- Report: #1044706
Report - Rebuttal - Arbitrate
Complaint Review: Reverend Tom Erik Raspotnik
Reverend Tom Erik RaspotnikInternet United States of America
Reverend Tom Erik Raspotnik Church Of Malphas Reverend Tom Erik Raspotnik Has Not Responded To Church Of Malphas Legal Paperwork Internet, Internet
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Reverend Tom Erik Raspotnik was served with legal paperwork that his Father signed for. Reverend Tom admitted to knowing about the paperwork and is running away scared from lawyers
and is writing fake reports, building websites and trying to slander the Church Of Malphas instead of handling things legally.
Our lawyers would love to speak with Reverend Tom Erik Raspotnik. Too bad he is too scared to act like a man and face them and continues to act like a child and slander a Church.
Notice that our lawyer has a name, phone number and website unlike all those Reverend Tom Mentions in his Reports. [continued below]....
344 Maple Avenue West, Suite 151 Vienna, VA 22180
Tel. (800) 906-8626
Fax (270) 477-4574 TheTrademarkCompany.com
Matthew H. Swyers, Esq.*
Writers Direct (800) 906-8626 x100 mswyers@TheTrademarkCompany.com
VIA CERTIFIED MAIL
Tom Raspotnik Flagship Media
488 South Harvey St. Shelby, MI 49455
FRE 408 APPLIES
RE: Church of Malphas vs. Flagship Media
Your Use of Mark: CHURCH OF MALPHAS
Your Use of Content Protected by Copyright from http://www.ChurchofMalphas.com and http://www.GoetiaMalphas.com,
Found on Your Website, http://www.ChurchofMalphas.org
TMCO File No.: 12021
As you are aware of, we represent Church Of Malphas in regard to the
protection of her federally protected intellectual property. In this
regard, we are writing to you again regarding your use of the mark
CHURCH OF MALPHAS and content found on your website http://www.ChurchofMalphas.org.
As we stated before, since at least as early as January 1, 2013 our
client has been continuously using the mark CHURCH OF MALPHAS in
connection with educational goods and services in the field of religion.
Because of the excellent quality of the goods and services provided
under our clients CHURCH OF MALPHAS mark in conjunction with the
substantial resources dedicated to promoting the same, our clients
mark has become distinctive and synonymous with its goods and
services and now embodies a very substantial amount of valuable business
goodwill. The mark is protected by (U.S. Ser. No. 85/886,269).
It has recently come to our clients attention that you are using the mark CHURCH OF MALPHAS MARK on your website http://www.ChurchofMalphas.org,
in connection with goods and services provided by your entity which is
also in the field of religion. Your use of the mark CHURCH OF MALPHAS is
confusingly similar, if not identical to our clients mark as listed
above and dilutes the distinctiveness of that mark.
Additionally, since at least as early as February 16, 2013, our client has been using text and images found on her website, http://www.ChurchofMalphas.com,
to advertise and promote educational goods and services in the field of
religion. Also, since at least as early as December 3, 2012, our client
has been using text and images found on her website, http://www.GoetiaMalphas.com, to advertise and promote their educational goods and services in the field of religion.
It has also come to our clients attention that you are using
identical text and images on your website hosted at the domain name http://www.ChurchofMalphas.org
in connection with goods and educational services your entity provides
in the field of religion. The contents of our clients website have been
copyrighted. Your use of text and images from our clients websites
misrepresents that your organization is somehow connected with our
clients business and is considered copyright infringement.
Consequently, your unauthorized use of our clients mark and
copyright as trademarks constitutes federal trademark infringement,
copyright infringement, unfair competition, and dilution under federal
trademark and service mark laws. Your unauthorized use of our clients
intellectual property constitutes copyright infringement under federal
You may be liable for statutory damages and compensatory damages
measured by both our clients losses and your ill-gotten gains which are
subject to trebling as well as attorneys fees and court costs if our
client is forced to bring a civil action against you to enforce their
Thus, again this is our formal demand that you:
Cease use of the mark CHURCH OF MALPHAS and any variation thereof within 14 days; Voluntarily transfer the domain name, http://www.ChurchofMalphas.org, to our client within 14
days; Remove all postings incorporating the mark CHURCH OF MALPHAS from
all social medianetworks including, but not limited to: Facebook,
Twitter, Tumblr and WordPress, and remove the same from all third-party
entity websites including, but not limited to: http://www.RipoffReport.com and http://www.PissedConsumer.com; Remove all postings incorporating copyrighted material from our
clients website from all social media networks including, but not
limited to: Facebook, Twitter, Tumblr and WordPress, and remove the same
from all third-party entity websites including, but not limited to: http://www.RipoffReport.com and http://www.PissedConsumer.com; Remove all pages posted to the domain name http://www.ChurchofMalphas.org bearing the infringing mark within 14 days;
Provide an accounting of all profits received as a result of the unauthorized use of the infringing mark within 14 days; and Provide an accounting of all items left bearing the infringing mark within 14 days.
We asked that you confirm, in writing, that you will comply with our
clients demands no later than April 15, 2013. Failure to do so or to
otherwise contact our office concerning this matter will be regarded as
non-compliance with our clients demands and will be responded to
Thank you for your time and attention to this matter. I look forward to your reply at your earliest convenience.
Lastly, nothing herein shall be construed as an admission against the
interests of our client all of whose rights are hereby expressly
Yours very truly,
/Matthew H. Swyers/
This report was posted on Ripoff Report on 04/19/2013 05:00 PM and is a permanent record located here: http://www.ripoffreport.com/r/Reverend-Tom-Erik-Raspotnik/internet/Reverend-Tom-Erik-Raspotnik-Church-Of-Malphas-Reverend-Tom-Erik-Raspotnik-Has-Not-Respond-1044706. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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