- Report: #1082439
Report - Rebuttal - Arbitrate
Complaint Review: Thomas Eric Raspotnik
Thomas Eric Raspotnik, Select State/Province USA
Thomas Eric Raspotnik Cindy Leana Fleming Using late trademark filing to try to take my domain name and website title. Violation of my Common-Law Copyright and Creative license. WA and MI
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Dated: Thursday, September 6th, 2013 (from my copy at: dragonseye (dot) site90 (dot) net.)
As of my discovery over the last few days, (about early Sep 2013, I have noticed that there is another website with a domain named very similar, not the same, as this one. I went to check out that website out of curiosity, as is my usual when I am on-line.
I was surprised at first to see it was a website ALSO devoted to the study of the ancient occult, only - it seems not so draco-centric as this one. Their site was more about the Babylonian and Sumerian (Mesopotamian) Mysteries, than so about dragons in general. I thought this was harmless enough being that there are many who have different points of view and ideas about what parts of the ancient mysteries, and from which cultures to study.
My shock came when I saw, towards the bottom of the page, that they had a "registered trademark" on the name of their site and of their domain name. It was startlingly similar to the domain name MY website is currently registered as. So, after a little digging on-line, I checked the "whois" listings for their dot-com, dot-net, and dot-org forms of their site name. The SAME folks have ALL THREE registered to them. However, their DNS registrations are about a month-and-a-half later than my DNS registration for templeoftheancientdragons.org (plural). Hmmm! This had me wondering!
A day or two later, I decided to check with the U.S. Patent and Trademark Office on-line. There, I found that someone DID indeed have claimed a trademark on the similar name (not the same). However, the applicant of the trademark claim was different from the registrant(s) of the domain names! Also, the applicant for the trademark claim is in a completely different area of the country from the registrant(s) of the domain names (which are similar but not the same as my domain name)! This trademark claim was only a few days following the DNS registrations of the three similar domain names, but still about a month-and-a-half AFTER my initial domain name registration!
Now, I am not opposed to others having a likely interest in similar subject matter as I do, nor of having a domain name registered to them that may be similar to mine if it fits the theme and basis of their website(s). However, I DO find it interesting that a trademark filing followed the previously-mentioned DNS registrations very shortly afterward! EVEN in the point of fact that MY domain was registered a month-and-a-half earlier than their actions and filings!
Also very interesting, that in trying to search for the previous years' archives (snap-shots) of THIS location's (dragonseye.site90.net - the site you are reading this on, now) on the Internet Archive's "Wayback Machine", it seems that about three-and-a-half years' worth of web snap-shots, from this location, have all but vanished! Every time I tried to search the Wayback Machine for snap-shots of this, dragonseye.site90.net, location's copy of my "temple site", I would be directed to the history of the other domain's location, instead of this one! It seems that the folks at the internet archive have so changed things with the new "Wayback Machine BETA", and left no ability to use the "classic version" intact, that I was unable to ascertain the history - nor - see the previous years' backups of THIS site's location!
There is also very little to be found on the search engines regarding or locating the contents of THIS site's pages - LESS THAN A WEEK after I set this site to redirect to the new domain. There do not appear to be any "cache-copies" from any of the search engines having to do with the former contents of this site! Rather convenient, that I am having trouble proving the actual age of the site titled: "Temple of The Ancient Dragons" being that I KNOW this site has used that name in its met tages and title tag for over three years - THREE YEARS BEFORE THE OTHER WEBSITE CAME INTO EXISTENCE! OVER THREE YEARS BEFORE THE FILING OF THE TRADEMARK FOR - TEMPLE OF THE ANCIENT DRAGON !!! (singular)
Now, I am not one to make a big stink about nothing ado, but this whole scenario is very, and I say VERY FISHY!!!
This website, "Temple of The Ancient Dragons", is MY baby! This website was my dream-come-true. This website was from my heart, with lots of love and adoration for one of humanities most ancient, least understood, and least appreciated mythical creatures, the dragon. This website was to be where I share my love and enthusiasm for the subject of dragons and their mysteries. I was to do so with the idea of also studying the spiritual significance, archetypal symbolism, and WHY the "dragon" (as one, or as many) holds such a place of high significance in humanity's cultures. This website was to be where I could pay homage and tribute to one of my most sacred totems! The dragon has been a part of my life for most of my life. I have seen many of the fan websites out there, been to many of the different discussion boards, forums, blogs, etc., but I felt that the real story about the ancient dragons needed to be told from a matter-factly-based point of view.
I also wanted to begin the process of building a good, non-dogmatic, seminary-like course where interested folks could learn how to also work with the dragon-archetype and its representative imagery. I have seen many different sites that cover topics like "dragon magick", "wicca with dragons", etc, etc, etc. However, most them seemed to much like "cookie-cutter", new-age repeats of each other. There seemed to be very little innovation in concepts, methods, and practices when it came to working with dragons. Most of these types of sites were merely just copies of each other in their "documentation", magic theory, and the new-agey "fluffy-bunny-sunny-faerie"-type touchy-feely attitudes! Most of them think that dragons are to be treated as mere children; puppy dogs; or just there to satisfy the wants of the mage!!!
This website was to be where things would be viewed differently, and with more cooperation in the idea of working with spirits of any sort. I wanted to bring together the best, most effective means of accomplishing our many wants - with due respect and reverence for the powers we seek to work with. Nature deserves our respect and reverence. The Gods AND Goddesses (that goes the same for you "goddess-only" types) deserve our equal respect and reverence. AND - the Dragons, one and all of them, deserve our equal respect and reverence (they are NOT "puppy dogs", play toys, or helpless little children)! They are deserving spirits and energies, who also deserve our deep and most profound respect!
Now, back to the main subject of this letter to the world.
My point in all of this,
THIS website, by name "Temple of The Ancient Dragons", by domain "templeoftheancientdragons.org", and thought and dream - is MY creation from MY heart, mind, and soul. It is because of MY love of the dragons, past, present, and perhaps future(?) - and their many hidden and yet-to-be-rediscovered mysteries that this website "Temple of The Ancient Dragons" was born. This website was to also be the basis to help others rediscover their inner-divine spirit by inspiration of their discoveries about the dragons of the ancients (the "ancient dragons", if you will). This is why I came up with the slogan, "Revealing the Divine within All Things, Great and Small". That is because that was what I was hoping to help others learn to accomplish by finding their own means to accomplish it. "True freedom starts from within!" I fully subscribe to that idea along with the idea of WHY we were all included with "Free Will"!
The dragon is the ultimate expression of "Free Will" and free thought. It is the ultimate expression of limitless possibilities - that is - creativity or destructivity (within the universal-reason, of course). It is the ultimate symbolism of unboundedness, unrestrained power (except by its own control), and breaking of the boundaries and barriers to higher understanding and consciousness. THAT is why so many of the churches teach and preach fear and loathing to their "followers", of ANYTHING that dares to broach and breach THEIR imposed barriers to higher understanding. The dragon is so reviled by many of these controlling churches and other religions, because of the symbolism of uncontrollable forces and power. The dragon has been the symbol of great power and wealth for many cultures for many millenia! It has also been the symbol of great knowledge, great wisdom, and great confidence in one's own abilities in as many or more millenia.
This site was and IS to be my testament to their greatness and their endless wisdom of the ages. This site, and all that it stands for, is my baby and my dream to applaud, appreciate, pay homage to, pay my deepest respects to, and show my love for - the dragons, one and all!
If there comes the time that I may need to battle for the survival of my "dream on the web", becasue some others have chosen to take the sneaky way of taking my dream from me - using (or ABUSING) the power of the courts to do so, I will fight with the passion of a Dragon, as a Dragon will fight to defend its home and its family! My domain came onto the "scene" first! My website has a better-than-three-year history on the web as the definitive "Temple of The Ancient Dragons". This is MY creation! I can prove that I am first, on the web "scene", with a website of such name, devoted to the study and perhaps - worship - of the dragons and their wisdom. I willingly tolerate other sites who may seem similar in mission, and even pay no mind to them as I do NOT see them as "competition" in any way. However, when are also trying to "trademark" a name that is already in use by someone else, THAT is a violation of the prior individual's creative right - REGARDLESS IF HE OR SHE HAS OR HAS NOT TRADEMARKED THE NAME OR IDEA. The first public expression and use of "Temple of The Ancient Dragons" belongs rightfully to me!
This I will fight for! This I will defend! By will and by might of the Dragons, I shall fight until I prevail, or until I have no choice but to fail! Oh, did I forget to mention that, . . . I DO have access to lawyers, if needed ??? AND I DO have evidence of the pre-existing copies and archives of this site, as well as probably an uncountable number of witnesses in the web-world who could probably recall that MY web site existed long before any "trademark" claim was ever filed! Hmmmm! This may get interesting!
- Reverend Jim ("Dragon's Eye"),
Temple of The Ancient Dragons
"Revealing the Divine within All Things, Great and Small."
This report was posted on Ripoff Report on 09/06/2013 08:30 PM and is a permanent record located here: http://www.ripoffreport.com/r/Thomas-Eric-Raspotnik/Select-StateProvince/Thomas-Eric-Raspotnik-Cindy-Leana-Fleming-Using-late-trademark-filing-to-try-to-take-my-d-1082439. 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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