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<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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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?

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.

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.

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.

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

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!

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

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.

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.

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

oftentimes people can speak freely only as Unknowns, Rick

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Rick is also right about the name having value - and they should pay you for the rights to use it if you want to let them.

any good lawyers you can recommend, RTB?



Btw, this is a link to major newspapers and what not, just in case:
http://www.mediawhoresonline.com/contactinfo.htm

I have a call in to my brother and he may have a Washington area attorney that he pays - but you should not be paying for a lawyer in this case.

There are books that list all lawyers - is it Hubble and something (I forget).


Unfair dismissal lawyers may be good too - because the real threat here has to do with the on-going potential of financial retributions. They advertise big time in the Yellow Pages.

BTW - your question suggests there is such a thing as a 'good lawyer' - not likely. And you really want a lawyer who will go for the throat because they will protect your rights and this is (I suspect) just the start of things for you. SO get in a position where you can't be 'handled' like Jacquetta Hawkes did in archaeology.

Srew Hopins: Ain't it just so typical some brain-drain digresses Steven and Silkes mind-brain infancy, claiming sancity as sactimony, seeking alimony for matramony in mantramoning it mine mummy under a brainless constitution which flogs all our worlds and art to death along with it stupidity.

THis Ozzie's Constitutional Suppositions of Justice

Yesterday: All bullshit just happened
Today: Still bullshit happens
Tomorrow: More bullshit just waiting to happen

Result: Deal it or Deal with it, never deal in it?

Jasper :with only love for this Mind-Brain as John Hopins is only dead men talking the proverial as always. And I see we still live in a Feudal system where the patriachal church fathers are burning or buggerising its own withches at the "have a say as her-esy because his just-ice says"!
Get a sex change operation Hopkins as you penis is up you own constitution here.
Now bugger off and leave this site 'as is', 'not as if' you scientific misnomeanatic reductionist!
Or I'll come to you vegetable patch and Karl Popper the pin to peel it life support onion also!

Promise, not theat: as this OZZIE ain't your Peter Singer who's cowardice deals only with echoes of a dead humanity walking?

If you'd like my private home address, just ask or simply show up and I'll give that to you also instead of hacking my computer like a coward also!

My appology to anyone at MIND_BRAIN who knows these statements are for it and not against it?

Love Jasper

My brother says that internet usages are under trademark protection. He suggests that JHU may have a registered trademark in process for Mind-Brain or Mind Brain and we talked about your prior use. They would not be entitled to prevent your use and they would have to pay you to stop it even if that were the case. It takes years to establish registered trademark value that can adversely impact prior use.

He agreed that employment rights or unfair dismissal may have application and he warned against just any lawyer handling it - but if you have a big foirm that goes to court frequently and does not just settle cases you would be on the right track.

He suggested you can register the whole name Mind-Brain.com for about $100. on your own and USPTO or .gov will be a user friendly site to go through and check to see if they are already in possession of the name or it is in process.

I checked it out. JHU doesn't have a registered trademark in process for Mind-Brain or Mind Brain.

Then they have nothing but bluff and your lawyer will eat them for dinner.

if Johns Hopkins thinks they can win this one, they are sadly mistaken and are underestimating the power of the internet and of, as trite as it sounds, human determination.

We have a month to make things happen. Let us see how much power we, the people, wield.

How much will it cost to fight. Can we have a whip round? What's your PayPal account email Shawn. Just say you'll fight and I'll send. AND SO WILL JASPER!!! Every dollar counts.

This site is so important and getting more so. It should be nurtured not knackered. The brains need to use their minds. Perhaps they could loan a few from members of the forum. Prior art exceeds old fart!!!

Please can I ask that the salient points and FACTS are listed here clearly so that we can all quickly and easily assimilate and estimate the chances.

Support from here Shawn.

Sorry not logged in (TAFKAHH).

Forgot... Maybe Shawn also has the problem that he has to work with some of the guys in the dispute. So not just a university issue but a personal day to day issue. This is difficult and it is hard to be amid bad feelings. But strong scientists have to stick up for themselves. It will be better in the long run. You will be seen as a force to be reckoned with. It might HELP you career..... so long as you are legally right(?!). Save the little guys. Help them get bigger. We need this forum. We want to keep the name!

TAFKAHH
ps just for info, there is a brain-mind.com and as it says:

Brain-Mind.com was officially launched on 4/1/2000. As of 4/1/2003, there have been 18,231,421 page requests, and 881,874 Megabytes of data transferred and downloaded by viewers. BrainMind.com receives over 25,000 "Hits" per day.

It may not be a financial issue unless the legal route is taken (i.e., a lawyer is hired). I agree with the post above that it's good to stick up for the little guy, at least when the little guy is in the right.

It may not be a financial issue if alternative means are thought up for dealing with this matter, so it's probably best to hang onto your money for other things that need it.

The simple fact of the matter is that the 'mind-brain.com' does not belong to Johns Hopkins University, yet they feel the need to invoke their authority to acquire the domain by unfair means. If it went to court, they would lose, there is no doubt of that, but they would then seek revenge through other means, and that is cause for concern.

There is always the option of just saying 'screw em' and seeing what sort of action they choose to take once Dec 2 passes.

as RTB said, it might be best to get a lawyer for this one.

The 'other means' can be used anyway - and by proving they are heavy handed and draconian in this matter with the easily proven claim to something they have no right to - they will be estopped from further actions against Shawn or any of the people involved who are under their authority. That authority will have no merit on its own and they will have to go the extra mile to prove they are not just being Nazis with an interest in stopping free expression. THe court may even award a lot more damages if any other threats not related to adcademic or other performance that are within their purview are involved.

When bureaucrats exert unwarranted and illegal actions are allowable under 'color of authority' they are often held to be doing the same in other areas unless they can prove otherwise. This may easily be proof of a pattern of abuses in the court's eyes.

well, Shawn, it's really just a matter of how standing up for your rights will affect your standing among your peers at JHU. Would you be willing to risk being ostracized by your JHU peers in order to protect your rights?

it makes you wonder how worthwhile such peers are who are inclined to ostracize.

btw, the link to the good ole folks at JHU who are concerned with this matter and who you may want to contact is the following:
http://webapps.jhu.edu/jhuniverse/informat...deans/index.cfm

When will Shawn complete his graduate studies?