Anyone know...

adam atherton · Post by **adam atherton** » Sat Mar 10, 2007 2:05 am

nice creed sticker.

Garr · Post by **Garr** » Sat Mar 10, 2007 3:05 am

Yeah, I've done quite a bit of reading on Trademarks and Servicemarks and all that jazz. I do remember reading that there is a clause regarding regional acts and name usage. Until they can prove that Fort Wayne and surrounding area is a market in which they are being damaged, they have no leg to stand on.

In essence, Fort Wayne and St. Louis can both have bands called MonkeySnot and neither of them competes with each other, so there is no claim. If St. Louis' MonkeySnot signs a national contract where they would be competing with the Fort Wayne market, they have to then prove first usage of the name. I also know that registering a Trademark requires an official trademark search and a $300 registration fee.

This guy's attempt at intimidation is absurd and meaningless. Ask him for proof of his trademark registration and see how fast he shuts his yap.

sevesd93 · Post by **sevesd93** » Sat Mar 10, 2007 9:13 am

The Fort Wayne band he is referring to is now named Slack Factor. They have not been Crosstown for about 4 years.

Post by **cwallace** » Sat Mar 10, 2007 9:21 am

Yeah...he said on the phone that the band HERE had changed their name, but said WE continue to promote them on the site as CrossTown...

The ONLY reason he gets e-mail is because he is in the DB with an account on here...I told him to remove it...out of my hands..and due to his attitude I am not wasting more time looking for solutions..

Chris

DJohnson · Post by **DJohnson** » Sat Mar 10, 2007 8:21 pm

cwallace wrote:LOL>>> We share a birthday!! haha...

I have his wife's phone number also if you want it...

I think this will be the LAST time they call MY house and threaten me...

Chris

I have read all that is posted here re: David and what Chris and other members have to say. I have only one thing to say about this, there are always two sides to a story, and more often than not each side is slanted towards putting itself in a positive light. Anyone who really wants to waste time on getting the other side of the story is welcome to contact myself or David and ask whatever they please. I know that no-one here has or ever had any intentions of litigation.
However, blatantly threatening to place David's wife's phone number on the Internet is something that would be taking this ridiculous fiasco a bit too far. Is it right to put an innocent woman in the middle of this immature BS, anyone disagree? Anyone out there think they wouldn't care about their wife or girlfriend being thrown into this crap?
The true story behind all this is really quite UNdramatic, in spite of what this thread has apparently led everyone to believe. So be it, things happen. But I would respectfully ask that ONLY David and I, Alethea Records and Cross Town be the targets of your collective wrath. Let's be civilized and try NOT to hit below the belt by publishing Mrs. Van Kleeck's phone number. After all, what does she have to do with this, anyway? As a matter of fact, it is MY fault and my record label's fault, more than anyone else's, that this has happened, not Dave's or Cross Town's. Chalk it up to my being an overly cautious and under-experienced Advisor that Fort Wayne Music was ever contacted in the first place to clear up the fact that Fort Wayne's Cross Town was using Dave's band's Website and email address as their own. I was simply trying to get help from Chris to not confuse the Internet Citizens as to who was really being represented at the Website, it never had anything to do with name similarity or any of the other items mentioned and conjectured about here.
I only asked Chris to request the Cross Town of Ft. Wayne to please discontinue claiming ownership of a Website, email address and, by proxy, music that was not theirs. Guess we asked too much or didn't use the magic word well enough.
As for contacting David or myself, here you go;
DJ Johnson
DJohnson@alethea-records.com
(602) 487-8697
David Van Kleeck
Dave@crosstown-band.com
(602) 315-6821
Okay, now you can all take your best shots at us, have fun

david sumner · Post by **david sumner** » Sat Mar 10, 2007 8:37 pm

Our users have posted a total of 52499 articles
We have 2801 registered users
The newest registered user is: Cross Town

Sankofa · Post by **Sankofa** » Sat Mar 10, 2007 8:49 pm

Did O-Town find Jesus?

DJohnson · Post by **DJohnson** » Sat Mar 10, 2007 8:50 pm

cwallace wrote:...this asshat?

David Vankleeck? Phone number: 623-487-8697

This assh*le just called my house threatening 'legal action' against ME because some band on FWM stole his bands web address and hi-jacked the e-mail address...

A few things...who is this d*ck...Who knows him? and who gives a rats ass about his 'label'...

Feel free to give him a call and ask him who the f#ck he is...and pass along the news that he can go f#ck himself and NEVER I repeat NEVER call MY house again...If I find out how he got my REAL home number I swear to GOD someone will pay dearly for it...

Chris

Dear Chris:

Dave, who was still here after a long mixing session, was calling the number listed on WHOIS for Domain Ownership of either Iggy Subs or Fort Wayne Music or that other Domain of yours, KWALIS.com. Anyway, your phone number was posted there, in the public records section.
Had the phone number been listed as your HOME number instead of a CONTACT number, you would not have been called on that phone as this is a business matter - not personal. We are all sorry that you have taken this so personally and we wish, myself especially, that I had never made the first contact with you and Fort Wayne Music re: that other band's use of Dave's band's Website and email.
So there is how your home phone number was found by us. Still, I remind you that Dave called on MY advice, as we both felt enough time had passed that maybe your reaction would be less argumentative. As we were listening to your response, I gave Dave the "cut it off" sign to end the discussion and from a sense of fair play, he went ahead and told you he had recorded the phone conversation (completely legal in Arizona) just in case he was ever called upon to prove the content of that conversation. Again, my bad - I just felt it was best to cover our butts due to the history of bad conversations we had with you from 3 or 4 years ago.
So, please, EVERYONE feel free to BLAME ME for this crap, and DAVE too if you must as he refuses to let me take this one alone. I don't care what you think of either of us, I know David and he really is a stand up guy who prefers resolutions to revolutions, and good will rather than ill will.

Oliver's Army · Post by **Oliver's Army** » Sat Mar 10, 2007 10:39 pm

So, I am confused.

Is it not the responsibility of a domain owner to maintain the domain name?

And if the names lapses it LEAGALLY is available for anyone to take?

And if the faux Cross Town is using your Email address, what would be the point? Would not any Email that was sent to the faux Cross Town go to the *real* Cross Town?

What is the advantage there?

I would hazard to guess that you could contact the faux Cross Town and ask them to sell the name BACK to you?

Garr · Post by **Garr** » Sat Mar 10, 2007 10:53 pm

Yeah, legally, you cannot force someone to give you back a domain. If you registered it, that registry is yours. There is an entire market based on this, and domain brokers make good money. They will register hundreds of domain names that may have value and then they auction or sell them. Since registries can be as cheap at $3.00 for an entire year, this can be profitable if you can devote all your time to it.

If someone registers a trademarked or registered trademarked name, the owner of that trademark cannot sue or force the owner of that registry to give it to them. If the owner of that registry is using that domain name to misrepresent themselves as the owner of the trademark (and this really only matters for REGISTERED trademarks), then the owner of said trademark can seek legal damages or restitution.

Aero · Post by **Aero** » Sat Mar 10, 2007 11:37 pm

Garr wrote:Yeah, legally, you cannot force someone to give you back a domain. If you registered it, that registry is yours. There is an entire market based on this, and domain brokers make good money. They will register hundreds of domain names that may have value and then they auction or sell them. Since registries can be as cheap at $3.00 for an entire year, this can be profitable if you can devote all your time to it.

If someone registers a trademarked or registered trademarked name, the owner of that trademark cannot sue or force the owner of that registry to give it to them. If the owner of that registry is using that domain name to misrepresent themselves as the owner of the trademark (and this really only matters for REGISTERED trademarks), then the owner of said trademark can seek legal damages or restitution.

There was an interesting case a few years back involving Microsoft and the domain MikeRoweSoft.com. A student named Mike Rowe was using the domain as a tech forum, yet Microsoft decided to take him to court under the name that was "misrepresenting" their company, even though Mike Rowe was the domain owner's real name. So anyway, power can play a role in determining who gets a domain in question.

Garr · Post by **Garr** » Sun Mar 11, 2007 12:26 am

Yeah, I remember reading about that, but I don't recall any of the specifics or details, but they couldn't force him to give up the domain name. They could only force him to change the content on it if it compromised their trademarks or copyrights.

Post by **cwallace** » Sun Mar 11, 2007 10:58 am

ONLY David and I

Oh...so now there are TWO of you...

So David has just been USING your e-mail to threaten me for the last 4 years...he was gonna 'sue' me...

Oh yeah...and legal in AZ doesn't mean legal EVERYWHERE...I will be requesting a copy of the alleged 'tape' by certified mail...if it mysteriously gets 'lost' or 'we didn't record anything' comes up in the transaction trust that I will be using that admission HERE in a case against you.

Again...we are NOT cross town..have NOTHING to do with cross town...and you have already crossed the line by harassing me...I am tired of the sh*t from people...your going to be made an exampe of...

The 'two' of you have NEVER approached me in any level of coolness...you have threatened since DAY ONE that you are going to sue ME because the band name 'cross town' appeared on our website...

Here are a few OTHERS you can sue at the same time:

http://www.myspace.com/crosstown12

http://www.soundclick.com/bands/pageart ... dID=357681

http://www.quadcitymusic.com/2005/shows.html

http://profile.myspace.com/index.cfm?fu ... =144832470

http://profile.myspace.com/index.cfm?fu ... =138299981

As well as the record lable that stole your REAL label name:

http://www.wesuckrecords.com

Also...toss GOOGLE.com in there also..since they seems to 'post' your name on THEIR website a lot...unless you gave them written consent to do so...

Leave me alone...leave US alone...

Chris

HillgrassBluebillyFTW · Sun Mar 11, 2007 11:12 am

here's an idea:

PUT UP OR SHUT UP!

It's fairly simple.

Post by **cwallace** » Sun Mar 11, 2007 11:14 am

And here is another internet HINT about how to avoid being put on a mailing list...

QUIT SIGNING UP FOR THE FORUMS WITH DIFFERENT NAMES!!!

Chris

FortWayneMusic.com

Anyone know...

Let's try to remain man to man on this, shall we?

Re: Anyone know...