Friday, February 24th, 2006:
 
~* ~ ZAPPOW! ~* ~ RANDOM!!! ~* ~ ZAPPOW! ~* ~
 
That does it. From this point on, whenever I want anything to happen in "The Journey", I will announce that nothing is going to happen for a bit…
 
…which is seemingly THE wake-up call for the "Journey Gods" to strike. This is a first for the newly named "Norman" the Random GOD. He's brought us a doozy. Take a look at what I got in the mail a couple days ago...
 

 
FULBRIGHT & JAWORSKI L.L.P.
A REGISTERED LIMITED LIABILITY PARTNERSHIP
555 SOUTH FLOWER STREET
FORTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071
WWW.FULBRIGHT.COM
 

JRAWLS@FULBRIGHT.COM

TELEPHONE: (213) 892-9200

DIRECT DIAL: (213) 892-9285

FACSIMILE: (213) 892-9494
 
February 21, 2006
 
VIA CERTIFIED AND U.S. MAIL
Mr. Adam Kontras ***** ***** ****
******* ********, California *****
 
Re: Amazon.com/Adamazon.com
 
Dear Mr. Kontras:
 
This firm represents Amazon.com, Inc. ("Amazon.com"), the owner of the famous AMAZON.COM® trademark, which is registered in the United States and in numerous countries around the world. Amazon.com has asked us to contact you concerning your continued use of a variation of the AMAZON.COM® trademark, despite prior communications from Amazon.com. We write to make one final request that you cease this unauthorized use of Amazon.com's intellectual property.
 
Charmaine Velasco of Amazon.com's intellectual property group previously wrote to you to explain that, although Amazon.com does not object to your operation of a "parody" site at the URL <4tvs.com>, your use of the <adamazon.com> domain name in connection with that site violates Amazon.com's trademark rights. Ms. Velasco asked that you agree to transfer the <adamazon.com> domain name to Amazon.com and refrain from registering any domain names that are confusingly similar to the AMAZON.COM® trademark in the future. To date, you have not agreed to transfer the domain name or to provide the representations of discontinuance that Ms. Velasco requested.
 
In order to avoid the necessity of formal legal action to protect Amazon.com's rights, I take this opportunity to explain the basis of Amazon.com's position.
 
Amazon.com strictly limits the circumstances under which it gives permission to third parties to make use of its marks. Amazon.com imposes this limitation to ensure, among other things, that the public does not form the mistaken impression that Amazon.com has some relationship or affiliation with particular persons or groups, or endorses their activities or products.
 
 
 
25590389.1
HOUSTON o NEW YORK o WASHINGTON DC o AUSTIN o DALLAS o LOS ANGELES o MINNEAPOLIS o SAN ANTONIO o HONG KONG o LONDON o MUNICH

 
 
Mr. Adam Kontras
February 21, 2006
Page 2
 
You have registered a domain name that is an extremely close variation on the AMAZON.COM® mark, and have pointed the domain name to a commercial Web site that copies virtually every original design element found on the genuine Amazon.com Site, and offers products directly competitive with those offered on the genuine <amazon.com> Web site.* Amazon.com is concerned that your use of a domain name that differs by only two characters from the AMAZON.COM® trademark and corresponding domain name is likely to confuse and misdirect consumers who are looking for the genuine Amazon.com site; among other things, consumers can easily make a typing mistake when attempting to enter the <amazon.com> domain name into their Internet browsers. Such misdirection constitutes, among other things, trademark infringement, even if consumers are able to ascertain that your site is not affiliated with Amazon.com prior to making a purchase. See Playboy Enterprises, Inc. v. Netscape Communications Corp., 354 F.3d 1020 (9th Cir. 2004) (creation of "initial interest confusion" creates liability for trademark infringement).
 
You can easily remedy the risk of harm to the Amazon.com trademark that has been created by your use of <adamazon.com; simply cease pointing the <adamazon.com> domain name to your Web site, and transfer the domain name to Amazon.com. If you do so, and agree in writing not to register any confusingly similar domain names in the future, Amazon.com is prepared to release its claims against you and raise no objection to the operation of your "parody" site at the <4tvs.com> domain name. We ask that you contact me within ten (10) days of the date of this letter to arrange for the transfer of the <adamazon.com> domain name to Amazon.com.
 
We hope that you will cooperate in our effort to reach an amicable resolution of this matter without the necessity of formal legal proceedings. Should you have any questions regarding Amazon.com's position, please contact me at the number listed above. Pending further agreement between us, however, nothing contained in this letter is intended or should be construed as an admission or waiver of any rights or remedies Amazon.com may have, all of which are hereby expressly reserved.
 
 
____________________________
*We are aware that you have stated that your site is non-commercial. This is incorrect. Your site invites customers to purchase audio cassettes, compact discs and DVDs by clicking on an "add to cart" button directing viewers to a Paypal site.
 

25590389.1
HOUSTON o NEW YORK o WASHINGTON DC o AUSTIN o DALLAS o LOS ANGELES o MINNEAPOLIS o SAN ANTONIO o HONG KONG o LONDON o MUNICH
 
As you may remember, 2 years ago (Entry 348 entitled "Amazon's Pissed"), I received an email from Charmaine Velasco of Amazon.com's intellectual property group saying basically the same thing. I wrote back to her saying I felt it was within "Fair Use" as a parody of their site and left the email open-ended as far as a way to resolve things. I found it strange that their biggest gripe (then) was that the name "amazon" was within Adamazon and they wanted it. Now of course they've written one hell of a well thought out letter on every possible infringement. Props to the Fulbright & Jaworski Lawfirm btw, as that was no "Cease & Desist" form letter - Amazon's getting their money's worth. Of course they're going after a guy who has made $17 since their first letter 2 years ago, but at least it's well-written. LOL.
 
To be fair, they have no problem with me keeping the pages up on my site, as long as Adamazon.com points to THEM…but I'm just FLOORED that it means that much to them. However knowing that, and knowing the money they're spending right now to get Adamazon brings a bit of a smile to my face. Let's be honest: I'm nobody. I mean REALLY nobody. They however, are somebody - so there's a lot of room to make everyone happy here. What if Adamazon.com did point to their site…where my stuff was available? Allowing them to profit? For example, a guy bought "Stevebay.com" and pointed it to ebay.com where he sells stuff. He makes money, Ebay makes money. That would help me (much moreso than what Adamazon is now) and it would give them the control over that name that they want.
 
There has to be something in it for me. Because sitting in my shoes? The prospect of an actual legal battle looks mighty fine to a guy who has had literally no exposure…EVER. I am hard pressed to not look at this as an opportunity to play "Little man vs. Corporate Machine" for all it's worth. Luckily for them, I have no personal vendettas against big business (unless it's Haliburton) and am more than willing to find a solution. Worst case scenario, I take out the "add to cart" button (no one ever pushes it anyway - LOL), but I think everything else easily falls under "fair use". Bottom line is, I don't find their solution of just giving it up reasonable or fair, since it can be argued that I'm even in the wrong. So they're gonna have to come up with something better than that. I'll work on something to email to them, or maybe I should just wait a bit more. Either way, I'll of course keep everyone updated.
 
Thaaaaaaaaaaaanks Journey Gods, I was almost just Adam for a couple months. :-)
 
Adamazon