Cease And Desist Using The Word Orgonite

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Karl Welz

Karl Welz is such a loser and a poor sport going after me and my little website https://www.ultimatevision.us .

He isn’t even man enough to e-mail me, but has to use some Attorney to do his dirty work.

I have one answer to give Karl and that is I’ve been using the word Orgonite long before you decided to Trademark it. I’ll keep you posted if I get a reply back from his attorney.

SECOND NOTICE OF TRADEMARK INFRINGEMENT

06/29/2009

United Online Web Services, Inc.

Legal Department
P.O. Box 1269

Renton, WA 98057

UNITED STATES
email: [email protected]

United Online Web Services, Inc.:

I, the undersigned, state UNDER PENALTY OF PERJURY that:

  • I am an agent authorized to act on behalf of the owner,
    of certain intellectual property rights (“IP Owner”);
  • I have a good faith belief that the listings identified below (by url, etc.)
    offer items or contain materials that are not authorized by the
    IP Owner, its agent, or the law, and therefore infringe the IP Owner’s
    rights; and
  • The information in this notice is accurate.
    -Please act expeditiously to remove the listings identified in the addendum.

Pursuant to the case ruling in Gucci v. Mindspring, hosting companies are liable for the illegal conduct of their webmaster clients, where they have received legally adeqate notice of such activity. In Gucci v. Mindspring, owner of the GUCCI trademark, sued defendant Mindspring Enterprises, Inc. (“Mindspring”) for direct and contributory trademark infringement arising out of Mindspring’s provision of ISP to codefendant Hall & Associates (“Hall”). Plaintiff notified Mindspring twice via email that Hall was using Mindspring’s services to host a website advertising the sale of infringing goods. When Mindspring failed to remove the infringing website, Gucci recovered quite significant damages from Mindspring due to its of its persistant, willful, and intentional infringement of the GUCCI® mark. As in the case of Gucci v. Mindspring, United Online Web Services, Inc. hosting company may certainly be held liable for contributing to these these violations; if they persist after you have being issued legally adequate notice.

Furthuremore, just as the case of Gucci v. Mindspring, this is the second notice that your hosting company has recieved regarding this violation of the Trademark Statute. Please note that if these violations of the Trademark Statute persist, we do intend and plan to press charges, and to persue litigation against your hosting company. In compliance with the Trademark Statute, notice of these infringements must be issued before litigation can be initiated against your hosting company. Since there is a likelihood of engaging your hosting company in Intellectual Property litigaton proceedings, we suggest that you immediately seek that advise of your attorney. This letter is intended to notify United Online Web Services, Inc. hosting company that these violations are occurring on at least one the following servers: ns3.freeservers.com, ns4.freeservers.com. To most carefully preclude litigation against your hosting company, please ensure that the webmasters of https://www.ultimatevision.us immediately seize and desist from infringing upon the trademarks indicated in this notice (“Orgonite®”) on each and every page of this website where it is being used in connection to the sales of their products. Please feel free to forward this message to your attorney for advise. Your attorney may also contact me via email, if you are interested in settling this matter amicably.

Addendum
Reason: Trademark owner doesn’t make this type of product.

Works Infringed:

  1. “Orgonite” Serial Number 78342280 Registration Number 3033236 Registration Date December 20, 2005

To confirm this trademark ownership with the U.S. Patent and Trademark Office, please do the following:

  1. Using the following link : https://www.uspto.gov/main/trademarks.htm
  2. Click on the “Search” link (in the upper right portion of the page)
  3. Then, click on the top link: “New User Form Search (Basic)”
  4. Finally, enter the following search term: “Orgonite”

Item url: https://www.ultimatevision.us/

Sincerely yours,
David Powell

From the Trademark website :

Word Mark ORGONITE
Goods and Services IC 009. US 021 023 026 036 038. G & S: psychic energy magnets. FIRST USE: 19950103. FIRST USE IN COMMERCE: 19950103
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78342280
Filing Date December 17, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Supplemental Register Date April 6, 2005
Registration Number 3033236
Registration Date December 20, 2005
Owner (REGISTRANT) Welz, Karl, H. INDIVIDUAL UNITED STATES 118 Aucilla Lane Woodstock GEORGIA 30188
Attorney of Record CHRISTOPHER J. DAY
Type of Mark TRADEMARK
Register SUPPLEMENTAL
Live/Dead Indicator LIVE

Someone in Georgia please go Gift his place,
Welz, Karl, H. 118 Aucilla Lane Woodstock GEORGIA 30188

Prayers Answered ! Karl Welz’s place in Woodstock has been Gifted and so has this massive death tower array down the street from his place. [Image Can Not Be Found];

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So, you are calling the man that invented the orgonite device, and came up with the catchy name, a looser?
He has apparently been in business with the stuff since '95 and he got around to filing for his trademark Dec, 2003. That’s a few years after Mr. Don Croft got into this energy work according to “the Adventures of Don and Carol Croft”. Welz prolly noticed his product name was getting used with some frequency connected to devices that he didn’t make by 2003. Also he claims that Croft style orgonite doesn’t turn DOR into positive orgone….so he’s a possible agent?
Anyway, what do you care what the devices are called? It’s what they do that matters.
They singled you out. That is supposed to be a confirmation in this twisted world where the ether doesn’t officially exist, and where towers, cameras, and anomalous “clouds” everywhere are no big deal.

Yeh, it’s a confirmation that I am a #[email protected] ass . [Image Can Not Be Found] I sell aluminum shavings and crystals, which
makes me a target. One of my customers probably busted a very nasty piece of their DOR producing equipment and the losers were sitting around and came up with the bright idea that they would sick their man Karl Welz on me to get even or shut me down. I’m soooooooooooo scared. [Image Can Not Be Found]

Karlz Welz is still a loser for trying to own the term Orgonite and profit from it.

Remember when WindSurfers were invented back in the late 70’s ?

Well, there was a Windsurfer company that tried UNSUCCESSFULLY to enforce the trademark, because the growth in the sport became so large that everyone was calling the surfboard’s with a sail and boom Windsurfers when there were many other makes available, but the public still called all of the different makes and models windsurfers
It’s the same thing with Orgonite. It’s generic for objects that give off life force.
Karl Welz uses the same basic ingrediants as we do when we’re making tower busters.

Karl looks frail and ill, so whatever life force he gives off isn’t working for him anyway.
Orgonite is here to stay and even though Karl may own the trademark that doesn’t mean squat in the long run.

Now, if Karl were to be a real human then I would give him credit and respect, but for now he gets neither from me.
Why do you think Karl is so against what we’re doing with making Orgonite ?

Eric

More Spurious Allegations and Threats from Karl Welz’s Attorney.

Eric, we have no evidence that what you are saying is true. You have been formally asked to stop using this trademark. Your lack of cooperation is blatant defiance and sheer disregard for the US Federal Law. To avoid serious consequences against you, I stongly suggest that you stop using this Orgonite trademark. it is not in your best interest nor is it worth it for you. Even if you are abe to furnish this evidence in Federal Court, I am not convinced that it gives you the right to use the trademark owned by another. It is in your overall best interest to immediately seize and disist from using the term Orgonite in connection with your sales. The best way for you to protect your interests overall is to stop using it. We have every right to utilize litigation against you as a means of enforcing the law. Please note that further action may be taken against you, if you continue to encroach upon our intellectual property interests. If we do not receive notice that you have cooperated in this matter within 7 business days, then further action will be initiated against you and your company at that point.

Sincerely yours,
David Powell

[Image Can Not Be Found] and Awe [Image Can Not Be Found]

I think David Powell is just a customer service rep at United Online Webservices and my hosting company freeservers.com helping Karl go after me for using the word Orgonite !

Kal is up to his old tricks again .

Karl Welz’s telephone number 770-924-0223

Karl’s e-mail [email protected]

A little snooping goes along way when someone is trying to mess with you.

Karl you cheap SOB, use some $$$ and suit me if you think you have standing and not some service rep to try and scare me.

Eric

i wonder if Welz will back down? If he pushes the issue, your tactic of moving the site out of the country could work. Maybe he doesn’t have an international trademark.
Your windsurfer example shows my point pretty well. Mr. Hoyle Schweitzer patented the windsurfer and prolly trademarked the name in the early 70’s. He didn’t really invent the concept, he just developed the “u joint” and came up with a decent board sail combo. He did patent it and come up with the catchy name though. All the big companies that made the boards without paying royalties were made to pay up, and they didn’t use the word windsurfer in their printed ads. People said the word windsurfer in conversation, but all the print was careful not to use the word. People actually had to invent the word boardsailing to describe the sport. Most of us didn’t say boardsailing in conversation tho. The patent has run out now and i am not sure if the company is still in business, so the word windsurfer is used more freely.
Look at the Kleenex example. Everyone says it, but if a tissue company put up a web site that said they sold Kleenex would they be contacted by a lawyer?

There seem to be 3 ways that i have seen to deal with the issue on a website, other than moving to France.

  1. just put the word orgonite on your site without dealing with trademark law.
  2. Avoid putting the word orgonite on your site. (as DB does)
  3. Put the word orgonite® on your site with an explanation that the word is trademarked by Karl Welz, bla.bla bla.
    This writing is just say it seems like Welz has the legal right to keep other companies from infringing on his trademark. There could be an amicable solution, but your stance appears to be fairly aggressive. Granted we did have a good laugh at Welz’s site when we first started to pour the orgone devices. It’s all… i invented this and so on…

Ah yes, let’s see a Mister Karl Welz…Upon extremely close examination with an electron microscope that once we get past all the atoms I find there is only ‘empty space’ (residual self image) and therefore he has no ground to make any complaints regarding orgonite or anything else for that matter. Maybe he is just waking up and up and wants a little attention. Might I suggest he makes a couple of dozen towerbusters, nail all the towers in his vicinity and join an orgonite forum to report his results.

But in all seriousness, over the years I have found the same recurring theme whenever someone makes negative statements about orgonite: that is, they have never made any and never field tested it for themselves! They are just nay sayers and maybe Mr. Welz isn’t getting any action from his version of orgone energy and just wants to make waves with others who are. Nevertheless, if he was behaving accordingly, he would be a good advocate or ally and wish everyone else well.

I will be glad to send him a free HHG that will knock his socks off if he sends me his mailing address. FEEL THE POWER OF THIS THROUGH YOUR PCs!

Louis

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