PoolRoomTeesCOM
Banned
Hello my fellow Pool Players and Az'ers.
I've been battling a CyberBully or CyberHarasser for a few weeks now. I'm asking your advice here... What to do. My husband want's me to sue but for me I just hope he gives up and leaves me alone.
I have a website: http://www.PoolRoomTees.com
I am being harassed by the owner of the website http://www.PoolTees.com
Here is a breakdown of what has happened so far:
..............
Email received 2/24/09
Dear Angela Sebree,
We (PoolTees.com) are the proprietor of trademark registration / Pseudo Mark for Serial Number: 77375054, “Pool Tees”. Widespread use of the “Pool Tees” trademark has been made, to the extent that this trademark has acquired an extensive reputation and goodwill. The “Pool Tees” trademark is, accordingly, also a well-known mark for all relevant purposes of trademark law.
It has come to our attention that you are using the “Pool Room Tees” trademark. This trademark is confusingly and/or deceptively similar to our “Pool Tees” trademark and also constitutes a reproduction or imitation thereof.
In the circumstances, your continued use of the “Pool Room Tees” trademark will constitute an infringement of our registered and common law rights. Your conduct may also constitute passing off and/or misleading and deceptive conduct in breach of the trade Practices Act. Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defendant’s profits.
In the circumstances, we demand that you immediately:
1. cease all use of the trademark “Pool Room Tees”;
2. withdraw, cancel and/or delete any corporate names, domain names (including social networking sites), trademark applications and/or trademark registrations for or including the “Pool Room Tees” trademark;
3. undertake, in writing, never in future to make any use of the “Pool Room Tees” trademark without prior written authority from us, whether within any corporate name, trading name, trading style, domain name or otherwise.
If we do not receive an adequate response within 25 days of this notice, we may take such action, as we may be advised, in order to protect our rights including, without limitation, legal action for injunctive relief or to recover damages without further notice to you.
This is written without prejudice to our rights, all of which are hereby expressly reserved.
Yours faithfully,
-Jake Schwartz
President - PoolTees.com
DELETED
PH: DELETED
............
My response to that Email
Sir from my information, you can not trademark what you do. The following information is public record!
Word Mark POOLTEES
Goods and Services (ABANDONED) IC 028. US 022 023 038 050. G & S: Billiard equipment. FIRST USE: 20050425. FIRST USE IN COMMERCE: 20050425
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77375054
Filing Date January 18, 2008
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT)
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date October 26, 2008
Registration is refused because the applied-for mark merely describes a feature of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
.........
Mr Schwartz's letter to my supplier and their response to him.
Andrea Moore
From: Jake at Pooltees.com [DELETED]
Sent: Wednesday, February 25, 2009 6:34 AM
To: Trademark
Cc: DELETED
Subject: Cafepress Storeowner Copyright Infringement
2/27/2009
Candice,
There’s a cafepress store (http://www.cafepress.com/DesignerStore) that appears to be infringing upon
copyright material (our logo) of my business, www.PoolTees.com. As you can see their logo, company name, and
certain products, contain material that is blatantly infringing upon my copyright protection of the “PoolTees”
logo and “PoolTees” name.
Here is all the requested information asked in your “Intellactual Property Rights Policy” page:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the
copyright or other rights that have been allegedly infringed.
2. Identification of the copyright, trademark or other rights that have been allegedly infringed.
Any designs in http://www.cafepress.com/DesignerStore/6182938 that include the world “Pool” with
two pool balls used for letters, constitutes an infringement upon the “PoolTees.com logo”, which can be
viewed here: http://www.pooltees.com/pics/logos/cleanbannerquote.GIF.
3. The URL or product number(s) used in connection with the sale of the allegedly infringing
merchandise. Note: A store URL is www.cafepress.com/storeid. Simply including www.cafepress.com
is not sufficient to identify what you are objecting to; we use the "storeid" part of the URL to identify
the user.
4. Your name, address, telephone number and email address.
Jacob Schwartz
DELETED ADDRESS ALTHOUGH IT IS ON HIS WEBSITE
5. A statement that you have a good‐faith belief that use of the material in the manner complained of is
not authorized by the rights owner, its agent or the law.
Widespread use of the “PoolTees” copyright has been made, to the extent that this copyright has
acquired an extensive reputation and goodwill. The “PoolTees” copyright is, accordingly, also a wellknown
mark for all relevant purposes of copyright law. The images used by this cafepress store owner
“PoolRoomTees” are confusingly and/or deceptively similar to our “Pool Tees” copyrighted material and
also constitutes a reproduction or imitation thereof.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that
you are authorized to act on behalf of the owner of the copyright or other right that is allegedly
infringed.
I confirm that the information in this notification is accurate and, under penalty of perjury, that I am the
owner of the copyright that is infringed.
Please advise ASAP. Thank you!
‐Jake Schwartz
President ‐ PoolTees.com
DELETED
2/27/
.........
Andrea Moore
From: Andrea Moore
Sent: Friday, February 27, 2009 11:52 AM
To: 'Jake at Pooltees.com'
Cc: Trademark
Subject: Notification of Alleged Infringement
Page 1 of 2
2/27/2009
Dear Mr. Schwartz,
Thank you for your February 25, 2009 notification regarding the possible infringement of your
rights by a user of our service. We have carefully reviewed the images listed in your notification as well
as your website www.pooltees.com. However, we will not accede to your demand to remove content
from products on the CafePress website at this time for the reasons stated below.
First and foremost, the user’s images that you objected to in your notification do not
incorporate your logo “pooltees.com.” Instead, they only use the common descriptive word “pool” to
describe the sport in connection with other words and design elements that further distinguish the
images from your design.
With regard to your copyright claim, copyright does not protect words, short phrases or ideas; it
only protects the specific expressions of those words, short phrases or ideas. See Sem‐Torq, Inc., 936
F.2d at 854‐855. This is because such short phrases are generally considered to lack sufficient
originality. 17 U.S.C.A. § 102(a). Copyright protection is denied even where the slogans or short
phrases are distinctively arranged or printed. See Kitchens of Sara Lee, Inc. v. Nifty Foods Corp., 266
F.2d 541 (2d. Cir. 1959). In this case, you are using the short phrase “pooltees.com” in a design that
has replaced the two “o”s with 8 balls; the rest of the text is in green and black. The designs you
objected to use different phrases, such as “pool is cool,” “pool name your game” and “pool support the
sport,” along with other design elements. While these designs may incorporate the common idea of
using two pool balls in the word “pool” they do not copy your design, but instead merely use one
similar word which is not subject to copyright protection. For more information on the unavailability
of copyright protection for short phrases, please see the U.S. Copyright Office’s circular on the subject
available at http://www.copyright.gov/circs/circ34.html.
We are more than willing to work with rights holders. However, one must be reasonable in
interpreting their rights and understanding the limits of copyright law. If you have any complaints
regarding a different store in the future, please do not hesitate to notify us. If the content is deemed
to be potentially infringing upon your rights, we will remove the content from products on the
CafePress website. However, in situations where we do not agree with the allegations, we may decline
to remove such content.
I have forwarded your letter and our response to the user whose content was not removed so
that s/he is aware of your demands and can take any action s/he feels is appropriate. I hope that this
will bring this matter to a close. Nevertheless, if you would like to discuss this matter further, feel free
to contact us.
As always, we must include the following formalities. CafePress disputes all claims and
allegations of infringement, and nothing contained in this letter is intended, nor shall be construed as
an admission of any wrongdoing or liability on behalf of CafePress or the users of the CafePress
service. This letter is not intended, nor shall it be construed as a full statement of all the facts and
circumstances relating to this matter. Nothing contained in this letter, nor any act or omission to act
by CafePress is intended or should be deemed to be a waiver, abridgement, alteration, modification or
reduction of any rights, claims, defenses or remedies that CafePress may have in regard to this matter
and all such rights, claims defenses and remedies, whether at law or in equity, are hereby expressly
reserved.
Best regards,
Andrea Moore
(650) 655-3198
amoore@cafepress.com
CafePress
www.cafepress.com
2/27/
..........
I contracted Mr Schwartz and told him to quit harassing me.
..........
3/10/09 Mr Schwartz contacted MySpace and had my logo and photos removed because of Copyright Infringment.
myspace.com/myspacehelp
To:
• @PoolRoomTees.com
Date:
Mar 10, 2009 1:07 PM
Subject:
Copyright/Trademark Content Deletion
Body:
Hello,
Content has been deleted from your profile due to a complaint of copyright infringement or a violation of MySpace's Terms of Use. Please be aware that MySpace deletes profiles of users who repeatedly infringe copyrights. Please be careful not to include content on your profile that you do not have permission to use so you can continue to be part of the MySpace community.
Thank you,
MySpace. com
myspace.com/myspacehelp
To:
• @PoolRoomTees.com
.........Note this went on for a while... everytime I would get something up, it would be removed...
............
Mar 10, 2009
1:39 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
1:39 PM MySpace Help
Read We had to delete one of your photos
Mar 10, 2009
1:33 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
1:33 PM MySpace Help
Read We had to delete one of your photos
Mar 10, 2009
1:07 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
1:05 PM MySpace Help
Read We had to delete one of your photos
Mar 10, 2009
12:52 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
11:45 AM MySpace Help
Read We had to delete one of your photos
////////
3/11/2009
From:
"Facebook" <warning+ky42kb2x@facebookmail.com>
To:
angela.sebree
Hello,
We have removed or disabled access to the following content that you have posted on Facebook because we received a notice from a third party that the content infringes their copyright(s):
[Profile picture: Pool Room Tees]
We strongly encourage you to review the content you have posted to Facebook to make sure that you have not posted any other infringing content, as it is our policy to terminate the accounts of repeat infringers when appropriate.
If you believe that we have made a mistake in removing this content, then you can submit an appeal by filling out our automated form at http://www.facebook.com/copyright.php?dmca_counter_notice
The Facebook Team
Submitted Apeal 3/11/2009
I've been battling a CyberBully or CyberHarasser for a few weeks now. I'm asking your advice here... What to do. My husband want's me to sue but for me I just hope he gives up and leaves me alone.
I have a website: http://www.PoolRoomTees.com
I am being harassed by the owner of the website http://www.PoolTees.com
Here is a breakdown of what has happened so far:
..............
Email received 2/24/09
Dear Angela Sebree,
We (PoolTees.com) are the proprietor of trademark registration / Pseudo Mark for Serial Number: 77375054, “Pool Tees”. Widespread use of the “Pool Tees” trademark has been made, to the extent that this trademark has acquired an extensive reputation and goodwill. The “Pool Tees” trademark is, accordingly, also a well-known mark for all relevant purposes of trademark law.
It has come to our attention that you are using the “Pool Room Tees” trademark. This trademark is confusingly and/or deceptively similar to our “Pool Tees” trademark and also constitutes a reproduction or imitation thereof.
In the circumstances, your continued use of the “Pool Room Tees” trademark will constitute an infringement of our registered and common law rights. Your conduct may also constitute passing off and/or misleading and deceptive conduct in breach of the trade Practices Act. Federal Law provides numerous legal remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, monetary damages, claim to a defendant’s profits.
In the circumstances, we demand that you immediately:
1. cease all use of the trademark “Pool Room Tees”;
2. withdraw, cancel and/or delete any corporate names, domain names (including social networking sites), trademark applications and/or trademark registrations for or including the “Pool Room Tees” trademark;
3. undertake, in writing, never in future to make any use of the “Pool Room Tees” trademark without prior written authority from us, whether within any corporate name, trading name, trading style, domain name or otherwise.
If we do not receive an adequate response within 25 days of this notice, we may take such action, as we may be advised, in order to protect our rights including, without limitation, legal action for injunctive relief or to recover damages without further notice to you.
This is written without prejudice to our rights, all of which are hereby expressly reserved.
Yours faithfully,
-Jake Schwartz
President - PoolTees.com
DELETED
PH: DELETED
............
My response to that Email
Sir from my information, you can not trademark what you do. The following information is public record!
Word Mark POOLTEES
Goods and Services (ABANDONED) IC 028. US 022 023 038 050. G & S: Billiard equipment. FIRST USE: 20050425. FIRST USE IN COMMERCE: 20050425
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77375054
Filing Date January 18, 2008
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT)
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date October 26, 2008
Registration is refused because the applied-for mark merely describes a feature of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
.........
Mr Schwartz's letter to my supplier and their response to him.
Andrea Moore
From: Jake at Pooltees.com [DELETED]
Sent: Wednesday, February 25, 2009 6:34 AM
To: Trademark
Cc: DELETED
Subject: Cafepress Storeowner Copyright Infringement
2/27/2009
Candice,
There’s a cafepress store (http://www.cafepress.com/DesignerStore) that appears to be infringing upon
copyright material (our logo) of my business, www.PoolTees.com. As you can see their logo, company name, and
certain products, contain material that is blatantly infringing upon my copyright protection of the “PoolTees”
logo and “PoolTees” name.
Here is all the requested information asked in your “Intellactual Property Rights Policy” page:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the
copyright or other rights that have been allegedly infringed.
2. Identification of the copyright, trademark or other rights that have been allegedly infringed.
Any designs in http://www.cafepress.com/DesignerStore/6182938 that include the world “Pool” with
two pool balls used for letters, constitutes an infringement upon the “PoolTees.com logo”, which can be
viewed here: http://www.pooltees.com/pics/logos/cleanbannerquote.GIF.
3. The URL or product number(s) used in connection with the sale of the allegedly infringing
merchandise. Note: A store URL is www.cafepress.com/storeid. Simply including www.cafepress.com
is not sufficient to identify what you are objecting to; we use the "storeid" part of the URL to identify
the user.
4. Your name, address, telephone number and email address.
Jacob Schwartz
DELETED ADDRESS ALTHOUGH IT IS ON HIS WEBSITE
5. A statement that you have a good‐faith belief that use of the material in the manner complained of is
not authorized by the rights owner, its agent or the law.
Widespread use of the “PoolTees” copyright has been made, to the extent that this copyright has
acquired an extensive reputation and goodwill. The “PoolTees” copyright is, accordingly, also a wellknown
mark for all relevant purposes of copyright law. The images used by this cafepress store owner
“PoolRoomTees” are confusingly and/or deceptively similar to our “Pool Tees” copyrighted material and
also constitutes a reproduction or imitation thereof.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that
you are authorized to act on behalf of the owner of the copyright or other right that is allegedly
infringed.
I confirm that the information in this notification is accurate and, under penalty of perjury, that I am the
owner of the copyright that is infringed.
Please advise ASAP. Thank you!
‐Jake Schwartz
President ‐ PoolTees.com
DELETED
2/27/
.........
Andrea Moore
From: Andrea Moore
Sent: Friday, February 27, 2009 11:52 AM
To: 'Jake at Pooltees.com'
Cc: Trademark
Subject: Notification of Alleged Infringement
Page 1 of 2
2/27/2009
Dear Mr. Schwartz,
Thank you for your February 25, 2009 notification regarding the possible infringement of your
rights by a user of our service. We have carefully reviewed the images listed in your notification as well
as your website www.pooltees.com. However, we will not accede to your demand to remove content
from products on the CafePress website at this time for the reasons stated below.
First and foremost, the user’s images that you objected to in your notification do not
incorporate your logo “pooltees.com.” Instead, they only use the common descriptive word “pool” to
describe the sport in connection with other words and design elements that further distinguish the
images from your design.
With regard to your copyright claim, copyright does not protect words, short phrases or ideas; it
only protects the specific expressions of those words, short phrases or ideas. See Sem‐Torq, Inc., 936
F.2d at 854‐855. This is because such short phrases are generally considered to lack sufficient
originality. 17 U.S.C.A. § 102(a). Copyright protection is denied even where the slogans or short
phrases are distinctively arranged or printed. See Kitchens of Sara Lee, Inc. v. Nifty Foods Corp., 266
F.2d 541 (2d. Cir. 1959). In this case, you are using the short phrase “pooltees.com” in a design that
has replaced the two “o”s with 8 balls; the rest of the text is in green and black. The designs you
objected to use different phrases, such as “pool is cool,” “pool name your game” and “pool support the
sport,” along with other design elements. While these designs may incorporate the common idea of
using two pool balls in the word “pool” they do not copy your design, but instead merely use one
similar word which is not subject to copyright protection. For more information on the unavailability
of copyright protection for short phrases, please see the U.S. Copyright Office’s circular on the subject
available at http://www.copyright.gov/circs/circ34.html.
We are more than willing to work with rights holders. However, one must be reasonable in
interpreting their rights and understanding the limits of copyright law. If you have any complaints
regarding a different store in the future, please do not hesitate to notify us. If the content is deemed
to be potentially infringing upon your rights, we will remove the content from products on the
CafePress website. However, in situations where we do not agree with the allegations, we may decline
to remove such content.
I have forwarded your letter and our response to the user whose content was not removed so
that s/he is aware of your demands and can take any action s/he feels is appropriate. I hope that this
will bring this matter to a close. Nevertheless, if you would like to discuss this matter further, feel free
to contact us.
As always, we must include the following formalities. CafePress disputes all claims and
allegations of infringement, and nothing contained in this letter is intended, nor shall be construed as
an admission of any wrongdoing or liability on behalf of CafePress or the users of the CafePress
service. This letter is not intended, nor shall it be construed as a full statement of all the facts and
circumstances relating to this matter. Nothing contained in this letter, nor any act or omission to act
by CafePress is intended or should be deemed to be a waiver, abridgement, alteration, modification or
reduction of any rights, claims, defenses or remedies that CafePress may have in regard to this matter
and all such rights, claims defenses and remedies, whether at law or in equity, are hereby expressly
reserved.
Best regards,
Andrea Moore
(650) 655-3198
amoore@cafepress.com
CafePress
www.cafepress.com
2/27/
..........
I contracted Mr Schwartz and told him to quit harassing me.
..........
3/10/09 Mr Schwartz contacted MySpace and had my logo and photos removed because of Copyright Infringment.
myspace.com/myspacehelp
To:
• @PoolRoomTees.com
Date:
Mar 10, 2009 1:07 PM
Subject:
Copyright/Trademark Content Deletion
Body:
Hello,
Content has been deleted from your profile due to a complaint of copyright infringement or a violation of MySpace's Terms of Use. Please be aware that MySpace deletes profiles of users who repeatedly infringe copyrights. Please be careful not to include content on your profile that you do not have permission to use so you can continue to be part of the MySpace community.
Thank you,
MySpace. com
myspace.com/myspacehelp
To:
• @PoolRoomTees.com
.........Note this went on for a while... everytime I would get something up, it would be removed...
............
Mar 10, 2009
1:39 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
1:39 PM MySpace Help
Read We had to delete one of your photos
Mar 10, 2009
1:33 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
1:33 PM MySpace Help
Read We had to delete one of your photos
Mar 10, 2009
1:07 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
1:05 PM MySpace Help
Read We had to delete one of your photos
Mar 10, 2009
12:52 PM MySpace Help
Read Copyright/Trademark Content Deletion
Mar 10, 2009
11:45 AM MySpace Help
Read We had to delete one of your photos
////////
3/11/2009
From:
"Facebook" <warning+ky42kb2x@facebookmail.com>
To:
angela.sebree
Hello,
We have removed or disabled access to the following content that you have posted on Facebook because we received a notice from a third party that the content infringes their copyright(s):
[Profile picture: Pool Room Tees]
We strongly encourage you to review the content you have posted to Facebook to make sure that you have not posted any other infringing content, as it is our policy to terminate the accounts of repeat infringers when appropriate.
If you believe that we have made a mistake in removing this content, then you can submit an appeal by filling out our automated form at http://www.facebook.com/copyright.php?dmca_counter_notice
The Facebook Team
Submitted Apeal 3/11/2009
Last edited:
Have to give it to him as much as that pains you.. 
