From:
viper007@live.com.au
To: sean@snakehandler.com.au
CC: elizabethm@dowsleyassociates.com.au; lukef@stentalegal.com.au
Subject: RE: Your unlawful harassment of myself, family and staff and other
illegal conduct
Date: Tue, 6 Aug 2013 09:55:06 +1030
Sean McCarthy,
Thank you for your email copied below.
Firstly, you have no right to tell me how to run my business.
My legal advice in the past says I am free to republish anything you send me! I understand that noting the illegal threats you made in your last e-mail, you may not want this conduct by yourself made widely known to the wider public.
Now, secondly in terms of registered trademarks and ownership, I suggest you contact a trademark lawyer who can explain what means what and the rights of trademark owners.
As some free legal advice to you (noting I am not a lawyer), I can tell you that the class assigned to a trademark is not the claim, rather it is the claim itself.
The words trademark “reptile parties” that I own (TM No. 1471562), specifically includes the permits you operate under, namely demonstrator’s and controllers. It even includes the use of tongs!
Therefore you have no authorisation to use the trademark term to engage in infringement and misleading and deceptive conduct.
In relation to the class 41 trademark “reptile parties”, I suggest you and your lawyers read the recent judgement in the Honest to Goodness V Woolworths case.
As a result, your claim that I have made a “false allegation of trademark infringement” is itself false and you have in fact infringed two registered trademarks and engaged in misleading and deceptive conduct in relation to both as well.
As the words ‘reptile parties’ has several potential meanings it is not generic, which is why it was registerable as a trademark. You should also be aware that I invented the idea of educational “reptile parties” decades before you lurched into the “reptile business” in 2005.
In future I suggest you trade under a name
that does not infringe a registered trademark.
I advised you previously that the words “I attack snakes with metal tongs” is
not yet registered as a trademark and I suggest you may wish to apply to
register it.
Finally, you have made false claims of myself stalking you and yet seen fit to send me two very threatening e-mails and without good cause. Please re-read this, my earlier e-mail of today’s date and my earlier “cease and desist” requests to you and from here on in, please cease and desist from your unlawful conduct that effects us.
YOURS FAITHFULLY
SNAKE MAN RAYMOND HOSER
Snakebustersâ - Australia's best reptilesâ
The only hands-on reptilesâ shows that lets people hold the animalsâ.
Reptile partiesâ, events, courses
Phones: 9812 3322
0412 777 211
CC:
elizabethm@dowsleyassociates.com.au
From: sean@snakehandler.com.au
Subject: Re: Your unlawful harassment of myself, family and staff and other
illegal conduct
Date: Tue, 6 Aug 2013 09:00:00 +1000
To: viper007@live.com.au
My request is that you remove your false allegation of trademark infringement, your trademark on the terms reptile parties is under class 44, this does not apply to the business I run, you are also aware the the logo reptile parties is trademarked under class 41, but it is a composite trademark and does not give you exclusive rights to the terms reptile parties in this class.
I also object to private materials being published on the Internet, you may not publish any aspect of this conversation in any form. You do not have my permission to disclose this to any other party save your legal representative.
Regards,
Sean McCarthy (B.Sc, Grad. Dip. Edu)
Director
Snakehandler Pty Ltd
(m) 0418 80 97 97
On 06/08/2013, at 8:35, Raymond Hoser - The Snakeman <viper007@live.com.au>
wrote:
Snakebustersâ - Australia's best reptilesâ
The only hands-on reptilesâ shows that lets people hold the animalsâ.
Reptile partiesâ, events, courses
Phones: 9812 3322
0412 777 211
Subject:
Harassment
From: sean@snakehandler.com.au
Date: Tue, 6 Aug 2013 07:06:46 +1000
CC: elizabethm@dowsleyassociates.com.au
To: viper007@live.com.au
Thank you for your e-mail Sean McCarthy of today, you being the man who likes to handle snakes with Tongs. This is my reply to you.
I should for the record, point out that it is you who continually stalks and harasses me, my staff and family, NOT the other way around. One need look no further than your unlawful sponsorship of the hate page “Ray Hoser, Melbourne’s biggest wanker” Facebook page and others like it, which are illegal for several reasons, or your associates acting at your behest, harassing our established clients, including attending displays for the express purpose of stealing animals, creating disturbances and criminal damage to property.
The fact of the matter is, I have owned registered and common-law trademarks since before you lurched into the “reptile business’ and declared war on my reputation and business, which you have continued unabated for 7 years now.
You were told to stop using my registered trademarks in any way, shape or form, or have others do so for you some years back and at least as far back as 23 March 2011, and you have continued to deliberately infringe them regularly and engage in the illegal act of misleading and deceptive conduct, with the sole aim of stealing our established clients.
The commencement of the business as “Snakehandler” was a direct assault on my “Snake Man” and “Snakebusters” trademarks, being a virtual hybrid of the two and deliberately designed to create confusion in the marketplace so that the business could gain my established clients in the state of confusion created.
Noting that your stated preferred handling method is metal tongs, it is even more outrageous that you market yourself to others as a snake handler and then (unsuccessfully) tried to monopolize and take ownership of the words “snakehandler” by applying to register the generic term (application number: 1415852) as a trademark.
As a result of your ongoing unlawful and criminal conduct and those working on your behalf in the past and your aggressive targeting of our clients using illegal methods, including via manufactured hatred and lies, misleading and deceptive conduct, trademark infringement, black hat SEO and the like, ourselves, people associated with us and our established clients do as a matter of course monitor the web for trademark infringement and the like regularly to ensure that problems are removed before they get out of hand. This is particularly in terms of internet and SEO, a practice you are familiar with as seen by your activities in the past and your own comments in relation to our trademarks on hate sites you have sponsored.
Therefore I had no choice but to have your trademark infringing post removed from Facebook as soon as I became aware of it in the last week. In terms of this action, there is nothing personal whatsoever involved and you can rest assured that anyone who uses or infringes our registered trademarks will be treated in the same way. For your benefit, I was advised of the infringement by a third party and not by going to your Facebook page of my own initial interest. I prefer to spend my time doing more productive pursuits! You should also be aware that we are aware of the use of attempts to mask trademark use and infringement by black hat SEO, IP Blocking, splitting trademarks, misspellings and the like, as you and associates have done in the past and such forms of infringement will be detected and dealt with appropriately.
You know what our registered trademarks are and you also know not to use or infringe them in any way!
You are a serial trouble maker and I do not take kindly to your unlawful threats against me including in your letter I am replying to. Be aware from here on in, that Facebook does police trademark infringement, a fact you were aware of after some of your favoured hate pages were removed some time ago and that you should not use Facebook or anywhere else as a platform to attack, use or infringe our registered trademarks or engage in misleading and deceptive conduct, as you have continued to do within the last week.
You are aware of the inherent safety risks involved in the potential diversion of our clients to your often illegal, extremely unsafe and relatively inexperienced displays, replete with misinformation on your part and this is further reason for us to protect the welfare of our clients and potential clients.
In summary, I suggest that from here on in, you conduct your activities ethically, stop making false and baseless complaints against me online, including by having other active Facebook accounts attacking me and attacks by your or agents elsewhere and make a point of not using or infringing any of our registered trademarks in future.
I will be posting this material online as a warning to other like-minded people.
You have been told by a County Court Judge to stop making improper attacks on our lawful business and to allow us to concentrate on what we do best, that being wildlife research, education and conservation. I repeat his advice here.
Yours Faithfully
The Snake Man, Raymond Hoser
To Mr.
Hoser
I have taken a screenshot of the complaint you lodged with Facebook, I am seeking
legal advice should you refuse to remove the complaint.
The demand is simple remove complaint number 486487964774579 or I will go to
the police and report you for cyber stalking and bullying. Contact Facebook
immediately and retract the statement as you were not the author of the text or
email sent to us.
I have blocked you for a reason, to stop the harassment.
Regards,
Sean McCarthy (B.Sc, Grad. Dip. Edu)
Director
Snakehandler Pty Ltd
(m) 0418 80 97 97
CC:
elizabethm@dowsleyassociates.com.au
From: sean@snakehandler.com.au
Subject: Re: Your unlawful harassment of myself, family and staff and other
illegal conduct
Date: Tue, 6 Aug 2013 09:00:00 +1000
To: viper007@live.com.au
My request is that you remove your false allegation of trademark infringement, your trademark on the terms reptile parties is under class 44, this does not apply to the business I run, you are also aware the the logo reptile parties is trademarked under class 41, but it is a composite trademark and does not give you exclusive rights to the terms reptile parties in this class.
I also object to private materials being published on the Internet, you may not publish any aspect of this conversation in any form. You do not have my permission to disclose this to any other party save your legal representative.
Regards,
Sean McCarthy (B.Sc, Grad. Dip. Edu)
Director
Snakehandler Pty Ltd
(m) 0418 80 97 97
On 06/08/2013, at 8:35, Raymond Hoser - The Snakeman <viper007@live.com.au>
wrote:
Snakebustersâ - Australia's best reptilesâ
The only hands-on reptilesâ shows that lets people hold the animalsâ.
Reptile partiesâ, events, courses
Phones: 9812 3322
0412 777 211
Subject:
Harassment
From: sean@snakehandler.com.au
Date: Tue, 6 Aug 2013 07:06:46 +1000
CC: elizabethm@dowsleyassociates.com.au
To: viper007@live.com.au
Thank you for your e-mail Sean McCarthy of today, you being the man who likes to handle snakes with Tongs. This is my reply to you.
I should for the record, point out that it is you who continually stalks and harasses me, my staff and family, NOT the other way around. One need look no further than your unlawful sponsorship of the hate page “Ray Hoser, Melbourne’s biggest wanker” Facebook page and others like it, which are illegal for several reasons, or your associates acting at your behest, harassing our established clients, including attending displays for the express purpose of stealing animals, creating disturbances and criminal damage to property.
The fact of the matter is, I have owned registered and common-law trademarks since before you lurched into the “reptile business’ and declared war on my reputation and business, which you have continued unabated for 7 years now.
You were told to stop using my registered trademarks in any way, shape or form, or have others do so for you some years back and at least as far back as 23 March 2011, and you have continued to deliberately infringe them regularly and engage in the illegal act of misleading and deceptive conduct, with the sole aim of stealing our established clients.
The commencement of the business as “Snakehandler” was a direct assault on my “Snake Man” and “Snakebusters” trademarks, being a virtual hybrid of the two and deliberately designed to create confusion in the marketplace so that the business could gain my established clients in the state of confusion created.
Noting that your stated preferred handling method is metal tongs, it is even more outrageous that you market yourself to others as a snake handler and then (unsuccessfully) tried to monopolize and take ownership of the words “snakehandler” by applying to register the generic term (application number: 1415852) as a trademark.
As a result of your ongoing unlawful and criminal conduct and those working on your behalf in the past and your aggressive targeting of our clients using illegal methods, including via manufactured hatred and lies, misleading and deceptive conduct, trademark infringement, black hat SEO and the like, ourselves, people associated with us and our established clients do as a matter of course monitor the web for trademark infringement and the like regularly to ensure that problems are removed before they get out of hand. This is particularly in terms of internet and SEO, a practice you are familiar with as seen by your activities in the past and your own comments in relation to our trademarks on hate sites you have sponsored.
Therefore I had no choice but to have your trademark infringing post removed from Facebook as soon as I became aware of it in the last week. In terms of this action, there is nothing personal whatsoever involved and you can rest assured that anyone who uses or infringes our registered trademarks will be treated in the same way. For your benefit, I was advised of the infringement by a third party and not by going to your Facebook page of my own initial interest. I prefer to spend my time doing more productive pursuits! You should also be aware that we are aware of the use of attempts to mask trademark use and infringement by black hat SEO, IP Blocking, splitting trademarks, misspellings and the like, as you and associates have done in the past and such forms of infringement will be detected and dealt with appropriately.
You know what our registered trademarks are and you also know not to use or infringe them in any way!
You are a serial trouble maker and I do not take kindly to your unlawful threats against me including in your letter I am replying to. Be aware from here on in, that Facebook does police trademark infringement, a fact you were aware of after some of your favoured hate pages were removed some time ago and that you should not use Facebook or anywhere else as a platform to attack, use or infringe our registered trademarks or engage in misleading and deceptive conduct, as you have continued to do within the last week.
You are aware of the inherent safety risks involved in the potential diversion of our clients to your often illegal, extremely unsafe and relatively inexperienced displays, replete with misinformation on your part and this is further reason for us to protect the welfare of our clients and potential clients.
In summary, I suggest that from here on in, you conduct your activities ethically, stop making false and baseless complaints against me online, including by having other active Facebook accounts attacking me and attacks by your or agents elsewhere and make a point of not using or infringing any of our registered trademarks in future.
I will be posting this material online as a warning to other like-minded people.
You have been told by a County Court Judge to stop making improper attacks on our lawful business and to allow us to concentrate on what we do best, that being wildlife research, education and conservation. I repeat his advice here.
Yours Faithfully
The Snake Man, Raymond Hoser
To Mr.
Hoser
I have taken a screenshot of the complaint you lodged with Facebook, I am
seeking legal advice should you refuse to remove the complaint.
The demand is simple remove complaint number 486487964774579 or I will go to
the police and report you for cyber stalking and bullying. Contact Facebook
immediately and retract the statement as you were not the author of the text or
email sent to us.
I have blocked you for a reason, to stop the harassment.
Regards,
Sean McCarthy (B.Sc, Grad. Dip. Edu)
Director
Snakehandler Pty Ltd
(m) 0418 80 97 97