FC: Radio host Michael Savage nastygrams SavageStupidity.com

From: Declan McCullagh (declanat_private)
Date: Sun Apr 27 2003 - 20:32:31 PDT

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    [Thomas has been a Politech subscriber (and frequent contributor!) since 
    1996, if I recall properly. Sorry for the delay in getting this out. --Declan]
    
    ---
    
    From: "Thomas Leavitt" <thomasat_private>
    To: "Declan McCullagh" <declanat_private>
    Cc: <PLEVYat_private>, <adminat_private>,
        "David Riski" <DRiskiat_private>
    Subject: Fw: www.savagestupidity.com
    Date: Fri, 18 Apr 2003 17:19:15 -0700
    
    Declan,
    
      You know, I never thought Savage's lawyers would be stupid enough to
    actually nastygram me. Especially with a domain name dispute. I'm posting
    these documents to the SavageStupidity.com web site in the next hour or so,
    and will be sending out a press release far and wide in the next twenty-four
    hours with a detailed response. I'll also be posting this to the
    chillingeffects.org site immediately.
    
      I've also registered "klmfirmsucks.com", and will be putting up a web site
    ASAP that will detail this whole dispute, as well as encourage any
    businesses
    or organizations that currently do business with them to change lawyers. :)
    
    Any other folks whohave had similar issues with these nastygramers are
    welcome to post to that site as well.
    
      First of all, "savage" is a dictionary word, completely generic, as is
    "stupidity". The two, in combination, are a commentary on the savagely
    stupid nature of most of Michael Savage's supporters (as in "Lacking polish
    or manners; rude.", to cite entry #5 - well documented on the "HateMail"
    section), and indesputably constitute political and satirical free speech.
    
      See dictionary.com's definition of "savage", at
    http://dictionary.reference.com/search?q=savage
    
      Their contention that "[t]he only difference between Complainant's MICHAEL
    SAVAGE mark and the disputed domain name is the replacement of the word
    'Michael' with 'stupidity'" is ludicrous on the face of it - are they going
    to claim trademark rights on every combination of the world savage with
    other dictionary words?!? Apparently so, as they contend that the
    conjunction of "stupidity" with "savage" is not enough to avoid "confusion"
    on the part of non-English speakers.
    
      The fact is, "savage" and "stupidity" are two completely generic,
    dictionary words, the combination of the two does not in any way infringe on
    any trademark held by the whiny weiner dude, and I do have a very
    established right and legitimate interest in the domain name, as I've been
    maintaining the site since April 29th, 2002 and have invested hundreds of
    hours of time and energy into creating content for it, much of it of a
    generic nature.
    
      Further, Savage's lawyers said nothing about this for almost a full year
    (the domain name was registered in April 29th, 2002), even though the site
    generated significant media coverage in his home radio market and was easily
    findable in Google for almost that entire time, and general trademark law
    says that failure to act to defend a trademark within a reasonable time
    frame means you lose the right to it. If Savage wants to contend I'm
    trespassing on his trademark and have been since the site was put up, which
    as I said above, I dispute unconditionally, I am perfectly willing to
    contend that it should be invalidated on that basis.
    
      Their contention that the mere fact that my site shows up prominently in
    search engines when Michael Savage is searched for, and that the fact that
    even users who are understand that there is no association might visit it,
    causes damage, is also utterly ludicrous. By that logic, any site engaging
    in criticism of a trademark holder that is easily findable by individuals
    searching for information about the trademark holder should be shut down. I
    should optomize my site so that it does not show up in search engines when
    people look for information about Michael Savage? Give me a break! If this
    were upheld on that basis, free speech on the Internet would be dead.
    
      The they claim that I'm not engaging in "fair use" or "non-commercial use"
    of the name, because
    
    a) I'm calling for a boycott of his advertisers - a very well established
    political tactic that falls well within free speech bounds
    
    b) I solicit donations to support the site's operation (donations which have
    never come even close to covering the basic operational costs), and "sell"
    merchandise. Well:
    
    i. the links to the CafePress store are not working, and have not worked for
    months
    ii. I have never sold a single item of merchandise, nor have I sold a single
    book via Amazon - and even if I had, since no trademark infringement has
    occured, and the entire basis of their complaint is invalid, it is none of
    their damn business - CafePress has very strict anti-trademark violation
    provisions, and we were very careful to follow them.
    
    Here is what google returns when my site comes up as a result of searching
    for "savage nation":
    
    SavageStupidity.com - Where Michael Savage and "The Savage Nation ...
    ... critiquing, debunking, and otherwise combating and countering the
    influence of radical
    right wing talk show host Michael Savage and his Savage Nation followers ...
    Description: From a husband and wife team opposing the viewpoints of
    conservative radio talk show host Michael...
    Category: Society > Activism > Media
    www.savagestupidity.com/ - 2k - Cached - Similar pages
    
    How his lawyers can complain that this is "confusingly similar" or would
    lead any reasonable individual to believe that SavageStupidity.com is
    sponsored by Michael Savage is beyond me.
    
    The first two entries are:
    
    MichaelSavage.Com
    ... Bonaparte Benedict Arnett hired by Commie-Greek TV SABOTAGE "Only A More
    Savage Nation
    Can Survive." --- Michael Savage To Read More From 'The Savage Nation'. ...
    www.michaelsavage.com/ - 86k - Cached - Similar pages
    
    Amazon.com: Books: The Savage Nation: Saving America from the ...
    The Savage Nation: Saving America from the Liberal Assault
    on Our Borders, Language and Culture, Michael Savage. ...
    www.amazon.com/exec/obidos/tg/ detail/-/0785263535?vi=glance - 68k -
    Cached - Similar pages
    
    aside from demonstrating that Michael Savage is utterly incompetent when it
    comes to promoting his own web site (there is no entry from "Open Directory"
    for it, and the text that shows up in Google doesn't clearly explain what
    the site is about), it seems pretty clear that a reasonable person would be
    able to distinguish the two.
    
      As I'm broke and unemployed, and it is my understanding that defending a
    domain name takes hundreds to thousands of dollars, I'd appreciate any
    support Politech folk can give me.
    
      I've never gone through this process, so advice on exactly what I need to
    do next would be much appreciated.
    
    Regards,
    Thomas Leavitt
    
    
    -- 
    Thomas Leavitt, Sr. Systems Admin For Hire
    Resume at http://www.thomasleavitt.org/personal/resume/
    Phone: 408-591-3342 / Email: thomasat_private / Fax: 815-371-2804
    
    Wired since 1981. Internet-enabled since 1990. Web-enabled since 1993.
    Older, wiser, and poorer, post-crash. :)
    
    Join the System/Database/Network Administrators Job Search Community:
    http://groups.yahoo.com/group/sdnadminjobs/
    
    
    ----- Original Message -----
    From: "David Riski" <DRiskiat_private>
    To: <info@arb-forum.com>
    Cc: <thomasleavittat_private>; <postmasterat_private>;
    <infoat_private>
    Sent: Friday, April 18, 2003 3:45 PM
    Subject: www.savagestupidity.com
    
    
    
    
    David J. Riski
    KANE, LADUZINSKY & MENDOZA, LTD.
    225 W. Washington, Suite 1100
    Chicago, IL 60606
    Tel:     (312) 726-0424
    Fax:    (312) 726-2425
    Email:  driskiat_private <mailto:driskiat_private>
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