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This Letter In Response To A Cease And Desist Order Is Pretty Amazing
uproxx.com ^ | 6-18-2013 | Ashley Burns

Posted on 06/19/2013 9:07:57 AM PDT by servo1969

Average citizen Jake Freivald lives in West Orange, New Jersey and is the owner of the web domain, westorange.info. It is a bare bones site that provides basic information about his town, and there’s probably no chance in heck that anyone who would happen to visit might confuse it with the official West Orange website that looks like this. Again, look at Jake’s website and then look at the township’s site and ask yourself if you’d ever think that the former could be confused with the latter.

Apparently someone in the West Orange government believes that Jake’s website is actually causing confusion, so the township’s attorney, Richard D.Trenk, fired off a cease and desist to Jake with a bunch of fancy, big city legal terms.

Dear Mr. Freivald:

I am the Township Attorney for the Township of West Orange (“Township”). It has come to our attention that, on or about May 13, 2013, you registered and began to use the domain name “westorange.info” (the “Info Domain”). The Township interprets this action as an effort by you to confuse and conflate the Township’s official domain name and Web site with the Info Domain that you maintain.

The use of the Township’s name is unauthorized and is likely to cause confustion [sic], mistake or to deceive the public and may be a violation of the Township’s federally protected rights. The Info Domain falsely creates the impression that the Township is associated or affiliated with the Info Domain. At a minimum, this action has been taken with constructive knowledge of the Township’s name and Web site, and constitutes bad faith use of the Info Domain.

Accordingly, the Township demands that you cease and desist from use, ownership and maintenance of the Info Domain. The Township further demands that, within ten (10) days, the Info Domain be withdrawn from the current registrar, and that you cease all current and future use of the Info Domain, or anything else confusingly similar thereto.

The Township reserves all rights and remedies.

Please be guided accordingly.

Very truly yours,

Richard D. Trenk, Township Attorney

Now, I can’t speak for Jake or anyone else, for that matter, but any time I get anything even remotely legal in the mail, I freak out and curl up in a ball under my bed, praying for the bad men to go away. Jake, however, forwarded the letter to his own attorney, Stephen Kaplitt, who wrote what might be considered one of the most incredible and downright ballsy responses to any letter, let alone a cease and desist. Enjoy…

Stephen Kaplitt: Cease and Desist Response Letter



TOPICS: Business/Economy; Computers/Internet; Humor; Local News; Society; Weird Stuff
KEYWORDS: government; lawyer; letter; newjersey; website; westorange

1 posted on 06/19/2013 9:07:57 AM PDT by servo1969
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To: servo1969
re Jack's site:
Resource Limit Is Reached

The website is temporarily unable to service your request as it exceeded resource limit. Please try again later.


2 posted on 06/19/2013 9:11:38 AM PDT by schm0e ("we are in the midst of a coup.")
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To: servo1969

Could you paste the text. I can’t open that site...


3 posted on 06/19/2013 9:13:39 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: servo1969

That is hilarious!


4 posted on 06/19/2013 9:14:16 AM PDT by Lancey Howard
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To: cuban leaf

The link from the article is a little funky.

Just go strait to the site:

http://westorange.info/

and compare it to the Government’s site:

http://www.westorange.org/


5 posted on 06/19/2013 9:18:05 AM PDT by servo1969
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To: schm0e
Resource Limit Is Reached

What didya expect for $3.17?

6 posted on 06/19/2013 9:18:23 AM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: servo1969

Steven Kaplitt is the type of attorney I’d like working for me...if I needed one.


7 posted on 06/19/2013 9:19:19 AM PDT by Portcall24
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To: servo1969
I think a duel to settle this, would be apropos.


8 posted on 06/19/2013 9:23:10 AM PDT by Daffynition (Stand Your Ground)
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To: servo1969

Bravo!


9 posted on 06/19/2013 9:29:16 AM PDT by grobdriver
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To: servo1969

me so confusted.


10 posted on 06/19/2013 9:33:51 AM PDT by NCcatdaddy
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To: servo1969

Outstanding letter ... until I got to the part about sending $100 to the ACLU.


11 posted on 06/19/2013 9:37:02 AM PDT by oh8eleven (RVN '67-'68)
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To: Portcall24

The nicest compliment about attorneys is they are fearless in their guile. They rarely are intimidated by each other.


12 posted on 06/19/2013 9:38:57 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: Portcall24

“Steven Kaplitt is the type of attorney I’d like working for me...if I needed one.”

Indeed, this man brings some degree of honor back to the profession...but much more needs to be done given that Obama and the Clintons and most of our congresscritters (emphasis on CRITTERs) are attorneys.

We need to clone him, and again, and again.


13 posted on 06/19/2013 9:41:15 AM PDT by Da Coyote
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To: servo1969
Accordingly, the Township demands that you cease and desist from use, ownership and maintenance of the Info Domain.

Stupid shyster lawyer. Let them sue. They don't have the rule of law on their side.

14 posted on 06/19/2013 9:41:36 AM PDT by Bloody Sam Roberts (Tactical Awareness. Use your brain. Then bring the pain.)
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To: Mrs. B.S. Roberts; CaptainAmiigaf

“Best post of the day” ping.


15 posted on 06/19/2013 9:46:58 AM PDT by Bloody Sam Roberts (Tactical Awareness. Use your brain. Then bring the pain.)
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To: servo1969

bookmark


16 posted on 06/19/2013 9:49:55 AM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: schm0e

bkmk


17 posted on 06/19/2013 9:53:55 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: Louis Foxwell

Do you think that is a learned trait or hereditary?


18 posted on 06/19/2013 10:04:05 AM PDT by Portcall24
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To: Bloody Sam Roberts
Stupid shyster lawyer. Let them sue. They don't have the rule of law on their side.

They never intend to win in a court. They use your tax money to tie you up in lawyer bills and drag things on for years until you give up due to the continued drain on your wallet. It's what lawyers do.

19 posted on 06/19/2013 10:07:00 AM PDT by VRWCarea51
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To: servo1969

Maybe West Orange is afraid the people may get real, usable information from Jake’s site. Wouldn’t want the sheeple to have real, actionable intelligence, eh?


20 posted on 06/19/2013 10:15:15 AM PDT by jeffc (The U.S. media are our enemy)
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To: servo1969

Not only is Mr. Steven Kaplitt an extraordinarily good attorney, he also has a keen sense for executing a brilliant no-cost marketing strategy for his talents.


21 posted on 06/19/2013 10:27:17 AM PDT by nesnah
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To: servo1969
Be stil,l my heart.
22 posted on 06/19/2013 10:28:29 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: servo1969

After doing a quick scan of Jack’s site I’m pretty sure there is some info on there that is upsetting the tax men of West Orange, NJ.


23 posted on 06/19/2013 10:34:40 AM PDT by rocksblues (The Obama administration the most unlawful, corrupt administration in US history.)
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To: All

I wonder why they don’t use the usual city/town “.gov” URL?

Their sister city(?) of East Orange does -

http://www.eastorange-nj.gov/


24 posted on 06/19/2013 10:38:35 AM PDT by az_gila
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To: servo1969

I think Mr Kaplitt, Esq has successfully cleared any confustion.


25 posted on 06/19/2013 1:08:21 PM PDT by JRios1968 (I'm guttery and trashy, with a hint of lemon. - Laz)
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To: 21stCenturion

...


26 posted on 06/19/2013 4:44:31 PM PDT by 21stCenturion ("It's the Judges, Stupid !")
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To: Portcall24

Ahh.
Nature or nurture. An excellent observation.
I suspect there are a host of professionals who are imbued with the same character traits. Ministers come to mind. As do true believers who will dismiss all but their narrow vision of righteousness. Perhaps that is what we are seeing in this thread.
As to a genetic disposition to guile and fearlessness, that is above my pay grade.


27 posted on 06/19/2013 5:05:52 PM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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