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UnknowNPoweR.
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July 13, 2006 at 12:09 am #183033
UnknowNPoweR
Memberhere 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
SiteThis 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 ComputersWe 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
RelationsFor 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)
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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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