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paltalk lier I mean Lawyer (James D. Silberstein) sue me

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  • #183033
    UnknowNPoweR
    Member

    here is copy of This sick liar who wants to make lie to close my friend web site 7 you are full of it James how about you suck my dick? I bet you wil enjoy it….why don’t you sue paltlak for allowing terror like 911 planning on there system

    london attack been planed on there system

    coptic murdder on there system

    hacking and selling user information? restrating users systems?

    all of these you dont’ give a fuck about? or did perry W Scherer and jason katz paid your mouth and give you some whores from paltalk to play with in private room you sick man……

    Guys there is wht he wrote to the host read it and have fun!

    Dear Sir/Madam:

    We represent A.V.M. Software, Inc. (“AVM”), which is the sole and
    exclusive owner of (a) the registered trademark “PALTALK” and all rights
    therein; (b) all rights in the domain name and (c) all
    copyright rights in the text and images displayed on our client’s
    website, the design, organization and structure of the website and the
    software used in connection with the website and/or our client’s
    services.

    We are writing in connection with the Infringing Site’s infringement
    and dilution of our client’s PALTALK mark, infringement of our client’s
    copyright rights, libelous statements concerning our client, tortious
    interference with our client’s prospective and existing customers,
    violation of our client’s employees’ rights of privacy and violation of
    18 U.S.C. §1030, fraud and related activity in connection with
    computers.

    Since we understand that you are hosting the Infringing Site, we are
    putting you on notice that the Infringing Site must be disabled
    immediately. Your failure to comply herewith may well subject you to
    damages. It goes without saying that our client has not authorized the
    unlawful conduct described herein and that the statements contained
    herein are true and accurate.

    AVM’s Trademark Rights And Infringement Thereof On The Infringing Site

    In addition to using “PALTALK” as part of its domain name, AVM uses the
    PALTALK mark in connection with its audio/video conferencing computer
    software and related goods and services. Millions of authorized users
    around the world have accessed our client’s site and downloaded its
    acclaimed PALTALK video conferencing and related software. Its site is
    often listed on CNET’s Download.com as the top site on the Internet for
    “video conferencing.” Through its tireless labors and those of others
    acting under its supervision, and its uninterrupted, exclusive and
    extensive use of the PALTALK mark, our client has developed enormous
    goodwill in the mark and said mark has become famous and consumers
    immediately associate it with our client.

    Additionally, our client owns a federal trademark registration for the
    mark PALTALK. The registration is valid, subsisting, and in full effect
    under the Lanham Act. As provided under 15 U.S.C. § 1115, Section 33 of
    the Lanham Act, only our client and those authorized by it may use the
    PALTALK name and mark in connection with computer software and related
    goods and services. Our client’s registration constitutes constructive
    notice of its rights in its mark.

    The Infringing Site makes numerous false and tarnishing statements
    about our company and personnel. For example, the Site falsely asserts
    that we “spy” on and “abuse” and “trash” our users and that we lost $6.5
    million this year. These assertions are false and totally indefensible.
    However, consumers seeing these and other false assertions made on the
    Infringing Site could believe them thereby causing such consumers to
    terminate, limit and/or not enter business relations with us. These
    false assertions coupled with the Infringing Site’s use of our client’s
    mark as part of its company name and domain name are tarnishing and
    diluting the distinctive quality of our client’s PALTALK mark and
    injuring our client’s business and goodwill in our mark.

    Additionally, the Infringing Site is promoting software products that
    are competitive with our client’s own products and improperly using our
    client’s PALTALK mark to call attention to such other products, thereby
    further damaging our client’s business.

    Upon information and belief, the Infringing Site might be sending
    viruses to our client’s users.

    Our client has not sponsored, authorized, licensed, or approved of the
    Infringing Site’s use of “PALTALK” or any confusingly similar, dilutive
    or tarnishing variant thereof, let alone use thereof in a manner
    intentionally designed to damage our client, its site, its goodwill in
    its mark and/or its business relationships with its subscribers.

    These are not mere technical violations. Rather, these actions usurp
    our client’s unequalled reputation and the goodwill our client has
    developed in its mark, and are irreparably harming our client. The
    foregoing conduct thus constitutes, inter alia, willful trademark
    infringement, unfair competition and dilution under the Lanham Act, 15
    U.S.C. §§ 1114 and 1125(a) and (c), and various state laws, entitling
    our client to (i) injunctive relief pursuant to Section 34 of the Lanham
    Act, 15 U.S.C. § 1116, and (ii) monetary relief, pursuant to Section 35
    of the Lanham Act, 15 U.S.C. § 1117, equal to three times the amount of
    the Infringing Site owner’s profits, or our client’s damages, whichever
    is greater, plus our client’s reasonable attorney’s fees.

    Registration of the above domain name also violates Section 43(d) of
    the Lanham Act, the Anticybersquatting Consumer Protection Act. The
    domain name is confusingly similar to our client’s PALTALK mark and was
    registered after the mark became famous and distinctive. The Infringing
    Site is not making legitimate use of the domain name and can provide no
    justification for adopting the name. The only conclusion to draw is
    that the entity registered the domain name in order to capitalize
    unfairly on our client’s fame and consumer recognition of its mark
    and/or to harm it. Remedies for these acts include not only a transfer
    of the domain name to our client, but also the payment of statutory
    damages, of up to $100,000, and payment of our client’s costs, including
    attorneys’ fees.

    Our Client’s Copyright Rights And Violation Thereof On The Infringing
    Site

    This section of our notification is pursuant to 17 U.S.C. §§ 17 U.S.C.
    §106, 1201 and 512 (c), Sections 106, 1201 and 512(c) of the U.S.
    Copyright Act, and is sent to you at the above address, because there is
    no agent designated to receive notifications of claimed copyright
    infringement, as so reflected in the current records of the U.S.
    Copyright Office. We affirm that we are authorized to act on behalf of
    AVM whose exclusive copyright rights are being violated by the
    Infringing Site.

    AVM has a good faith belief that the Infringing Site infringes AVM’s
    exclusive rights under the 1976 U.S. Copyright Act, 17 U.S.C. §106 et
    seq., because, upon information and belief, the Infringing Site (i) has,
    without authorization, unlawfully created derivative works of our
    client’s software, and/or (ii) may be offering, or intending to offer,
    for download and/or distribution one or more unauthorized copies of
    AVM’s software or components thereof or derivative works based thereon
    or viruses in lieu thereof.

    We also believe the Infringing Site may be improperly circumventing our
    client’s technological measures designed to control access to our
    client’s protected software and/or offering products, services, devices
    and/or other tools to assist others in circumventing such measures,
    which would violate of 17 U.S.C. §§1201(a) and (b). A party who is
    found to have violated the foregoing provision(s) of the U.S. Copyright
    Act may be subject to, inter alia, injunctive relief, and/or an award of
    actual or statutory damages and/or attorneys’ fees.

    Based on the information at its disposal as of the date set forth
    above, AVM believes that the foregoing statements are accurate and
    correctly describe the infringing conduct.

    Violation Of 18 U.S.C. §1030 – Fraud And Related Activity In Connection
    With Computers

    We have a good faith belief that the activities conducted on the
    Infringing Site also violate various provisions of the federal computer
    fraud act, 18 U.S.C. §1030, et seq. For example, 18 U.S.C.
    §1030(a)(2)(c) bars persons from accessing a computer without
    authorization and/or improperly obtaining information during such period
    of access. AVM believes in good faith that the Infringing Site accessed
    our client’s site without authorization or exceeded authorization by
    improperly obtaining information concerning our client’s users, chat
    rooms, software and other features.

    Tortious Interference With Actual And/Or Prospective Business
    Relations

    For the reasons discussed above, the Infringing Site is also unlawfully
    interfering with our client’s actual and/or prospective business
    relations with its customers under various states’ laws because the
    Infringing Site makes false assertions and allegations about our client
    and its services that are designed to and can and do disrupt the
    services our client offers on or through its site to its customers. For
    example, the Infringing Site’s use of the above domain name is likely to
    cause our client’s customers to use services that compete with those
    that our client provides in the mistaken belief that our client has
    sponsored or provided such services. Alternatively, actual or
    prospective customers might believe the Infringing Site’s false
    assertions about our client and cease use of our client’s services.
    Accordingly, this conduct is likely to harm and has caused harm to our
    client and must be stopped.

    Invasion of Privacy

    The Site also posts photographs of our client’s employees without their
    permission, thereby unlawfully invading their rights to privacy in
    violation of state law.

    The Infringing Site’s Libelous Statements About Our Client

    As discussed above, the Infringing Site’s assertions that, for example,
    we “spy” on and “abuse” and “trash” our users and that we lost $6.5
    million this year, are false, and, therefore, libelous and unlawful.
    Such statements must be enjoined.

    Conclusion

    Given the foregoing, we request that you immediately remove or disable
    access to the Infringing Site. We would appreciate your sending us
    written confirmation by no later than May , 2005, that you have ceased
    providing services to the Infringing Site. We note that your failure to
    take down the Infringing Site could result in your being held
    contributorily and/or vicariously liable for the acts of the Infringing
    Site.

    This letter is without prejudice to our client’s rights or remedies,
    all of which are expressly reserved.

    Very truly yours,

    Note: The information transmitted in this Notice is intended only for
    the
    person or entity to which it is addressed and may contain confidential
    and/or privileged material. Any review, reproduction, retransmission,
    dissemination or other use of, or taking of any action in reliance
    upon,
    this information by persons or entities other than the intended
    recipient is
    prohibited. If you received this in error, please contact the sender
    and
    delete the material from all computers.

    James D. Silberstein
    Fross Zelnick Lehrman & Zissu, P.C.
    866 United Nations Plaza
    At First Avenue & 48th Street
    New York, NY 10017
    212-813-5900 (t)
    212-813-5901 (f)
    —-
    James we know you are gay and we know you do sex with jason katz we have you pictuerd you and jason and perry and gary! (group sex) 😳

    it would be posted here soon.

    btw

    banning my friend 7 will not help you all your spyware avmsoftware the day will come and FBI will have you in custody.

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