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 none of NameMedia's officers who became wealthy using these malicious type actions will remain wealthy.

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.

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 common law trademarked to me as well and I intend to bring a copyright/trademark violation TORT as well. Yes, Mr. Zilinek, I intend to sue NameMedia for their violation.

1997, 1998, 1999, 2000, 2001, 2002,

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

----------------------------------------------------------------------------------------------------------------------------------

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

Page 2 of 2

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

Page 1 of 2

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

Page 2 of 2

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 that helped recover my memories-----
From: Jason Miner [mailto:domains@buydomains.com]
Sent: Monday, January 26, 2009 12:15 PM
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)