Thursday, August 30, 2007

Lawyer threatens again

On August 29, 2007 I received an e-mail with an attachment from a Vancouver lawyer who said that he was acting on behalf of Dreamhealer Inc. The letter warned me not to make the contents of the attachments public.

The lawyer alleges that I am using the trademark "DreamHealer" without authorization as part of a domain name of a website that was started by me back in July 2005. It was then named "dreamhealer.blogspot.com". In every instance where the name dreamhealer appeared it was followed by a TM, indicating that it was indeed a Trademark.

Since this new lawyer is supposed to be an expert in internet law, you would expect him to know the difference between a domain name, a website and a blog.

He said that the name of the site in question had a "domain name" that would create "a likelihood of confusion", in part because it was "nearly identical to the plaintiff's mark".

In addition, the lawyer stated that, "...there was a high degree of competitive proximity as both the defendant and plaintiff had sites competing for Internet users searching for the plaintiff's mark, and because any confusion resulting from defendant's use of the plaintiff's mark as his domain name and home page address is likely to be destructive to the image of the plaintiff..."

The attorney stated that the plaintiff was the senior user of the mark, and that my site was likely to be destructive to the image that the plaintiff has established. Remember, the old blog was established in July 2005. In my opinion, any image that the holder of the trademark had developed over the years was absolutely his own doing.

If he wanted to protect his image, then over the last decade or so, he and his flock of true believers, including his parents, should have clearly been able to prove once and for all to the world that he indeed had cured cancer, multiple sclerosis, and a myriad of other terrible medical conditions. Unfortunately, his image has not established that he can do anything remarkable, or indeed that he has been able to enable others to do the same.

This recent attempt to silence me was not the first time that a lawyer has tried to intervene on behalf of Adam McLeod and his parents. In the Spring of 2005, my U.S. based ISP was threatened because I actually had the balls to just discuss Adam Dreamhealer. Since the issue was one of the freedom of speech and opinion the issue went no further than a letter or two between myself and their attorney.

Over the years, Adam McLeod and his family has been clearly exposed in the media by journalists and scientific experts. Their claims have never been supported by science. Now, why is it that they have to raise the trademark again?

Is the Dreamhealer organization really afraid of this two-year-old blog?

Does it have something to do with the fact that it has taken them years to get their trademark recognized in the United States Patent and Trademark office? A visit to the web site of the USPTO will reveal when they originally applied for the trademark, and how many stumbling blocks and changes of lawyers that occurred.

When Dreamhealer initiated their "trademark" it was way back in February 2005. It was finally approved on July 24, 2007. At no time over the last 2 1/2 years is there any public record that they ever ask to register their name as a website with the USPTO. Now, isn't that odd? They hired various lawyers over the years who actualy asked that the name "Dreamhealer" be used for "pre-packaged, pre-recorded videotapes and DVD's featuring visualizations for self empowerment, lectures and workshops on healing, self-empowerment and wellness."

It may not be obvious to their new lawyer, who I had personally contacted in November 2006 when I heard him on the CBC discuss defamation on the internet, that their trademark in the U.S. in no way removes my right to operate a web site, blog, or even use the name dreamhealer. There is no confusion at all to anyone who can read English.

Nobody who does a Google search for Dreamhealer, could possibly be confused.

I suggest that the lawyer may want to ask Adam McLeod or his parents if they know who may be responsible for healthwatcher.wordpress.com

Anyone who needs to actually reach Adam McLeod and his family's web sites or blogs can link to one of the following:

Anyone who would like to leave their feedback please contact me.

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