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[affordad]

I received the C & D letter today (October 2, 2007) which it looks like is one of the latest attempts by HP & A to intimidate and land another $5,000.  But they are really scraping the bottom of the barrel to be attacking a t-shirt design that has a cute, happy Santa in a tiny toy car and the word "Humbug" below it!  

I sell t-shirts online that have many different subjects, all very clean and humorous and fairly uncontroversial. I purchased a dozen ready-made transfers (they are silk-screened onto paper that I press onto a shirt with a professional high heat press) 7 years ago from a company in the East that resells thousands of different transfers.  In 7 years, I sold 9 shirts with this design on them.  I figure I made a profit of $63 on that design over the last 7 years. 

Of course, I immediately took the last 3 transfers I had off the shelf and took the item off the internet.  I don't mind cooperating with them and giving them this information, as well as the company name I purchased them from, but to pay them money for this?  Come on!

Does anyone have a suggestion as to what tactic I take next to get their bullying to stop?  I can't afford an attorney. 

[Admin]

If I were you I'd contact the people here http://www.chillingeffects.org/about at chillingeffects. Start the with San Francisco office. The telephone number is at the bottom of the page. Tell them your situation. The picture of the Santa in the little bug does not look to me like something they would win a case in court over. The old bug is not in production anymore. Anyways, get the advice from the people at chillingeffects.org.

[Arch_Bishop]

If someone is fabricating evidence and use it for extortion and/or obtaining other unfair monetary settlements, you should refer them to appropriate agencies (See how to fight back).

1-     Know your adversary!

A- The Law Office in question is a small firm, with 7 active member, and only one active member for Trademarks

http://www.lawyers.com/Utah/Salt-Lake-City/Gregory-D.-Phillips-1716628-a.html

http://www.lawyers.com/Utah/Salt-Lake-City/Howard,-Phillips-and-Andersen,-P.C.-1716625-f.html

 

B- They make political contribution ($4,000 for a Senator)!

www.campaignmoney.com/political/contributions/utah_north_salt_lake_84054.asp?cycle=06

Howard, Kevin Howard Phillips & Andersen/Attorney $2,000 06/08/2006 ROB BISHOP FOR CONGRESS - Republican

Howard, Kevin Howard Phillips & Andersen/Attorney $2,000 12/01/2006 ROB BISHOP FOR CONGRESS - Republican

 

C- Oddly, they sent out letters with same and identical digital signature. (See page 3)

http://dowethics.com/Dow-Chemical_DMCAnotice.pdf

 

D- Sadly in “JoeyM's Blog”, they pushed away fans!

http://www.autocrossforum.com/forums/index.php?automodule=blog&blogid=2&

The people who are contacting you are either trainees, or from outside firm with different backgrounds. Some are even Divorce Attorneys working as Real Estate Agents.

 

2-     What to do when you get a letter?

 

The letter usually is a generic form with plenty of legal cases in reference that does not even apply to your case.  The intention of letter is to terrorize, to scare you until you lose your resistance, accept their terms and sign documents to accept your guilt, thus pay them the settlement.

 

 

Let's help and identify individuals, who make cases against you, name them here, so others know them as well!

 

·          Remember “You are not guilty until it is proven in court of law” so don’t sign anything

·          Stop distribution of articles in question voluntarily and as good faith, this is not admission of guilt, just shows a good faith, if it proves in court that you were wrong!

·          As long as you have not received a Summons, you may not need a lawyer to help you

·          Don’t volunteer information, avoid any form of communications, and ignore all letters sent to you prior receiving a Summons and have your lawyer do all the talking

·          There are outstanding lawyers, who work pro bono, some are listed here, don’t be shy to contact them if needed

 

 

3-     How to fight back?

 

If you believe you are victim of organized crime group(s), you may refer them to few good agencies, which will take care of them.

 

·          U.S. Department of Justice
Criminal Division/Fraud Section
10th & Constitution Ave., NW
Bond Building, 4th Floor
Washington, DC 20530

Main number: (202) 514-7023 Fax number: (202) 514-7021

 

·          Secret Service call (202)406-5540 or TTY (202)406-9805

 

·          IRS, which has access to most of information at any giving time, so if you believe some form of kickback is involved; use this form to inform IRS. You can do it anonymously, but provide as much as information possible. Generally criminal organization also evade tax payments, or have dummy corporations to hide their income   


http://www.irs.gov/pub/irs-pdf/f3949a.pdf

http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

 

 Anyone who is outraged should participate and send a letter to Volkswagen CEO!

 Finally, write directly to people who receive all these payments and inform them how the money was obtained.  You don’t need to be involved in any case to contact them; any ordinary Citizen can do this. As the matter of fact the more letters they will receive the higher the chances that someone will review the cases internally. If this is a corporate scandal, someone eventually will talk.

Ask your friends, neighbors to write to Volkswagen corporate office. You may use the same format, and modify it that fits your opinion best. Be short, concise and to the point.

 

Remember: “You have to fight for those, who can’t fight for themselves” 

Good Luck!

 

 PS: The Mailing address will change in April 08, Volkswagen corporate office will move to New Jersey.

 

 

Date: Month Day, Year

3800 Hamlin Road
Auburn Hills, MI 48326

Phone: 248-754-5000
Fax: 248-754-4930

 

Subject: Who will be blamed on kickback?

 

Dear Mr. Stefan Jacoby, CEO

I remember vividly the enjoyable advertisement for new Volkswagen for the last decades; I drove many of them for several years and loved to be part of the group and remained a faithful fan.

With your background certainly, you know that Volkswagen spends Millions of Dollars yearly on advertisement and brand recognition, nevertheless and to its dismay it has lost last year $795 million and its sales has not improved in 2007. If the problems are not all about “Monday Car”, what else plays a role?

Recently I was in search on the internet for buying a new Volkswagen Car; however the search had leaded me to a disturbing discovery that has been around for the last couple of years. It seems some group or organization in the name of Trademark Protection is threatening helpless, old individuals with lawsuits, who are unfamiliar with their legal rights and can’t afford legal help and furthermore being solicited on a settlement.

This organization even has created a network, which facilitating them with fabricating necessary tools and means for their legal argument. For instance in Carmel Indiana, they have asked artists, individuals to make and sell Gearshift Glass, and the only buyer happened to forward this sale to your Trademark Protector.

All cases presented by them requesting Cashier Checks payment of at least $5000 to Volkswagen of America, thus they will receive a percentage of payment for their retainer.

Ever wonder how does a Law Firm with just one active Trademark lawyer produces so many cases and signs all the documents?

Have you questioned these cases, payments on not being obtained illegally or unethically, is there any kickback involved? So you can fulfill your obligation to your shareholder!

I believe Justice Department would like to know these as well, however, before that your reputation in public view will be at risk. 

I hope this letter reaches you, before it gets lost in your legal department, and no matter the outcome I will no longer be interested buying a Volkswagen anymore!