[ga] Re: FC: Airplane critic gets sued over site -- but insurance pays defense

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jim and all,

  I agree.  As and aviator myself and a former Marine Avaitor
this is a very great concern.  However I must also say that the
issue of Domain Name ownership is being used here to apply
some sort of political pressure improperly and inexcusably.

  Still, well done Jim!



Jim Folts wrote:

> Jeff,
> Thanks for your note of support.
>
> The real issue here is aviation safety. And it goes
> far beyond small private aircraft. As the airlines
> have gotten deeper into financial trouble, they have
> contracted an increasing share of their maintenace to
> questionable operations like Piedmont Hawthorne. You
> only need to look at accidents like the recent one in
> Charlotte that killed 19 people to realize how serious
> the maintenance safety situation has become. Just
> today, I received documentation that indicates United
> has serious problems with contract maintenance on some
> of their big jets.
>
> Sloppy automobile maintenance leaves you stranded at
> the side of the road. Sloppy aircraft maintenance
> means they pick your pieces out of the trees on some
> mountain. This is more than a pilot free speech issue.
> The safety of every passenger who steps into an
> aircraft is at stake.
>
> We need all the support you can give us.
>
> Jim Folts
>
> --- Jeff Williams <jwkckid1@ix.netcom.com> wrote:
> > Declan and all,
> >
> >   Very interesting case here.  Perhaps the ICANN
> > GNSO/DNSO
> > UDRP Task force could gain a clue from these sorts
> > of cases.
> > But somehow I kinda doubt it...
> > And so the TM - Domain Name wars continue...
> >
> >   That's sticking it to them Jim and Paul!
> >
> > Declan McCullagh wrote:
> >
> > > ---
> > >
> > > Date: Wed, 12 Mar 2003 11:00:49 -0500
> > > From: "Paul Levy" <PLEVY@citizen.org>
> > > To: <declan@well.com>
> > > Cc: <jimfolts@yahoo.com>
> > > Subject: "First they nearly killed me ... now
> > they're suing me!"
> > >
> > > That is the theme for the latest in the Internet
> > trademark wars.
> > >
> > > Jim Folts, who lives near Knoxville Tennessee,
> > suffered a mishap in a
> > > private plane that he was flying, and he felt that
> > Piedmont Hawthorne
> > > Aviation, an airplane repair shop that had
> > serviced his plane, was
> > > responsible.  He took his problem to the National
> > Transportation Safety
> > > Board, which found that Piedmont Hawthorne was
> > responsible.  But when
> > > Folts set up a website titled Aircraft Pilots for
> > Better Maintenance,
> > > and used Piedmont Hawthorne's name is his domain
> > name and meta tags,
> > > Piedmont Hawthorne sued Folts alleging trademark
> > and defamation
> > > theories.
> > >
> > > Piedmont appears to have sued the wrong guy, at
> > the wrong time.  It is
> > > the wrong guy because Folts doesn't like being
> > pushed around and, it
> > > turns out, he has the luxury of being able to
> > afford to stand up for his
> > > free speech rights because Folts is covered for
> > this lawsuit by his
> > > insurance.  So he is going to have a fully
> > financed and high-class
> > > defense.  Indeed, the first thing I ask any
> > cybergriper who comes to me
> > > is, do you have insurance coverage so that you can
> > hire a lawyer.  If
> > > more people thoughy about this BEFORE they got
> > threatened with
> > > litigation, they'd be a lot better off.  Second,
> > the lawsuit was filed
> > > within days after the Sixth Circuit decided
> > Taubman v. Mishkoff, which
> > > would seem to preclude the trademark claims
> > altogether.   (we actually
> > > decided not to take the case because, in light of
> > Taubman, it seemed
> > > clear to us that the trademark claims were
> > untenable and the only real
> > > issues in the case was deframation for which a
> > local lawyer would be
> > > better)
> > >
> > > The story, including information about the
> > lawsuit, is now on Folts'
> > > website at http://www.aircraft-maintenance.com .
> > He stopped using the
> > > Piedmont-related domain name after he consulted a
> > local lawyer.   Now
> > > that he has experienced trademark counsel,
> > however, that may well
> > > change.
> > >
> > > Paul Alan Levy
> > > Public Citizen Litigation Group
> > > 1600 - 20th Street, N.W.
> > > Washington, D.C. 20009
> > > (202) 588-1000
> > > http://www.citizen.org/litigation/litigation.html
> > >
> > >
> >
> -------------------------------------------------------------------------
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> >
> -------------------------------------------------------------------------
> > > Declan McCullagh's photographs are at
> > http://www.mccullagh.org/
> > >
> >
> -------------------------------------------------------------------------
> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup LLA. - (Over 129k
> > members/stakeholders strong!)
> >
> ================================================================
> > CEO/DIR. Internet Network Eng. SR. Eng. Network data
> > security
> > Information Network Eng. Group. INEG. INC.
> > E-Mail jwkckid1@ix.netcom.com
> > Contact Number: 214-244-4827 or 214-244-3801
> >
> >
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 129k members/stakeholders strong!)
================================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 214-244-3801


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