Well it seemed like good idea at the time.
On Monday, November 12th I emailed pitchforkmedia.com's news "branch" with what I thought was such a silly, over-the-top email there would be absolutely no way for them to misinterpret the meaning. I was hoping for a "haha" back or a post on their news updates, "pitchforkmedia.com" VS "pitchforkmediadotcom.com." After all, their website clearly has a sense of humor. The news posts frequently attempt to make jokes. One column is called, "Get That Out Of Your Mouth!" That's pretty wacky. They even had an April Fool's Day joke.
Instead of appreeeesh and praise, I returned home from work Wednesday evening and found a very terse letter penned by Pitchfork's lawyers demanding I give Ryan Schreiber all rights to pitchforkmediadotcom.com by Monday. Clearly I have yet to comply. This was a joke to cheer myself up after some lame personal problems and to make my friends laugh. I have no interest in stealing traffic from OG Pitchfork. If they didn't get it, whoops. Sorry. Please don't take away my website, Ryan Schreiber.
ALL COMMUNICATION IS CONTAINED BELOW:
Monday, November 12th at 6:30 pm PST:
Hi, I am the owner of pitchforkmediadotcom.com (representing pitchforkmediadotcom.com and all respective associated brands) and just wanted to inform you all that you are in clear violation of my "pitchforkmediadotcom.com" trademark. For years your organization has been leaching traffic from my website and subsequently costing me dollars, LITERAL DOLLARS, in the process. I was only recently made aware of the suspicious similarities in our respective names and am frankly shocked at your blatant disregard for both international copyright law and basic human decency.
I am expecting massive financial restitution. I will not accept payment in American funds. Gold Krugerrands are ideal but any non-US bullion coin (Maple Leaf, Gold 'Nugget') is acceptable.
Payment and any further questions may be directed to my legal counsel:
Jeff Zito
Zito & Zito, Attorneys at Law
ADDRESS AND PHONE REDACTED (but it's just my home address and cell phone)
I look forward to the swift and successful resolution of this problem. Thank you for your time.
--------------------------------
Wednesday, November 14th at 2pm PST:
Dear Mr. Zito:
The undersigned law firm represents Ryan Schreiber, registrant of the domain name, pitchforkmedia.com, and owner of the serice mark, Pitchfork Media (U.S. Trademark Office Principle Register, Reg #3243740). We additionally represent Pitchfork Media Inc., owner of the internet website located at the URL www.pitchforkmedia.com. Mr. Schreiber has granted to Pitchfork Media an exclusive license to use both the domain name and service mark.
My client recently received an e-mail message dated November 12, 2007, from "Jeff Zito admin@pitchforkmediadotcom.com" claiming to be the owner of the domain name, pitchforkmediadotcom.com. Although the "From" section of the e-mail includes your name, the body of the e-mail indicates that your firm represents the individual owner. A copy of the e-mail is attached for your reference. For convenience and since I do not know the gender of your client, I will use male pronouns to refer to your client.
The gist of the e-mail is that your client believes it has priority over my client's domain name and demands compensation for damages my client's use of that domain name has allegedly caused him. To quote the email, "(f)or years your organization has been leaching traffic from my webstie and subsequently costing me dollars, LITERAL DOLLARS, in the process."
This is a ridiculous claim. Mr. Schreiber has owned the domain name, pitchforkmedia.com, since 1999 and the federal service mark since 2005. The WhoIs database indicated your client did not register the domain name, pitchforkmediadotcom.com, until November 11, 2007, and therefore, his claim for damages are false and in fact fraudulent.
My client has no intention of paying your client anything. We suggest that your client proceed with the filing of a complaint in the appropriate administrative or judicial venue if your client wishes to challenge our clients' domain name rights. It is quite clear to us, however, that it is our clients who are being wronged by your client's creation, ownership and operation of a deceptive and infringing domain name. Therefore, we demand that your client immediately assign to Ryan Schreiber all rights in and to his domain name, pitchforkmediadotcom.com. A domain name assignment is attached for your review and your client's signature. Please return an executed copy of this domain name assignment to me within five (5) days following your receipt of this letter.
My clients also reserve all other rights they may have in law and at equity.
We look forward to receiving a prompt reply from your office that your client withdraws and claims he thinks he has against our clients.
Sincerely,
THE ENTERTAINMENT & INTELLECTUAL PROPERTY GROUP, LLC
Jerry Glover, Senior Counsel