The Ritbook.com (now BookMaid.com) Trademark Case

From:	Dan Leveille <drl4193@rit.edu>
To:	Bobby Colon <racgla@rit.edu>
Cc:	Mary Beth Cooper <mbcvsa@rit.edu>, William Destler <bill.destler@rit.edu>
Date:	Jun 18, 2007 8:27 PM
Subject:	Re: Meeting

Mr. Colon,

To start off, I would like to clarify that I am carbon copying this email to Mary Beth Cooper because she was originally supposed to be carbon copied into any emails between you and I, which you failed to do. I want to ensure that Dr. Cooper is aware of everything between us, because, to my knowledge, you were the one who made the decision to send the original (inappropriate) cease and desist letter to me. I also carbon copied Dr. Destler into this email, because I feel this is an important matter of his concern.

Mr. Colon, I am very upset that you will file a complaint with ICANN. I understand that the pricing for a UDRP complaint is around $1500 to $5000. (Our tuition dollars at work!) This is a senseless action for RIT to do. I'm sure the RIT community will be outraged if you decide to take this action. I can assure you that if this is your decision, the media will love this story. I've been on WHAM 13 News once about this issue, and the reporter wants me to keep him updated. RIT's Reporter magazine is also interested in writing articles in addition to the two they have already written.

I can be assured that once ICANN opens this case, it will be quickly terminated, seeing how foolish it is. Because there is no trademark infringement remotely involved, I will be extending the registration of www.ritbook.com again this December, so that I can continue its sole purpose to redirect potential customers to the new site, bookmaid.com. As we discussed, this new site will be clearly unaffiliated with RIT. RIT's paying thousands of dollars to prevent this redirection?

Mr Colon, I emailed Mary Beth Cooper on June 13, 2007 4:27 PM. She forwarded this email to you, yet you have neglected to address any of my concerns, and instead threatening to file a proceeding against me. I suggest that as a representative of RIT, you should take the time to address my concerns. Unfortunately, you are the only individual able to address legal affairs.

I am looking forward to an email from you regarding the matters I raised. That email can be found threaded below in the conversation.

Sincerely,
Dan Leveille

From:	Bobby Colon <racgla@rit.edu>
To:	Dan Leveille <drl4193@rit.edu>
Date:	Jun 15, 2007 11:24 AM
Subject:	Re: Meeting

Dan

I'm sorry that we were not able to resolve the trademark infringement issue involving your use of the domain name www.ritbook.com. I continue to believe that RIT's last proposal for resolution was fair and generous.

Unfortunately, you did not agree.

As a result of our inability to amicably resolve this matter, I have been authorized to commence a proceeding under the Internet Corporation for Assigned Names and Numbers' ("ICANN") Uniform Domain Name Dispute Resolution Policy ("Policy"). The Policy can be found on the ICANN website, www.icann.org/dndr/udrp/policy.htm. I expect the proceeding to be filed during the first week in July, 2007 and will provide you with a courtesy copy of the complaint prior to filing.

Until such time as the complaint has been filed, RIT's final offer for resolution of this matter is still on the table:

1. You will be allowed to use the domain name www.ritbook.com until your registration expires on December 7, 2007.
2. Your use of the domain name will be solely for the purpose of redirecting your customers to a new website, bookmaid.com.
3. You will not be allowed to use the domain name, www.ritbook.com, in any advertising, but can display on your new website, bookmaid.com, that it was formerly known as www.ritbook.com until December 7, 2007.
4. You will continue to abide by the prior changes made to your website including changes in color and a clear unambiguous statement that bookmaid.com is not affiliated with the Rochester Institute of Technology.
5. If you have any questions please let me know. If you think a further meeting on this issue would help I would be more than happy to meet with you prior to the date of the filing of the ICANN complaint.

Bobby Colon, Esq.
Chief Legal Officer

From:	Dan Leveille <drl4193@rit.edu>
To:	Mary Beth Cooper <mbcvsa@rit.edu>
Date:	Jun 4, 2007 1:27 AM
Subject:	Re: Meeting

Just to recap, the demands asked of me are:

1. I am only allowed to use ritbook.com until registration expires or December 31, 2007; whichever is earlier.
2. I can use of ritbook.com solely for the purpose of redirecting users to the new website, which I need to have in place by June 30, 2007
3. I have to tell RIT what domain I am registering before I register it, so that "I won't infringe again".
4. I cannot use ritbook.com in any advertising.

First off, my new domain is www.bookmaid.com and I demand that this name not be disclosed to anyone other than you, Robert Colón, and Dr. Simone.

Robert Colón's email states that I cannot use ritbook.com in any advertising, which I'm assuming means that I cannot advertise ritbook.com. Because of course it would be unreasonable to restrict me from advertising the new site and saying "formerly ritbook.com".

Mr. Colón states that I am only allowed to use ritbook.com until registration expires or December 31, 2007, whichever is earlier. This is one request on Mr. Colón's behalf that I cannot comply with. My business, like any other, cannot afford to lose potential customers. There are hundreds of links and media on the web with the url "ritbook.com." Once an individual hears this name and decides to visit the URL, if I do not have it registered, he will be faced with a page that says "The page cannot be displayed" or "Server not found." This is something I cannot let happen. RIT's trades are not losing authenticity. There is absolutely no reason why RIT should demand I do this, and thus I am not going to comply with this demand.

Dan Leveille