Re: [APD] Pets Warehouse is back?

["Justin Collins" <2flyingmonkeys at comcast_net>]

Why do I get the feeling that this may not have been published in the 
Washington Post...?

Justin Collins

----- Original Message ----- 
From: "kevin d" <kevin_d789 at hotmail_com>
To: <aquatic-plants at actwin_com>
Sent: Wednesday, October 06, 2004 8:37 PM
Subject: [APD] Pets Warehouse is back?


> 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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