaimed hundreds of trademarks from ordinary users so you would loose that.

 

lolzzz...oh my goddddddddd.....hahhahaha, it's sooo funnyyyy...mjewel, not to be mean, but you called us stupid and idiot while you know shit yourself. lolzzzzz
My god, 6k5 post of you in this forum, were they all rubbish like that?
Here's some lesson for you =))

1. How to be recognizable as a trademark.
Long talk, just know that a trademark has to be RECOGNIZABLE and have SECONDARY MEANING.

2. How to register for a trademark and to be protected from infringement:
register at the local country you are interested in. Pay the fee and get the protection IN THAT COUNTRY only.
Meaning that you want protection in America, then register for a trade mark in any states of the U.S. Note that, especially in America, you only need to register at ONE state to get protected all over America, except for special case but you don't need to know that.
America is not the center of the world. Actually, it never was. Apply for a trademark in American will ONLY protect you in America, it has nothing to do with the rest of the world.
More precisely, if I register for my trademark in America, the trademark is NOT protected in the country I am being at now (Japan). So it all depends on how many countries you register for protection, and that costs heck of money and work.
Don't even mention to me about WTO or TRIP, big mouth noob in legal aspect. WTO or TRIP has ABSOLUTE nothing to do with this legal issue.

3. Regulating law:
It's a very complicated matter, in fact, unlike Copyright and Patent, Trademark does NOT have any laws regulating except for some statues which the court in America or any other countries implant in their Commerce Clause. The reason is simple:

Kenneth L. Port
68 Chicago-Kent L. Rev. 594-601 (103), revised 2004
"[T]he Supreme Court has reasoned that a trademark does not " depend upon novelty, invention, discovery, or any work of the brain. It requires no fancy or imagination, no genius, no laborious thought. Trademark are simply founded on priority of appropriation."
That's America court for you, other civil law countries (99% of the world), they also have the same system of trademark issue, or worse, they don't even know what trademark is.

Hence, strictly speaking, there's no thick law book for trademark that you can open and "yeah, I can sue him by citing this" =)).

Of course, what I wrote above are just basic, and there are many, many ways around, or to avoid tax issue, or to get protection...but why should I write more about that? it's enough to show you how stupid you were when you went and insulted people, presumably including me =)). Hmm, I mean, ever since the beginning, I had absolute no interest in this matter and was intending to stand neutral as I should be as a lawyer. But you jumped in and were spouting bullshit without knowing anything. So I decided to take a side since I hate people like you and I decided to embarrass you. So? Congratulation, that's the lesson for you, having free feedback from lawyer...Heck, 6k5 post in the forum, stupid American (or whatever ethnic you are lolz =)

P/s: i'm not taking a side between Filesonic and our poor man, but I can safely assume that there are ways to win this for both sides. Hmm...I don't bother with it since I got nothing for this, don't PM me for advice, please.

 

the judge judy attitude is annoying

 

If you knew ANYTHING about trademark law (which you obviously don't) you would realize that a common law trademark requires NO FILING, no registration. You point about it being recognizable and having secondary meaning is moot, because filesonic meets that requirement. Stating that you need to register a mark in a State to be protected is false, and makes you a member of the moron group. "avoid tax issue" lol, thanks for the laugh. Must be tough to post when you don't even understand what you are cutting and pasting.

Oh yeah, you are not a lawyer - nor should you try to play one. You are however, a proven liar.

You post:

"I had absolute no interest in this matter and was intending to stand neutral as I should be as a lawyer."


A few days earlier you posted:

"I'm not yet a lawyer (never intended to take bar exam since it's troublesome, and cost a lot of money)."

ROTF! Just a poor fool.

 

Why go to court for such simple matters, tweeter authorities can either delete existing filesonic account either permanently or hand over it to filesonic, twitter is their site they can do whatever they want.

 

THANKS TO FILESONIC..

we just settle this matter in friendly way..

THANKS ALL OF THE DP MEMBERS FOR PERCIPIENT IN THIS THREAD..

 

Great news!

Have you got any money from filesonic for passing existing account to them?

 

It does not matter anymore.. Now i relief from a tension.. I don't want to go any breeze with them..

 

Anyway, good decision

 

thanks dkp...

 

@Mjewel: don't you have any legal proof to prove what you just wrote? no explanation? no citation even? Just insults & nonsense like that? You are more dumber than I thought. You come to a legal dispute intending to take a side without anything but your old big smelly body, what's that head for? Gosh, if there were god, he gave you that head not for decoration, you know? I came in and gave you some superb advise that can only legal scholar know, with citation and explanation while you gave me back your meaningless word, tsk, is that your style of arguing, coming to a 21st century battlefield bare hand ?? I have no time to dance with you, I'm afraid lolz.

So our man resolved that problem, whatever it is, it doesn't concern me. (but I can believe that Filesonic had to compensate him something, at least. Or not, depending on how good he was...). So there's no need for me to waste my time here in this topic which only have an idiot left (who would no doubt, read this, be angry about it, wobble his hands, feet on the air, maybe some nerves would explode?
Well, this is my last post here in this topic, just read it, be embarrassed by it (if you have any tiny little cell of personality left). I have no care for you actually, you proved to me that you are not worth my time. Heck, why should I be writing anymore? My precious time is passing by. Yeah,
P/s: oh wait, someone pm, look like they are more intelligent than you, at least they know they can depend on my words rather than yours =))

 

You are a proven fraud and liar. A review of your posts show that you are some small time loser who likely hasn't been successful at anything they have ever done in life. I was dealing with intellectual property rights lawsuits before you were born. If you need to be schooled on common law trademarks, then use google. You are waste of my time.

 

Yeah you said it right mjewel, 'Bloody obvious' Nobel Prize winner of 2010 (don't be afraid to use this title)
we have here a case of a shady company Filesonic that has made a point to be totaly anonymous in the net, check anything out nobody knows who they are, or where they are basted (in your word a successful company, could be a front for Al-Qaeda to get fonding for the struggle against the US) against a twitter account or just a subfolder on a website, but since your dealing with intellectual property rights lawsuits before people where born you would make sure noone would do anything about Al-Qaeda since you hate the US...
He look at me twisting words to sued me

 

Sogggy,

I don't like the file sharing business, period. That doesn't change the fact that in the US, and most other countries, you can't steal the identity of another company and pass yourself off as the other company to try and make a buck.

Since you and tdl seem to be on the same quest to corner the affiliate pay-per-view business, you two should team up and form a partnership. You could be the Ren and Stimpy of penny pay-per-views. With a fake attorney by your side, you success is assured! Let me know when you two market mavericks frame (earn) your first dollar. thx.

 

OUCH! that realy hurt my feelings, i know how successful you are with all your obvious answers to everybody's posts here, but don't just look down on us little people making a few cents a day, what is really much here in the swamps. but thank you for you advice captain bloody obvious, maybe me and tdl can make lots of cents, woot!!!!!

 

If you are not working with Filesonic as an affiliate, you can given them a hard time if you want,and i hope you can make money!