Legal Challenges issued to Mind-Brain.com; Forced to Change Domain Name by Dec 02 Options

[Unknown]

[dohtml]

<font color=fa0000><b>please note: &nbsp; effective dec. 02, 2004, mind-brain.com will be forced to change its domain name

and switch servers due to legal challenges issued by the <a href=http://webapps.jhu.edu/jhuniverse/information_about_hopkins/about_jhu/principal_administrative_officers_and_deans/index.cfm><font color=a30000><b><u><big><big>johns hopkins university</u></b></big></big></font></a> over use of the 'mind-brain.com' domain.

additional information regarding the new domain name will be posted as soon as it becomes available. </b></font>

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[/dohtml]

[Rick]

I searched the johns hopkins site on the string "mind-brain" and came up with their "mind/brain institute" (http://www.mb.jhu.edu/). It seems to me that you have prior use of "mind-brain." Any chance that you can call their legal bluff?

[Unknown]

No. I know the current owners of Mind-Brain.com can win the legal fight over use of the domain name, but it seems hopkins has other means to get what it wants even if it has no legal right to it.

[Robert the Bruce]

My older brother is an expert in winning trade, copyright and fair use attempts by those who infringe. I am pretty sure that if you can establish prior use you can in fact sue them and win very easily - any copyright lawyer will gladly handle it on contingency.

[Unknown]

The problem I think is that Shawn, the principal owner of the site and domain name, Mind-Brain.com, is financially dependent on Johns Hopkins, and they are threatening to cut him off if he does not comply with their "request" for the domain.

[Dan]

doesn't Shawn own other mind-brain domains, like .org?

[Unknown]

[Unknown]

[Robert the Bruce]

Then you would have a certain slam dunk - especially if it is shown they have been hacking this site as well. To have it in writing that they wish the use of the domain name (which my brother has to spend huge sums to protect all variations of his names and trademarks) and then to have them cut him off would ensure a huge settlement and they would be forced to put him back in his prior position and never phuck with him again.

The fact that they are a huge institution actually improves Sean's position when it comes to getting a contingency lawyer.

It is a legal bluff as Rick says and they will back down real fast and pay up or settle pronto - it is a slam dunk!

[Unknown]

RTB, are there precedents for the sort of action you're recommending?

[Robert the Bruce]

Absolutely.

Prior use in the same area as this is does not even likely require that Shawn has registered the name or bought the domain. It is a very publicly used name of his and has been - so it is easily established. If it was someone wanting to use it in another jurisdiction and they registered first then it might be different. In this case they may try to assert that any intellectual product of Shawn's is theirs - if they are paying him. But if the contract does not say that - they are just being pricks and deserve to pay up BIG TIME!

My father was let go from Honeywell due to age and they not only had to take him back but when he reached retirement age a decade later they wanted to keep him on another year - he had the physical and passed but died as I predicted he would two weeks later.


I could talk to my brother but he is suing lawyers (now going on for 20 years) who screwed up. They are having to pay his lawyers fees as it goes because sufficient proof is established and it is just a matter of proving damages. He has collected settlements from Hearst, Simon & Schuster, Pac Bell and many others.

If you have registered the name there is a statute amount that is a minimum and that was $200,000 (if memory serves) about a decade ago when we were working together on such things, that led to him getting seven figures. The .org sounds like it is registered too.

[Unknown]

[Unknown]

[Unknown]

All people who feel this is an injustice, as I do, are encouraged to follow the hopkins link above and tell them what you think about their actions, either through email or phone. This is the only way to let them know how absurd their claim to the 'mind-brain.com' domain is.

[Rick]

Do not follow advice from an unknown. It may be a trick to harm Shawn's credibility.

[Unknown]

oftentimes people can speak freely only as Unknowns, Rick

[Rick]

People with something to hide, such as a lack of good intention.

[Unknown]

sometimes there are consequences for speaking through your real identity. Nonetheless, it is important to get the information out. People should know what is going on. This whole domain issue disgusts me, yet my hands are bound, in a way. And so I pass it on to others so that hopefully they may influence the outcome of things.

[Rick]

[Unknown]

To be clear, Johns Hopkins does not have any legitimate legal claim over the 'mind-brain.com' domain, yet because the owners of the Mind-Brain.com site and domain are financially dependent on Johns Hopkins, they have little choice but to comply with their "request" for the domain. I put quotes around "request" because it was not really a request. It was a threat. Apparently, some people in power think they can get away with blatantly abusing their power. Regardless of whether they get away with it or not, at least the general public should know about the sort of abuse that goes on there.

[Unknown]

[Robert the Bruce]

A letter from a lawyer might do the trick but cost money - a good lawyer willing to handle the case who is familiar with copyright law (and there are only a few really good ones - but this is an easy case if you have definite prior use) will want you to let them settle it for you and you will pay nothing - because it is contingency.

Letting them push you around won't help if you do they they will push more - their real motives may not be clear as yet - and you should make sure this is legally handled so they can't phuck with you some more later.

[Unknown]

[Unknown]

and regardless of whether this is an isolated incident or not, it is still an injustice. The question is, whether you can live your life knowing that you stood by and let a blatant injustice befall you, or do something about the injustice at the cost of incurring other damages.

[Rick]

The name recognition that has been built up on "mind-brain" has value. The time and effort in building that value should be fought for. My concern is that if a large number of partisans contact or harrass Johns Hopkins there could be unintended consequences. I would think this out carefully.

[Unknown]

what sort of consequences? I'm just an Unknown who is informing the public about events it has a right to be aware of. If Hopkins is embarrassed by their actions, then they can only blame themselves. They should know what other people think of the BS they are pulling.

[Unknown]

In fact, I think some of the major newspapers should probably be contacted about this incident. Only when people are aware of the injustices that are going on can they be corrected.

[Rick]

First, Hopkins might suspect, rightly or wrongly, that Shawn was behind any email or letter campaign. Second, other individuals may do obnoxious things in other ways that Shawn might take the blame for. Be careful.

Suggestion: there probably exist several benign possibilities. First, it may simply blow over. They may just forget about it, with no need for action.

Second, the benign alternative might be assisted by asking for a formal request and then the request will be happily complied with. A large bureaurocracy may find it difficult or expensive to generate a formal written request, signed by lawyers and all that.

Third, if they are told that compliance is in work, but later there are delays, and there is a need for documentation of the request, etc. (stonewalling), Hopkins may just fade out on this one.

[Unknown]

Shawn is not the only person involved with this site. Thus, nothing posted on this site can necessarily be pinned on him. Many individuals have invested in this site. Many individuals have contributed their time and effort. Now, Hopkins wants to take that away. It's not their right.

[Robert the Bruce]

Rick is right.

Do not go off half-cocked and expose yourself to libel or other suits. Get a lawyer - on contingency and they will know he won't disappear.

My asistant had a situation with people in the university he attended that involved them planting drugs in his room - the whole student body was willing to go on strike. He chose not to put them through it. You have a career at stake - and you are going to get heat if you tell truth - a fact of life. Thus you need to have this established legally so they cannot screw with you more later.