[APD] Pets Warehouse is back?

["kevin d" <kevin_d789 at hotmail_com>]

Did anyone else catch this?

Pets Warehouse Announces Grand Re-Opening After Scoring Supreme Court 
Victory

Article Editor: Beverly West

NEW YORK, NY - October 5, 2004 /Send2Press Newswire/ -- Pets Warehouse 
(www.PetsWarehouse.com), an industry leader in online pet supplies since 
1997, today announced that it will re-launch its online store in the wake of 
an Alabama Supreme Court ruling which dismissed the frivolous case against 
Pets Warehouse Principal, Robert Novak.

The April 2002 case alleged that a chat room post was made on CompuServe's 
Aquaria/Fish Forum chat room, stating, "no lawyer worth his salt would do 
what you are doing, which is why a complaint is pending with your state 
bar." Although Benn could never identify the anonymous person making the 
statement, he falsely accused Novak in a complaint filed in Alabama. Novak 
immediately contested that Court's personal Jurisdiction. However, Benn, a 
private attorney, proceeded pro se before the Court and obtained a default 
judgment against Novak for $50,000. Novak filed an appeal in March 2003 and 
on April 2, 2004 the Appeals Court reversed the Lower Court and dismissed 
all of Benn's claims.

"I have always been confident that the Appellate Court would rule in my 
favor," said Novak. "The original court showed extreme bias in granting Benn 
most of his outlandish requests. I was railroaded for someone else's 
comments."

To make matters worse, Benn, rather than waiting for the appeal to be 
resolved, maliciously obtained a post-judgment order of execution to obtain 
the domain name PetsWarehouse.com and Novak's registered Trademark "Pets 
Warehouse®" That order was faxed to Tucows Inc., the ICANN registrar, who 
negligently accepted Benn's document on its face and "gave away" the domain 
PetsWarehouse.com to Benn. This action effectively put the Internet 
operations of PetsWarehouse.com out of business.

"To add insult to injury," said Novak; "Benn used my well-established domain 
to display a web page replete with false, defamatory and disparaging remarks 
which were discovered by Pets Warehouse's existing and prospective 
customers."

Pets Warehouse was established in 1974 and began an Online pet store in 
1997. Shortly thereafter, Pets Warehouse attained international recognition, 
and was named as the fourth most visited pet website in the world by NPD 
Research. The website received 14,000 - ­18,000 unique visitors per day 
prior to its transfer by Tucows.

Novak will seek legal representation to file suit seeking damages against 
Tucows and John Benn.

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