CurtisNeeley

Like a pauper!

I see there is a way.

Stay tuned!

To: cnovoa@edats.com; admin@edats.com; aibaugh@edats.com; jamadori@edats.com
Cc: inquiries@namemedia.com; Erik Zilinek; plamson@namemedia.com; Domains@Buydomains.Com
Subject: call us now to get eartheye.com
Ms. Novoa, Mr. Fragala, Mr. Amadori, Mr. Ibaugh, et al;

Cynthia you are the administrative contact and Derek is the technical contact for eartheye.com now. Each of you used your company email addresses in a haphazard way back in April 2009. I suppose after giving NameMedia so much more than eartheye was worth and reinforcing their inflated value, you did not wish to spend more money for name brokerage from the same company or another. You landed yourselves and Data Transfer Solutions as defendants in a lawsuit along with every officer of your company and every officer of NameMedia. 

Erik S. Zilinek wrote me and chose a lawsuit. I hope he did not think I would mistake WIPO to be a valid domain name dispute resolution process. It is just part of the way you all establish fictitious "real estate" values. I have not saved enough money yet to file in the Arkansas Western District of United States Court, but I will sue for many millions of dollars. I am considering allowing other firms to join me and perhaps even take the lead. Several have now asked and you will probably hear from one soon. Eventually neither of your companies and none of its officers who became wealthy using these malicious type actions will remain wealthy.

I hope I can scrape up enough money to file on my own. I suppose being a member of the CLASS ACTION suit they decide to do on their own will suffice. I doubt they will find a better case to represent the CLASS.

I am more than a little upset. I suppose this will all eventually be part of the evidence regarding my mental anguish. I struggle to type this with my one normal arm in a wheelchair or from a hospital bed. Something that might make it more interesting is starting to work toward their being a new law enacted. There needs to be a new law or a Supreme Court ruling that alters the domain name landscape. Funny thing is you must all feel that the "landscape" term even semi-applies. A domain name has no landscape. Domain names are not real estate. With the mortgage crisis affecting the nation and loan defaults etc., I feel it odd that so much fictitious "real estate" is being held at so high a fictitious value.

Perhaps your companies are related in some way? I will leave that for a discovery question. Did Erik S. Zilinek advise you in April that he and the NameMedia sales team were aware that the eartheye domain was the subject of an anticipated lawsuit before they sold a domain to you as a premium domain? Did he tell you that buying the "premium domain" meant you would also be sued? The placeholder page you are using while ransoming my domain looks pretty lame and has remained lame for several months. It will look much more like a legitimate use to the WIPO folks than the buydomains for-sale announcement was. Maybe you knew there was an interest in the domain by the PERSON who originally registered it? Did they advise you I was still interested?

NameMedia is not doing as well with sleepspot that they also stole from me while I was incapacitated. I will give you folks a bit of a clue about how it was once very valuable to me.

There was once even a copyright notice. NameMedia ignored that warning. Eartheye is copyrighted to me as well and I intend to bring a copyright violation TORT as well. Yes, Mr. Zilinek, I intend to sue NameMedia for their copyright violation as well. NameMedia or Erik has an attitude. This is not a THREAT of a TORT. THIS IS A PROMISE! I WIILL SUE EACH OF YOU ASAP! Counter sue your hearts out! I am just a man disabled in a wreck. Sleepspot has no value except for its place in the provenance of my art now and CIRS died in the same accident that took my mental agility, normal use of my left arm, and both of my legs. I wonder why NameMedia ransomed Sleepspot and Eartheye and left CurtisRes alone? The lawyers who are wanting to take over say that fact is an argument that will sustain NameMedia's claim that they did not target me specifically. We will see. My very rough draft of my lawsuit is on my BLOG. The BLOG's popularity was how I initially encountered NameMedia. A BLOG comment.

I planned to file suit in Fort Smith at the United States District Court for the Western District of Arkansas by the end of March. NameMedia unloaded the premium domain they were ransoming the next month. I did not sell enough art to allow me to pay the filing fees.

I formerly requested that BuyDomains allow me to have MY domain at cost. I now will require EDATS pay $200.00 via PayPal and transfer the domain to me. Otherwise, I will ask for significantly more. I welcome the opportunity to meet your attorneys in court in my wheelchair. I will appeal if I loose and start fighting this in the court of public opinion. I already am doing that. Court is expensive.

Maybe EDATS does not know they are ransoming a domain I originally copyrighted? I will contend that they were aware of it and simply desired to become the new kidnappers. Once you create a website and register it, your copyright of that is copyrighted whether you file it or not. In the same way photographs are copyrighted when the shutter is released. The domain expiry auction is where companies "bid" to kidnap a copyright? Supreme Court, here I come! There is the potential class that they will certify!

EDATS personnel I offer you the same offer currently as a chance for you to be removed from the lawsuit. Maybe NameMedia did not advise you the domain was the subject of a pending lawsuit? I will contend that they were aware of it and simply desired to become the new kidnappers? Maybe they will say that the Chief Financial Officer and the Lead Applications Officer were not "doing business as" Data Transfer Solutions when they took over kidnapping my domain name? Two company officers bought a ransomed domain and used their company emails and their companies name server without it being a company decision?

The first period is an IP beacon that I am tracking to record the IP of each person who reads this. Its also a link. Hmm periods can be clicked. It will not be on the BLOG. Too many IPs there to track. I will use those IPs to verify delivery. EDATS can consider this an offer to settle out of court. I am unsure why Erik thought a PDF was required. See the messages in them below. This is included as an attachment. I will send it as an attachment only after this.

I am more than a little upset,

Curtis J Neeley Jr, MFA

www.CurtisNeeley.com

XXXX Quality Ln, Ste XXX

Fayetteville, AR 72703

Voice: XXX-XXX-XXXX

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DISCLAIMER: Curtis Neeley suffers from a severe traumatic brain injury that impedes the way he communicates. He is often perceived as blunt, self-centered and rude. Although Curtis has a disability, he is determined to continue performing meaningful art.

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Erik S. Zilinek
Legal Counsel
NameMedia, Inc.
230 Third Avenue
Waltham, Massachusetts 02451
ezilinek@namemedia.com
T: (781) 839-2860
F: (781) 839-2801
January 30, 2009
VIA E-MAIL ONLY
Curtis J. Neeley, Jr., M.F.A.
d/b/a Curtis Neeley Photography
XXX Quality Lane, Suite xxx
Fayetteville, Arkansas 72703

Re: NameMedia, Inc. d/b/a BuyDomains.com: <eartheye.com>

Dear Mr. Neeley:

Reference is made to your recent correspondence to the executives of the wholly-owned BuyDomains.com subsidiary of NameMedia, Inc. (“NameMedia”) concerning the <eartheye.com> domain name registration. NameMedia and its subsidiaries register and offer for sale domain names that have expired and/or have become available to the public and they do so in good faith. NameMedia’s policy is to register and maintain only domain names that incorporate common acronyms, words, or phrases and/or descriptive terms for which the available evidence suggests no single party has exclusive rights.

Searches of the trademark databases maintained by the United States Patent and Trademark Office (the “USPTO”), the World Intellectual Property Organization (the “WIPO”) and the Office for Harmonization in the Internal Market (the “OHIM”) reveal neither your currently registered nor present application for an “earth eye” or “eartheye” trademark. Tribunals at the WIPO and the National Arbitration Forum (the “NAF”) have routinely recognized the principle that the Rules under a Uniform Domain-Name Dispute-Resolution Policy (“UDRP”)proceeding require that a domain name be identical or confusingly similar to a trademark in which a party has rights.

By contrast, in order for a party to bring a claim under the Anticybersquatting Consumer Protection Act (the “ACPA”), the party must not only own a trademark, but that mark must be either distinctive or famous. If you have evidence to suggest that you registered, or applied for

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an “earth eye” or “eartheye” trademark prior to NameMedia’s registration of the subject domain name, or if you have evidence of your trademark’s fame or distinctiveness, we will certainly consider such evidence. Without such evidence, however, a court will likely find that on July 2, 2003—more than five and half (5.5) years ago—NameMedia acquired the subject domain name in good faith and without notice of any competing claims when the previous registration lapsed.

Thus any assertion of bad faith at the time of NameMedia’s registration of the domain would likely fail because there is no evidence that your company is either well-known in NameMedia’s jurisdiction; well-known in a field in which NameMedia operates; or that the similarity between the <eartheye.com> domain name and your company name was deliberately created by NameMedia. Accordingly, it appears that there is no legal reason why NameMedia should not maintain its <eartheye.com> domain name registration should it choose to do so.

This letter is sent solely in the interest of promoting an amicable settlement of these matters and nothing contained herein should be construed or understood as an admission or waiver of any kind. NameMedia reserves all legal, equitable and administrative rights, remedies and defenses available and this letter is sent without waiver of any claims or counterclaims— including, but not limited to, defamation and tortious interference with business contracts—NameMedia has against you or any entities associated therewith. I remain at your disposal should you have any questions or additional legal concerns.

Sincerely,

Erik S. Zilinek

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Erik S. Zilinek
Legal Counsel
NameMedia, Inc.
230 Third Avenue
Waltham, MA 02451
ezilinek@namemedia.com
T: (781) 839-2860
F: (781) 839-2801

February 13, 2009
VIA E-MAIL ONLY

Curtis J. Neeley, Jr., M.F.A.
d/b/a Curtis Neeley Photography
XXXX N Quality Lane, Suite XXX
Fayetteville, Arkansas 72703
Re: NameMedia, Inc. d/b/a BuyDomains.com: <eartheye.com>

Dear Mr. Neeley:

Upon further consideration and review of the circumstances surrounding NameMedia’s registration and use of the subject domain name, NameMedia is maintaining its position as previously stated. NameMedia’s use of the domain name has been legitimate and proper and in no way impinges on your rights. Since NameMedia registered, and is using, the domain name in good faith, we consider that a tribunal would not preclude NameMedia from retaining or continuing to use the domain.

To that end, all potential buyers of domain names held by NameMedia are routinely referred to the Sales Team at its wholly-owned BuyDomains.com subsidiary. Our Sales Team has indicated that your offer of <ozarkphotos.net> in exchange for the subject domain name is not acceptable. If you would like to negotiate the sale of the domain further, please contact the Sales Team at BuyDomains.com.

This letter is sent solely in the interest of promoting an amicable settlement of this matter and nothing contained herein should be construed or understood as an admission or waiver of any kind. NameMedia reserves all legal, equitable and administrative rights, remedies and defenses available and this letter is sent without waiver of any claims or counterclaims NameMedia has

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against you client, or any entities or individuals associated therewith. I remain at your disposal should you have any questions or additional legal concerns.

Sincerely,

Erik S. Zilinek

-----Original Message-----
From: Jason Miner [mailto:domains@buydomains.com]
Sent: Monday, January 26, 2009 12:15 PM
To: curtis@curtisneeley.com
Subject: Winter Savings Event - get great savings on eartheye.com
Dear Curtis Neeley,

Let BuyDomains remind you that our Winter Savings Event will continue through January 31, 2009.
Spectacular discounts are available by calling our Domain Consultants at 866-846-5099 (US)
339-222-5121 (Worldwide).
These discounts do not appear on the BuyDomains website, so call us now to get eartheye.com or any other domain in our inventory!
Best wishes to a successful New Year!
Jason Miner
VP Sales
www.BuyDomains.com
jminer@buydomains.com
866-846-5099 (US)
339-222-5121 (Worldwide)