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Letter below was faxed by Jim Tobias of XO Communications to our
founder on December 28, 2001, with a letter
from the Jewish Anti-Defamation League. As can be seen, Ms. Meltzer's
letter is dated September 14, 2001, and Mr. Tobias sent it more than
three months later on a Friday after working hours stating that our
site would be deactivated at noon Monday, a clear proof that he did
not want to allow time to respond. After initial
claims that our use of ADL is a trademark violation, we posted
proof that only "ADL
Anti-Defamation League" is protected. Is Tobias another
"REAL JEW" who would do anything for his race?
Email your opinion to: opinion@adlusa.us |
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Date: Fri, 28 Dec 2001 17:10:54 -0500 (EST)
Dear XO Subscriber: We have received a communication from an organization called the Anti-Defamantion League. The organization identifies your account/Web site (antidefenseleague.com) infringing their trademark by the use of the ADL abbreviation. They have submitted proper complaint according to the XO Communications Trademark Infringement Policy, shown below. A copy of the complaint made to our Network Investigations Unit has just been made known to this department and will be acted upon immediately. Copies of this message from XO and the formal complaint from the Anti-Defamation League will be sent to you via FedEX overnight delivery as well. We do not have the ability to evaluate the Anti-Defamation League's allegations, and according to our policy it is not our responsibility. We also wish to remind you of the provision in your agreement with XO under which you agree that the XO service will not be used for purposes of trademark infringement, or any other violation of law or policies. Accordingly, until this matter is resolved by the Anti-Defamation League and yourself - all references to ADL in picture and/or typed format must be removed from your site, "www.americandefenseleague.com", within 48 hours, or the site will be suspended. Being a Friday, your inaction regarding this alleged trademark infringement will cause the site to become inactive at Noon on Monday the 31st of December, 2001. If you would care to receive a faxed copy of the complaint please contact this departement via phone this evening before 12:00am Saturday EST, or after 8:00am Monday. Very truly yours, Jim Tobias
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XO AUP and Abuse Pages:
XO COMMUNICATIONS TRADEMARK POLICY
(i) A copy of the trademark registration for the mark in question (or other proof of trademark rights).Upon receiving these statements in document form, either faxed or sent by ground delivery service, the Network Violations Team will contact the subscriber and give a short amount of time to remove the offending material. Should action not be taken by the subscriber within 48 hours - the Network Violations Department will remove the offending material. Should the subscriber establish in Court the legal right to use the name/mark, we will be happy to continue hosting the materials. "In our view, the policy fairly balances the rights of the complaining party, XO and the subscriber. If you would like to discuss it with our legal counsel, contact information can be obtained directly from the Network Violations Department by call us directly: 989.249.6500. *********************************************************************************
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