YouTube link added 02.03.09
 
1:11 PM, Sunday, March 26th, 2006:
 
 
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
 
March 23, 2006
 
VIA CERTIFIED AND U.S. MAIL
Mr. Adam Kontras ***** ***** ****
******* ********, California *****
 
Re: Amazon.com/Adamazon.com
 
Dear Mr. Kontras:
 
I write because you have not responded to my prior letter regarding your registration and use of the <adamazon.com> domain name.
 
I previously wrote to inform you that your use of the <adamazon.com> domain name as the Internet address of a commercial, look-alike Web site, infringes Amazon.com's rights in its AMAZON.COM® trademark. In that letter I requested, among other things, that you contact me to confirm that you are willing to transfer the domain name to Amazon.com and to agree not to register any confusingly similar domain names in the future. I have received no response to my letter, and you have continued your use of the infringing domain name. At the same time, it is clear that you received our letter, as you posted it on your Web site and commented on it in your blog. --ed. HEY! New Reader!!! (sigh)
 
If you do not agree to transfer the <adamazon.com> domain name to Amazon.com, Amazon.com may choose to demand arbitration under the ICANN UDRP, which may result in the automatic transfer of the domain name to Amazon.com in as little as thirty days. In a very similar case, PRL USA, Inc. v. Freddy Militana, an Administrative Panel ordered the transfer of the <polosportscondoms.com> domain name to the complaintant, the owner of the POLO trademark. The respondent, an actor and stand-up comic, argued that his use of <polosportscondoms.com> was a legitimate, noncommercial use because he used the domain name as the Internet address of a Web site purporting to parody the Polo brand "for artistic, creative and humorous purposes only," and he had earned minimal revenues from the site. The Administrative Panel held that the respondent had no legitimate rights to use <polosportscondoms.com> because, among other things, the respondent used the domain name to promote his comedic career.*
 
 
 
25637236.1
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
March 23, 2006
Page 2
 
Your Web site poses the question of whether Amazon.com will "buy" the domain name from you. As you probably know, demanding money in exchange for a domain name that infringes another's trademark constitutes "cyber squatting," which could result in the imposition of "statutory" damages of up to $100,000 without any proof of actual loss. Further, as a matter of policy, Amazon.com does not pay others to respect its trademark rights when they are already bound to do so.
 
Nonetheless, it is always Amazon.com's desire to settle these disputes, when possible, without resort to litigation. To this end, we request 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. If you comply with this request, Amazon.com is willing to reimburse you for your out-of-pocket costs for maintaining the registration of the domain name only. If you do not contact me within that time, Amazon.com has authorized us to pursue its lefal remedies without further communicating with you.
 
We look forward to hearing from you, and hope that you will choose to cooperate in remedying the existing violations of Amazon.com's rights. In the interim, however, nothing contained in this letter is intended or should be construed as an admission or waiver of any of Amazon.com's rights or remedies, all of which are hereby expressly reserved.
 
 
 Enclosures
 

 

____________________________
*Amazon.com has prevailed in UDRP actions under similar circumstances. In Amazon.com , Inc v. MCL International, Ltd, an Administrative Panel ordered the transfer of the <yuamazon.com> domain name, which the respondent used as the URL of a look-alike Web site, to Amazon.com pursuant to the UDRP. Similarly, in Amazon.com, Inc. v. Oluseyi Ikhizamah, an Administrative Panel ordered the transfer of the domain name <zamazon.com>, which the respondent claimed to have registered as a play on his name, which contained the phrase "zama." A copy of these decisions, and the PRL USA Holdings, Inc v. Freddy Militana decision, are enclosed for your reference.
 

25637236.1
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
 
Amazowned.

 

You know, I REALLY expected a call from Amazon saying "Let's work something out. We'll point Adamazon.com to one of your products on OUR site..." You know? Something. But they're really going to go all out to get the name "Adamazon" back. So frustrating. ADAM belongs to me AZON belongs to them, and we're really going to get into an argument over this?!?! When I'm not selling anything? (sigh)
 
So I took every button off the site that would possibly lead someone to believe they could actually buy something. To all 3 of you who did in the past 2 years, feel fortunate. No one has touched those buttons in nearly EIGHTEEN MONTHS. So who cares. As I said before, this site was NOT a commerce site, never intended to be - it was simply a way to parody amazon and show all the projects I've done. So that's what it is again, and will be from now on. If I ever sell anything it will be through a "real" site.
 
Of course I realize that this changes nothing as far as Amazon is concerned. They've got all the precedence in the world for this (for those of you who actually read the two letters - WOW, they sure have good ammo huh?) I'm just so pissed about this. I left a message to the lawyer just asking to talk, haven't heard back from him. I just can't believe they're going to push this until they take the site from me. Because they can… they're huge. I have no money, no lawyers, I have no way of fighting what I believe is "fair use". I have to just take it.
 
Where is this Adam coming from? Didn't you JUST say how excited you were about the prospect of more exposure because of this? I guess I'm just tired of being known for PARODY. I have so many original ideas and incredible new things to add to the world, and I seem to get bits of infamy off of PIGGY-BACKING. Fuck that. Hey my sign was on Ryan Seacrest! Dude, I should be on Ryan Seacrest. And anyone who's seen all this shit knows that. So while, yes - that was funny and cool… I'm sick of that.
 
Adamazon is a parody, but it's also a cool way for me to chronicle 10 years of my projects. I'm extremely proud of it, and it isn't taking a DIME from Amazon and they know it. In no way is it hurting them, damaging their name, hurting their trademark… nothing. Then again, they wouldn't have gone this far if they weren't sure they'd get a transfer within 30 days. Any judge will look at adamazon.com and go "blatantly ripping off Amazon" before I ever speak and it will cost me thousands to even get the chance to. I have no money, therefore I lose. It's ridiculous.
 
It's like the right turn on red ticket. I can protest it, but then lose the right to traffic school that takes it off my record. Because I can't risk that, I have no choice but to accept it. And for some reason, that thought isn't making me want to fight right now, it's making me want to bitch and moan. LOL.
 
And I have to respond to Mr. Lawyer, and his remark implying I was "Cybersquatting". Stop bullying me man. The fact that you read my personal journal and took all of my passing "thoughts" as an attack against you is friggin' ludicrous. I'm not demanding anything, I'm simply putting my thoughts on paper. You know damn well I did not take that name to get "paid". I simply wondered why the hell you considered it such a threat to your name, and why you offered nothing in terms of a compromise. In fact, I just reread the entry - where the hell did you get that?!?!
 
"…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."
 
Man this irks me more and more. I wish I had someone to talk to. I wonder if Mr. Rawls will call back. I wonder what he really thinks about this, if not employed by Amazon. I wonder if battered women are ever deep fried.
 
:-(
 
Adam