S
Slateman
Guest
We received letter below from Raymond Terrence Hoser.
This is not the first time he has written to us in similar manner.
I would ask all members not to name this person in our forums and not to comment on anything related to him or his activities. Please lets pretend that this entity do not exist as far as APS is concerned.
We have more pleasant things to do and talk about than to be concerned about the activity of this person.
This is not the first time he has written to us in similar manner.
I would ask all members not to name this person in our forums and not to comment on anything related to him or his activities. Please lets pretend that this entity do not exist as far as APS is concerned.
We have more pleasant things to do and talk about than to be concerned about the activity of this person.
KOTABI P/L (LEGAL SECTION)
PO BOX 599
DONCASTER
VICTORIA, 3108
AUSTRALIA.
PHONE: +61 3 9812 3322
FAX: +61 3 9812 3355
MOBILE: +61 412 777 211
E-MAIL: [email protected]
TUESDAY 28 SEPTEMBER 2004 - 8.30 AM
TO/ The webmasters / owners
Aussie Pythons and snakes.
[email protected]
[email protected]
cc Alex Tees
Trademark violation by Bruce George and Prospero Films and Foxtel Australia and now yourself/ves
Dear Sir/Madam,
We have become aware of illegal use or promotion of a trademark namely Snakebuster and/or Snakebusters, which Raymond Hoser and his company (Kotabi PL) owns (see below).
Your use of the trademark is in connection with an unlicensed entity at the weblink:
http://www.aussiepythons.com/index.php?name=PNphpBB2&file=viewtopic&t=6122
is unauthorised, illegal under trademark law in Australia and must therefore be removed forthwith.
You are hereby advised that we are presently suing Prospero Films, Bruce George and Foxtel for illegal use of the trademark.
Please remove the weblink immediately and post a retraction of the false information immediately, including that Raymond Hoser and Kotabi P/L are the sole owners of the trademark name snake buster or snakebusters and without derogatory comment or remark on the part of yourself/ves or agents.
Failure to do as lawfully asked within 24 hours of the time this letter is sent may render you and/or your agents liable to legal action without notice.
This letter is sent now so that you cannot claim ignorance of this at a later date in the event that we pursue litigation against anyone who uses these trademark names in any way without authorization, including yourselves.
Please also refer to the letter attached below.
It is also suggested that you seek your own independent legal advice in relation this letter.
Please acknowledge receipt of this letter in writing within 1 day of the date of the top of this letter and treat it's contents with the utmost of urgency.
You may also contact our lawyers at the address in the letter below.
YOURS FAITHFULLY
See attached letter:
KOTABI P/L (LEGAL SECTION)
PO BOX 599
DONCASTER
VICTORIA, 3108
AUSTRALIA.
PHONE: +61 3 9812 3322
FAX: +61 3 9812 3355
MOBILE: +61 412 777 211
E-MAIL: [email protected]
SUNDAY 26 SEPTEMBER 2004 - 12.30 PM
AUSTRALIA (AND DISCOVERY NETWORKS)
Attention: Legal Section.
CC Attention: The CEO,
[email protected]
Sydney phone: 02 92001000
Head Office (Foxtel) 9-5 Monday.
Wharf 8, Murray Street, Pyrmont, NSW, 2009.
GPO Box 99, Sydney 2001.
Fax: Melbourne Moonee Ponds Call Centre: 03-83252311 Further CC Alex Tees (external lawyers):
[email protected]
Instruction to cease violating trademark and illegal use of it - Legal Action Pending
Dear Sir/Madam,
We act for Mr. Raymond Hoser and Kotabi P/L.
We are in receipt of materials on this date indicating violation of their trademark.
Mr. Hoser and his company own the trademark, business names, etc for the words snakebuster and similar.
This includes the trademarks:
912066 and 964068 which are both registered and protected and cover both reptile removals from properties and TV and video productions and all related matters.
A short time ago, we received an application from a WA TV company, Prospero to use the trademark and it was refused. They have been repeatedly told in writing not to use the trademark as has Mr. Bruce George, whom we have discovered has also illegally used it in recent times and without authorisation since the application was made by Prospero.
On this date, we have been advised that your company intends showing Mr.
George on a Prospero film (or several of them) from tomorrow afternoon/evening under the name "The snakebuster" which violates two of our registered and protected trademarks. We also note he is in fact to be shown looking for a snake (Acanthophis wellsi) discovered and named by our client, one of Australia's leading reptile experts, way back in 1998, although we make no ownership claim on that animal. You are hereby advised not to show any program that illegally uses our client's registered and protected trademarks.
In other words, the TV program must not be shown in Australia or advertised on your websites (as it is now) where it can be downloaded and viewed by Australians, noting that in such cases Australian law applies (refer to the Gutnick matter for a precedent).
You do not have authorisation to use the trademarks Snakebusters or similar and no permission is to be granted before the scheduled broadcast time.
In the event that the trademark is illegally used beyond this date, you will be held liable for full damages and compensation.
We reserve all rights including to seek injunctive relief.
Furthermore, you and your company are hereby immediately instructed to:
? Deliver up to our client's street address, given below, all materials that in any way use our client's trademark or are deceptively similar in any way, including copies and masters of all computer disks, CD's, audio tapes, videos, stationary, documents and so on that may use our trademark in a manner that may infringe it or using similar words that may be deceptively similar.
? Undertake in writing not to engage in any conduct likely to infringe, or appear to infringe our client's trademark and all associated rights, including immediate cessation of hosting, e-mailing, broadcasting or disseminating any material that may in any way breach or infringe our client's trademark via any means.
? Notify us in writing of any and all potential breaches of our client's trademark that you are aware of, including:
? Notify us of any and all persons referred to in your business cards, Television promotions, webpages, literature or other correspondence that have used our client's trademark or names deceptively similar in any way, including all contact details and all known infringements, and monies paid, if any, including non-monetary rewards and gifts as well as any other relevant information.
? Advise all internet servers or mirror site hosting services, that you have authorised to peddle our client's trademark without our authorisation, if any, of this letter and to deal with it accordingly as if they were written to directly.
? Advise us as to each and every time that you or other affiliates have hosted or referred to "Snakebusters".
? Advise of all monies obtained using in part or in full the trademark "Snakebusters" including exact amounts and from whom.
Our client's street address is:
488 Park Road
Park Orchards
Victoria 3114
Australia
Failure by yourself and/or your company to properly deal with these matters may result in legal actions being taken against yourself or others without further notice from any time after 10 AM tomorrow and/or from the date following that at the top of this letter. In the event that we subsequently become aware of trademark infringements that you, your company, or others associated with you, has failed to notify us of, but that any staff or close associates were aware of as of the date at the top of this letter (or other relevant time), then you, your company or associates may be held partially or wholly liable for damages, losses, improperly derived income or publicity, etc, that may accrue or be sought by us.
External legal counsel, whom we have also instructed in relation to this matter are at:
AAT Legal,
402/422 Pitt Street, Sydney, NSW, 2000.
Phone: 02 9281 3230
If you seek in any way to use the "Snakebusters" trademark (or others we or our clients own and use), or potentially infringe it in any way in future, you must send us a detailed written submission along with a non-refundable application fee of $10,000.
We shall consider all applications without prejudice and based on their merits.
We also reserve all rights to seek costs and damages in terms of your prior use of our client's trademark, hosting of sites or use of the trademark and the use by others at any time, including any infringements that may be continuing after your receipt of this letter.
You should note that our client has successfully defended his lawfully owned intellectual property several times in the past and by way of example has sought and received damages from Fairfax Media, the publishers of the Melbourne Age newspaper for illegal use of his intellectual property, which resulted in a sizeable payout in his favor.
Your actions have already caused our client damage for several reasons and as such you are already liable for compensation and costs as relevant. However any future claims made against yourself, agents, etc, will be minimised by your proper cessation of infringements from the date of your receipt of this letter.
It is also suggested that you seek your own independent legal advice in relation this letter.
Please acknowledge receipt of this letter in writing within 1 day of the date of the top of this letter and treat it's contents with the utmost of urgency.
YOURS FAITHFULLY
SEE: ATTATCHMENT: RELEVANT TRADEMARK DETAILS:
ATTATCHMENT: RELEVANT TRADEMARK DETAILS:
http://pericles.ipaustralia.gov.au/...ail=DETAILED&p_rec_no=47&p_rec_all=55
Trade Mark : 912066
Word: Snakebusters
Image:
Lodgement Date: 07-MAY-2002
Registered From: 07-MAY-2002
Acceptance Advertised: 12-SEP-2002
Registration Advertised: 24-JUL-2003
Sealing Date: 08-JUL-2003
Renewal Due: 07-MAY-2012
Class/es: 44
Status: Registered/Protected
Kind: n/a
Type of Mark: Word
Owner/s: Raymond Hoser
488 Park Road
PARK ORCHARDS,3114,VIC
AUSTRALIA
Address for Service: Raymond Hoser
488 Park Road
PARK ORCHARDS
3114,VIC
AUSTRALIA
Goods & Services
Class: 44 Removal of unwanted snakes, reptiles and other wildlife from private premises of persons, companies and other entities in accordance with state and federal wildlife laws, as well as provision of information on such reptile related matters, including general zoological and reptile-related consultancy work
http://pericles.ipaustralia.gov.au/...ail=DETAILED&p_rec_no=50&p_rec_all=55
Trade Mark : 964068
Word: snakebuster
Image:
Lodgement Date: 31-JUL-2003
Registered From: 31-JUL-2003
Acceptance Advertised: 04-DEC-2003
Registration Advertised: 01-APR-2004
Sealing Date: 16-MAR-2004
Renewal Due: 31-JUL-2013
Class/es: 41
Status: Registered/Protected
Kind: n/a
Type of Mark: Word
Owner/s: Raymond Terrence Hoser
488 Park Road
PARK ORCHARDS,3114,VIC
AUSTRALIA
Address for Service: R T Hoser
488 Park Road
PARK ORCHARDS
3114,VIC
AUSTRALIA
Goods & Services
Class: 41 Television programs, videos, DVD's, Internet sites, books and other media and entertainment relating to snakes, snake catching, snake removals from people's houses as well as similar programs, information and documentaries relating to other reptiles, frogs and wild (generally non-domesticated kinds) animals in general
