Democracy Has Losers
I'm a regular guy, holding public office, who put up a political protest site about 7-8 years ago, called "My Democracy has Losers." (MyDHL.com) I thought it was a cute catchphrase, and easier to type in than "MyDemocracyHasLosers.com"
Others, did not. (Hint, Big bully in picture that represents DHL shaking down the little guy-me)
DHL Shipping company has attacked my my use of the web to express my
political views. They have filed a WIPO complaint, listed here:
They apparently feel I'm trying to trade on their "DHL" trademark. I'm not sure what "DHL" stands for, but I'm sure it has nothing to do with Democracy having losers. I don't even think it's American English.
They have a very twisted view of their appeal. Not only is it not true, but
it's the fartherest thing from my mind.
As a proud American, I would NEVER want anything to do with a company that supports the operations of State Terrorism.
They were recently Fined by the United States for Violating International
Sanctions against countries that support Terrorism.
It was in fact, "one of the largest such penalties ever levied"
I would, in fact, like to make clear, I have NOTHING to do with DHL, and, considering their activities in countries that support terrorism, specifically an "axis of evil country," you can certainly understand why I don't want anything to do with them.
Facts About the situation:
I put the initial website up about 7-8 years ago, in protest to the upcoming challenge of George W Bush. I certainly didn't want a Kerry/Clinton running my country.
I planned on expanding into a chat group, and local politics thing.
I hoped to use it in my own run for office, which I won.
Then it kind of languished for a while 'til I moved it to another server.
I updated the site for the new "Losers," and DHL set their German Sheppard's on me.
Interesting "thinkers" about the filings.....
After my site was on the net for 7-8 years, apparently causing no problems, they suddenly decided they MUST file on December 23, and claim they faxed this complaint over, and sent via mail/post/courier (We're not sure on that one, because DHL, a company supposedly a leader in package delivery, hasn't provided a "proof of delivery," or indeed, any kind of delivery record for these important documents....maybe a reason they are out of business in the US?.) So, these docs were supposed to be received by me, I need to find an attorney, and respond, all over the Christmas/New Year's Holiday. (Now, even if they REALLY ever delivered these things, which they didn't, doesn't it already start to smell a little funny?) Anyhow, so, they claim I didn't respond on this timeline, so that somehow is twisted to mean I'm doing awful things to DHL, and somehow distorting their trademark. Next, they file this MASSIVE complaint. Now get this, the entire website is all of one page. DHL Attack dogs have filed a 225+ page document about it. Sound strange? You bet. This is what lawyers call "a paper blizzard." If you're worried your complaint will fail on its merits, and you have nothing to fight with, (Which, they don't in this case,) file LOTS of paper. So much so, that it looks like there is something there. Unfortunately, I don't think they'll be able to pull the wool over WIPO's eyes. Now, not only did they file this complaint, and lay it on thick, they filed "supplemental complaints."
I didn't understand how this process works until it was explained it to me, so here's a synopsis:
Now, that's the whole thing. Cut and dry. No lawyer bickering back and forth,
running up the tab.
What did DHL do? Not this of course. They filed all right, then they file 2, not one, but 2 supplemental filings, basically calling me a liar. (And that kinda pisses me off.)
Now, there are provisions in the WIPO procedure for filing a....that's "A," as in "one," supplement, but ONLY in the MOST EXTREME circumstances. No extreme circumstances have been indicated, or exist here. But again, if you have no case, make a huge noise, and try to distract everyone. I guess that's their plan. They really don't have a case, so I guess they figure they'll just make a big ruckus.
Fortunately, I found a brilliant First Amendment Attorney, in Marc John Randazza. And being a great American, he's willing to go to the mat for the constitution. This guy is not only a defender of American Free Speech rights, but he's a smart guy that "gets it." Know what I mean? Not only does the guy know his "stuff," he knows how to think sensibly. And, he's reasonably priced. (And you have NO idea how hard it is for me to say THAT.....being the "frugal" businessman that I am.)
Here are the actual Filings.
And, that's where it should have ended....but DHL went Right off the rails.....
DHL-Amendment of Complaint
Our obligatory reply....
And then, DHL Felt they needed one more bite.....their "clarification,"
basically, just out and out calling me a liar.
Might be a "legal tactic" to them, but I take it personally.
So, we were obligated to respond.
Respondent's Objection, and motion for leave to respond
Then, it got assigned, and now we wait.....
WIPO Case Assigned
and wait...............................and wait.........................and wait.........