Offices SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.
1300 WASHINGTON SQUARE 100 WASHINGTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401
TELEPHONE [removed by this forum]
TELECOPIER [Removed by this forum]
JOSIAH E BRILL, JR
JAMES R GREUPNER
GERALD S DUFFY
WOOD R FOSTER, JR
THOMAS H GOODMAN
JOHN S WATSON
WM CHRISTOPHER PENWELL
ANTHONY J GLEEKEL
SHERRI L ROHLF
JORDAN M LEWIS*
BRIAN E WEISBERG
STEVEN J WEINTRAUTM
JAMES A YAROSH
MICHAEL J VIOLA
JERRIE M HAYES
KRISTIN L KINGSBURY
Writer's E-Mail Address: [removed by this forum]
Writer's Voicemail Number: [removed by this forum]
January 30, 2007
Gailon Arthur Joy
[removed by this forum]
Sterling, MA 01564
VIA E-MAIL - [e-mail address removed by GM] and CERTIFIED / RETURN RECEIPT U.S. MAILNOTICE
Gailon Arthur Joy
[removed by this forum]
Sterling, MA 01564
CERTIFIED / RETURN RECEIPT U.S. MAILNOTICE:
This letter Constitutes a confidential legal communication, which is not for publication. The contents of this communication are subject to common law copyright and may not be reproduced, in whole or in part, in any form or media, without the express, written permission of the author.
Gailon Arthur Joy:
This law firm represents Mr. Danny Shelton and the Three Angels Broadcasting Network, Inc. ("3ABN"), which has informed us that you are involved in the use and exploitation of 3ABN's trademarked, copyrighted name in your website, "http://www.save3abn.com/." Use of 3ABN's name without our client's license or other authorization to do so constitutes an illegal misappropriation of the same, in violation of state and federal copyright and trademark laws. Additionally, use of the phrase "3ABN" in your domain name is likely to cause confusion among the public as to the source,
sponsorship or affiliation of your website, resulting in dilution of 3ABN's trademark, which is a separate and additional violation of federal law.
It has also come to our attention that you have inappropriately copied and posted a lengthy excerpt from a 3ABN broadcast on the website referred to above. This action constitutes a violation of 3ABN's exclusive copyright on all audio and video productions created by the Network and on all television transmissions of the same, and is a blatant violation of federal law. Moreover, the presence of this excerpted broadcast serves to heighten the likelihood that the public will be confused into believing that your website is somehow sponsored by or affiliated with 3ABN, which only furthers 3ABN's claim of trademark dilution.
Finally, we have been informed that you have maliciously published outrageous, highly damaging and defamatory statements about both Danny Shelton and 3ABN on this same website. These despicable statements include, but are not limited to:.
3ABN, through its board chairman has "admitted in writing that Danny [Shelton] had been involved in a cover up" of criminal conduct.
Danny Shelton knowingly lied regarding a feud between Tommy Shelton and Glenn Dryden.
3ABN directed an attorney to use "intimidation tactics to cover up allegations of child molestation".
Danny Shelton attempted to cover up and silence child molestation allegations.
Danny Shelton "abuses his power" and "steam roll[s] over alleged victims of his brother Tommy's sexual misconduct."(hereinafter the "Statements").
The obvious meaning of these horrendous falsehoods is that Danny Shelton and 3ABN participated in an orchestrated effort to cover up alleged criminal conduct. The actions you falsely attribute to our clients would be a crime and, as I am sure you are aware, false accusations of criminal conduct constitute defamation per se by you.
Therefore, on behalf of Three Angels Broadcasting Network and Mr. Danny Shelton, we hereby demand that you immediately cease and desist from the use of the domain name "save3ABN.com" and that you voluntarily surrender and transfer registration of the domain to 3ABN. You are also informed and hereby notified that you are not authorized to use and are, in fact, expressly prohibited from using, Three Angel [sic.] Broadcasting Network's name, or its trademarked nominer "3ABN" in any future website domain name or URL.
We hereby also demand that you immediately remove, from any and all websites to which you have author access, including "http://www.save3abn.com/," any recorded excerpts of any 3ABN broadcasts
We also hereby demand that you immediately cease and desist from the publication of false statements concerning Danny Shelton and 3ABN and that you immediately remove such statements from the "http://www.save3abn.com/" website. In the event that you receive any inquiries from any person or entity about the Statements, we demand you notify the inquiring party that you have been put on notice by Danny Shelton and 3ABN that the statements are false and defamatory.
While 3ABN is in no manner whatsoever beholden to explain itself to you, we proudly withstand the ongoing judgment of God and the continuing examination by our supporters and viewers. As evidenced both by the continued paths of ministry that God has opened at our feet and by the unwavering financial support and testimonials we receive from our supporters and viewers, we believe our ministry has more than satisfied the surveillance of both. Though it is a private enterprise, 3ABN has, for over 22 years, proudly engaged itself as a thoroughly transparent ministry, both in its message and administration. 3ABN has always invited the theological, operational, and financial scrutiny of its loyal and generous supporters and viewers. Unless constrained by legal obligations otherwise, 3ABN has provided financial and administrative information to inquiring parties and has opened its doors and offered access to independent auditors and investigative reporters. More than ever, we stand behind the legal propriety, moral correctness, intellectual honesty, financial soundness, and operational appropriateness of each and every business decision 3ABN has ever made.
As part of its commitment to passionately and effectively spread the Gospel and Good News of the Lord, 3ABN has always welcomed honest feedback, constructive criticism, and suggestions for improvement of the ministry. But its Christian commitment to the Truth will not allow 3ABN to tolerate factually unfounded allegations of impropriety, baseless and prurient gossip, inflammatory innuendo, and unjustified attacks on the organization. 3ABN does not approach such assaults as an objective effort to unmask "truth," but as the divisive and destructive work of the Enemy designed to hinder and frustrate God's work. 3ABN will not quietly resign itself to any effort to obstruct God's message.
Your reckless, willful and malicious activity must cease immediately; you proceed at your own peril. Moreover, your compliance with the demands contained in this letter does not constitute a waiver, relinquishment or abandonment of any right to remedy or enforcement, either legal or equitable, to which our clients are otherwise entitled.
Yours very truly,
Gerald S. Duffy
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