Received June 2, 2010
|Re: Unauthorized Use of Trademark; Multiple Violations of AUP|
Dear Sir or Madam:
Our office represents Mr. Kendrick Moxon, a well known lawyer who has advocated for religious rights for most of his thirty-five year career, particularly the rights of Scientologists to be able to practice their religion without having to be subjected to discrimination, harassment, and threats because of it.
Mr. Moxon owns the intellectual property rights to the name "Kendrick Moxon." He is the only person in the world with this name. And it is with this name that he derives his livelihood and provides goods and services as a lawyer.
We have been notified that one of your customers, ANONYMOUS (who calls himself "Angry Gay Pope"),1 created a webpage on NTT's website the entirety of which is designed to harass and defame Mr. Moxon, invade his privacy rights concerning the untimely and tragic death of his daughter, and to create hate and discrimination based upon his own personal Scientology religious beliefs. Your customer is also using his NTT services to profit from Mr. Moxon's trademark and trade name, Kendrick Moxon.
These violations can be found under the following URL:
These violations are articulated specifically as follows:
1. Your customer has usurped Mr. Moxon's name, "kendrickmoxon.com" which violates Mr. Moxon's, intellectual property, privacy and publicity rights. He is the only Kendrick Moxon in the world.
The very first thing that pops up on this link is a photograph of your customer in "pope" regalia and in big letters the command to "DONATE" money to him with credit card links to facilitate the donations. This is repeated at the bottom of his website in even bigger, bolder type. Thus, your customer is using our client's trade and service mark as a means to make money for himself and his own causes.
2. The website contains surreptitious photographs of Mr. Moxon, which have been posted without Moxon's permission and thus violate his privacy rights.
3. The statements concerning the death of Mr. Moxon's daughter, who died in an electrical accident in 2000, are astonishingly vulgar, harassing and abusive. For example, your customer has a picture of a body lying dead on the ground with a lightning bolt going into it. Underneath he has written "Daughter Stacy's Suicide." Never mind that she did not commit suicide, the vulgar and objectionable photograph demonstrates the hateful nature of the site.
4. The website contains the following utterly false, libelous, defamatory and offensive statements about Mr. Moxon (which are just a few of such tortious, offensive and libelous statements).
a. As main counsel for the Church of Scientology he defended [the Scientology religion] in the wrongful death lawsuit of his own daughter.
This is a blatant lie and falsehood and therefore defamatory. There was no such lawsuit.
b. He later attempted to have his unborn granddaughter aborted.
This is a blatant lie and falsehood and therefore defamatory.
c. It contains a link which states: "Daughter Stacy's Suicide."
This is likewise a blatant lie and falsehood about his daughter and therefore defamatory. She did not commit suicide.
5. Throughout this website are statements and comments which are hate propaganda aimed at Mr. Moxon because of his religious beliefs and connection to the Scientology religion.
All of these actions on the part of your customer violate NTT's Acceptable Use Policy which expressly prohibits "any activity that infringes or misappropriates the intellectual property rights of others . . . engaging in activity that violates privacy, publicity, or other personal rights of others ". "[u]sing NTT America's network as a means to transmit or post defamatory, harassing, abusive, or threatening language."
Accordingly, we request your help in removing this webpage from your service.
I appreciate your prompt attention to this matter.
Moxon & Kobrin
3055 Wilshire Boulevard
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385
1 Mr. Moxon Represented a woman who was stalked by Mr. Myers, resulting in a restraining order against him to stay away from the woman. Myers was also convicted of malicious property damage to Church of Scientology property and an injunction was imposed for him to stay away from a number of Churches of Scientology and its staff member's housing.
ANGRY GAY POPE'S RESPONSE
Ohmigoshgolly this was unexpected!