Re: ***WARNING*** WEB POSTING AT "monkeyfist.com" MUST BE REMOVED!

>>>>> "dave" == Dave Rolsky <[email protected]> writes:

  dave> On Fri, 26 Jul 2002, Valerie Krasne wrote:
  >> Beside the libelous nature of your comments, the trade name "Jay Krasne"
  >> is a registered service marks and may not be used without my prior
  >> permission in public communications.  By causing this information to be
  >> posted to public information storage/retreval systems, you have viloated
  >> several federal and state laws.

  dave> A.  You don't have such a trademark, I checked.  Unless you registered
  dave> this trademark outside the US and I missed it.

  dave> B.  A trademark doesn't protect from all uses of the trademarked
  dave> phrase/name/whatever.  It simply forbids someone else from using the
  dave> trademarked name in a "confusingly similar" context.

  dave> I'm not sure what you think that confusingly similar context is here.
  dave> Maybe acting like a moron on public mailing lists?

  dave> C.  Libel is an _untruthful_ statement that injures a person's
  dave>     reputation.
  dave> Kendall didn't actually make any statements about you, so you'll have
  dave> a heck of a hard time with this one.  Perhaps you should consider
  dave> suing _yourself_ for libel, since you seem to be the person doing the
  dave> most damage to your own reputation.

  >> You have 10 days from the date of this communication to have the file
  >> "000629.html" removed from public access.  If you fail to act, you will
  >> be prosecuted to the fullest extent of the law.

  dave> The fullest extend of the law, in this case, being none at all.

Hi Dave,

We've certainly disagreed often enough in the past on this list, so I was very
pleased to read your response to Jay Krasne -- who's not on this list, by the
way, so he's likely not seen it yet -- and to find myself in just about
complete agreement.

Will wonders never cease?! ;>

Thanks,
Kendall Clark