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"DMCA" complaint by webmaster Sterling Management Systems

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Mike Gormez

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Nov 12, 2007, 10:53:17 AM11/12/07
to mgo...@gmail.com
Here is the complaint that got my sites down -- active again as we
speak. I need to upload two pages but FTP is giving up on me
constantly. You as my council need to view this:


My name is Robert Georgius and I am the webmaster for Sterling
Management Systems, a Glendale, California management company.
Sterling
Management Systems has been a successful consulting business for the
past
twenty five years. Like all successful businesses nowadays, SMS also
has a
website, which I administer. As the webmaster, I am responsible for
optimizing the website.

In January of 2006, the United States Patent and Trademark Office
approved our application to register "STERLING MANAGEMENT SYSTEMS," as
a
service mark under registration number 3043198. I am attaching a copy
of
that registration as proof of this fact. SMS uses this service mark
extensively on its website to sell its products and services.

As part of my job, I also monitor the Internet to ensure that nobody
is illegally using Sterling's trademarks or service marks. In
conducting
one of these searches I came across a website hosted by Bluehost,
whose
customer is using our registered service mark "Sterling Management
Systems,"
in his metatags. The owner of this website is using Sterling
Management
Systems service mark, "STERLING MANAGEMENT SYSTEMS," in his metatags
to
illegally lure people to his website. Our service mark can be found in
the
metatags in the following Bluehost webpages:

www.stop-wise.biz/Sterling_Management_Systems.html
www.stop-wise.biz/Sterling_v_CAN.html

I am not a lawyer, but I did do some of my homework on this and
there are lots of cases where the courts said that using another's
trademark
or service mark in metatags is trademark infringement. The big one I
found
on the Internet was Brookfield Commc'n., Inc. v. W. Coast Entm't
Corp., 174
F.3d 1036, 1066 (9th Cir.1999) where the court said that using
somebody's
service mark in metatags was trademark infringement.

Again, I am not asking for the content to be removed, we just want
his use of our service mark, STERLING MANAGEMENT SYSTEMS, taken out of
the
metatags.

Thank you for your help with this.

Sincerely,


Robert H. Georgius
Webmaster | Sterling Management Systems
350 West Arden Ave. | Glendale, CA 91203
Fon: 818-241-1144 | Fax: 818-241-4837
email: b...@sterling.us


===========


Here my note to Bob

Hi Bob,

I saw your DMCA complaint to my Host which wasn't a DMCA complaint at
all!

Trademarks and copyrights are two *very* different things. If Sterling
Management Systems has a problem with me and trademarks then their
attorney should contact me directly. At least s/he will know the
difference and what a valid DMCA notice requires.

My contact info is on stop-wise.biz

Best wishes,

Mike

cultxpt

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Nov 12, 2007, 11:18:59 AM11/12/07
to

If your provider shut you down just because a webmaster whined,
they're crazy. You would think providers would have a bit more spine
than that.

navy.intern...@gmail.com

unread,
Nov 12, 2007, 11:19:22 AM11/12/07
to

Hi Mike, FYI, meta tags don't work! Some years ago porn sites added
almost complete vocabularies to their meta tags in an effort to, no
matter what one typed into Google, let their porn sites pop up in the
hits. No search engine reads meta tags today, because of the abuse.
So, it makes the accusation even more ridiculous. And the webmaster
look stupid.

See this Dutch website:
http://www.zoekprof.nl/achtergronden/metatag.html

R. Hill

unread,
Nov 12, 2007, 11:42:28 AM11/12/07
to

Non-sense from Robert H. Georgius.

In Brookfield Communications v. West Coast Entertainment Corp.

«[Judge Berzon] noted that initial interest confusion can result from
unlabeled ads that do not identify the source of the ad. In contrast,
she stated that confusion does not result when a user is informed by
the search engine or the ad itself that the ad's source is one other
than the trademark owner»

Source:
http://www.lctjournal.washington.edu/Vol2/a014Keenan.html

Your site can't be confused, as it prominently informs the reader:

«Critical information on Sterling Management Systems, its license with
World Institute of Scientology Enterprises (WISE) and Sterling
Management Systems' ties with the Church of Scientology.»

http://72.14.209.104/search?q=cache%3Ahttp%3A%2F%2Fwww.stop-wise.biz%2FSterling_Management_Systems.html

And further, you are not even selling anything. They just don't like
that people find that Sterling Management Systems *is* Scientology,
it's not good for business.

Ray.

navy.intern...@gmail.com

unread,
Nov 12, 2007, 12:00:46 PM11/12/07
to
> >www.stop-wise.biz/Sterling_Management_Systems.htmlwww.stop-wise.biz/S...
> http://72.14.209.104/search?q=cache%3Ahttp%3A%2F%2Fwww.stop-wise.biz%...

>
> And further, you are not even selling anything. They just don't like
> that people find that Sterling Management Systems *is* Scientology,
> it's not good for business.
>
> Ray.

My uneducated guess: Robert H. Georgius was "advised" by the CULT
(read WISE).

Hartley Patterson

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Nov 12, 2007, 12:01:38 PM11/12/07
to
cul...@gmail.com:

> If your provider shut you down just because a webmaster whined,
> they're crazy. You would think providers would have a bit more spine
> than that.

Commercial ISPs can and do cancel accounts simply because they have have
received complaints about them. They do not employ lawyers to check
complaints.

--
Hartley Patterson
http://www.newsfrombree.co.uk
http://news-from-bree.blogspot.com

Mike Gormez

unread,
Nov 12, 2007, 12:11:06 PM11/12/07
to
> >www.stop-wise.biz/Sterling_Management_Systems.htmlwww.stop-wise.biz/S...

Well, it in this case it got a weird webmaster's tights in knots :-)

>Some years ago porn sites added
> almost complete vocabularies to their meta tags in an effort to, no
> matter what one typed into Google, let their porn sites pop up in the
> hits. No search engine reads meta tags today, because of the abuse.
> So, it makes the accusation even more ridiculous. And the webmaster
> look stupid.
>
> See this Dutch website:http://www.zoekprof.nl/achtergronden/metatag.html

However, then there are those that say the page is not correct in
stating metatags are dead: http://www.vsdjhvfwdhr.nl/

And yes Jeff, it is rather dishearting when hosting companies give in
that easily.

Mike


banchukita

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Nov 12, 2007, 12:13:36 PM11/12/07
to
On Nov 12, 10:53 am, Mike Gormez <mgor...@gmail.com> wrote:

Mike, this is whacked. It's not like you're competing with Sterling by
selling anything. Yours is a public service, consumer information
kind of site.

IANAL.

-maggie, human being

Skipper

unread,
Nov 12, 2007, 12:21:27 PM11/12/07
to
In article <1194887466....@o3g2000hsb.googlegroups.com>, Mike
Gormez <mgo...@gmail.com> wrote:

Bob Georgius was never the shiniest pixel on the screen.

Dave Touretzky

unread,
Nov 12, 2007, 12:40:53 PM11/12/07
to

This is standard cult lawyer nonsense, claiming service mark
infringement because one merely mentions the name of the group one is
criticizing. As others have pointed out, it's legally unsupportable.
And Mike is correct that it's not a DMCA complaint; the DMCA deals
only with copyright infringement, not trademarks, service marks, or
trade secrets.

Ths ISP should be publicly shamed for rolling over like a scared puppy
and shafting their customer this way. It's inexcusable. Any ISP that
can't recognize an improper DMCA notice is too stupid to be in
business.

Finally, here's what we should do for Sterling Management Systems:
everyone should add a link to Mikey's Sterling Management page from
their web site or blog, like this one I just added to my Secrets of
Scientology page:

Critical info about the <a href="http://Stop-Wise.biz">World
Institute of Scientology Enterprises</a>, an association of
cult-associated businesses, including the infamous <a
href="http://www.stop-wise.biz/Sterling_Management_Systems.html">Sterling
Management Systems</a> that sucks dentists and chiropractors into
Scientology.

Let's make Mikey's page the #1 ranked page for Sterling!

-- DAve Touretzky

Android Cat

unread,
Nov 12, 2007, 12:07:15 PM11/12/07
to
Mike Gormez wrote:

> My name is Robert Georgius and I am the webmaster for Sterling
> Management Systems, a Glendale, California management company.
> Sterling
> Management Systems has been a successful consulting business for the
> past
> twenty five years. Like all successful businesses nowadays, SMS also
> has a
> website, which I administer. As the webmaster, I am responsible for
> optimizing the website.

Stick to being a web-monkey Bob.

--
Ron of that ilk.


Rev. Norle Enturbulata, COD

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Nov 12, 2007, 12:50:01 PM11/12/07
to

"Skipper" <skipsp...@charter.not> wrote in message
news:121120070921274615%skipsp...@charter.not...

Not even in a misfiring 'always on' mode? :)


--
http://xenutv.wordpress.com/2007/05/15/panorama-scientology-and-me/
http://www.timesonline.co.uk/article/0,,2087-2535187,00.html
http://www.rollingstone.com/politics/story/9363363/inside_scientology
http://xenu.com-it.net/txt/ildikoe.htm
http://www.xenu.net
http://www.xenutv.com
http://www.scientology-lies.com
http://www.whyaretheydead.net
http://www.scientology-kills.org

Rev. Norle Enturbulata
"Church" of Cartoonism
*
* " You can write that down in your book in great big letters. The only way
you can control anybody is to lie to them."
* -- L. Ron Hubbard, "Technique 88"
*
* "...Never discuss Scientology with the critic. Just discuss his or her
crimes, known and unknown. And act completely confident that those crimes
exist...."
* L. Ron Hubbard, "Critics of Scientology", November 5, 1967
*
* "All men shall be my slaves! All women shall succumb to my charms! All
mankind shall grovel at my feet and not know why!"
- L. Ron Hubbard, "Personal Affirmations"


navy.intern...@gmail.com

unread,
Nov 12, 2007, 1:12:40 PM11/12/07
to

Oops!

Lermanet.com

unread,
Nov 12, 2007, 2:59:22 PM11/12/07
to

Dave,

I'd add those links but they are already there
http://www.lermanet.com/frontgroups.html

arnie lerma

Recent rants here:

http://ocmb.xenu.net/ocmb/viewtopic.php?p=280297#280297
http://ocmb.xenu.net/ocmb/viewtopic.php?t=24249
http://ocmb.xenu.net/ocmb/viewtopic.php?t=24249&postorder=asc&start=15
http://ocmb.xenu.net/ocmb/viewtopic.php?t=24017&start=15

"Ten thousand lies -
won't change a single truth
about Scientology
at Lermanet.com Exposing the CON
WE COME BACK FOR OUR FRIENDS and FAMILY
to get them out while they are still alive!
Get Involved!
http://ocmb.lermanet.us/discussion/viewforum.php?f=36
http://ocmb.lermanet.us/discussion/viewtopic.php?t=381

"He exuded evil, malice, and stupidity"
Gore Vidal on meeting L Ron Hubbard

My children and family are so glad
to have me back and I'm glad you
have your site to help people like
us! - from an "OT" still in "good
standing"

Mike Gormez

unread,
Nov 12, 2007, 3:04:49 PM11/12/07
to
On 12 nov, 18:40, d...@cs.cmu.edu (Dave Touretzky) wrote:

> Finally, here's what we should do for Sterling Management Systems:
> everyone should add a link to Mikey's Sterling Management page from
> their web site or blog, like this one I just added to my Secrets of
> Scientology page:
>
> Critical info about the <a href="http://Stop-Wise.biz">World
> Institute of Scientology Enterprises</a>, an association of
> cult-associated businesses, including the infamous <a
> href="http://www.stop-wise.biz/Sterling_Management_Systems.html">Sterling
> Management Systems</a> that sucks dentists and chiropractors into
> Scientology.
>
> Let's make Mikey's page the #1 ranked page for Sterling!

That would be cool! The pages are back, as they were, webmaster Bob of
SMS told me he has forwarded my email to "our attorneys as you
requested" and I've made my first new page for years.
http://www.stop-wise.biz/SMS_webmaster_complaint.html

Mike

roger gonnet

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Nov 12, 2007, 3:16:45 PM11/12/07
to
"Mike Gormez" <mgo...@gmail.com> a écrit dans le message de
news:1194882797....@o80g2000hse.googlegroups.com...

Surprising? No, scientology makes people stupid.

Not their fault, but scientology's fault.

Besides, not only he's stupidified, but he believes that we are too: would
he ever try a DMCA toward a scientologist website congratulating his
patrons?

r

barb

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Nov 12, 2007, 3:56:47 PM11/12/07
to

Oh, this is SUCH pure, unadulterated Bolonium! Let's say you are poised
to dump a quarter of a million bucks on Sterling Management Systems. But
first, unlike most people, you wish to research them. You wouldn't be
typing in anything but Sterling Management Systems.

It's obvious that Mikey isn't trying to con people buying fake services
from Sterling. It's clear that Sterling doesn't want people researching
it easily on the web.

If metatags are history, it's a moot point. But still! Classic Clamedy!

--
barb
Chaplain, ARSCCwdne

buy my book!
http://stores.lulu.com/store.php?fAcctID=1198812

read my page! (thanks, R. Hill!)
http://www.xenu-directory.net/critics/graham1.html

visit my store!
http://www.cafepress.com/birdville

Lermanet.com

unread,
Nov 12, 2007, 6:19:06 PM11/12/07
to
On Mon, 12 Nov 2007 20:04:49 -0000, Mike Gormez <mgo...@gmail.com>
wrote:

Good to see you back online
Glad its working out
I've got some more dead scientologists if you want them

arnie

Android Cat

unread,
Nov 12, 2007, 6:28:53 PM11/12/07
to
barb wrote:

> navy.intern...@gmail.com wrote:
>>
>> My uneducated guess: Robert H. Georgius was "advised" by the CULT
>> (read WISE).
>>
>
> "The owner of this website is using Sterling Management Systems
> service mark, "STERLING MANAGEMENT SYSTEMS," in his metatags to
> illegally lure people to his website."
>
> Oh, this is SUCH pure, unadulterated Bolonium! Let's say you are
> poised to dump a quarter of a million bucks on Sterling Management
> Systems. But first, unlike most people, you wish to research them.
> You wouldn't be typing in anything but Sterling Management Systems.
>
> It's obvious that Mikey isn't trying to con people buying fake
> services from Sterling. It's clear that Sterling doesn't want people
> researching it easily on the web.
>
> If metatags are history, it's a moot point. But still! Classic
> Clamedy!

The fun part is that if you read the page they object to, it clearly shows
that the trademarks were held but were abandoned, cancelled, fell into
default a few years ago.

http://www.stop-wise.biz/Sterling_Management_Systems.html

Mike's site has probably been around longer than they've held their
"trademark".

Jens Tingleff

unread,
Nov 13, 2007, 2:16:23 AM11/13/07
to
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Dave Touretzky wrote:

<shameless self-promotion>

What, a bit like this:

http://www.tingleff.org/jensting/muslinger/index.html#sterling

??

</shameless self-promotion>

Best Regards

Jens
- --
Key ID 0x09723C12, jens...@tingleff.org
Analogue filtering / 5GHz RLAN / Mandriva Linux / odds and ends
http://www.tingleff.org/jensting/ +44 1223 829 985
"Loved you in 'Wall Street'!" Martin and Charlie Sheen, 'Hot Shots Deux'
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.5 (GNU/Linux)

iD8DBQFHOU9PimJs3AlyPBIRAi3KAJ9LKPtFQzWo4etysMgFEHwXxu62MgCeOtoX
OmTjdOF/l9jSYLQrj9HmIsQ=
=frif
-----END PGP SIGNATURE-----

Mike Gormez

unread,
Nov 13, 2007, 6:18:20 AM11/13/07
to
SMS webmaster Bob is still trying to convince me with the cited case,
to remove the metatags. Surprising but told him "No, Bob". However he
says he didn't sent a "DMCA Complaint" as it was sent to me by my host
but marked it as "Violations of US Law"

I don't know who is right, as I can only call my host about this stuff
and more often than not get away with the feeling having talked with
goofy students.

Mike

Skipper

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Nov 13, 2007, 9:35:11 AM11/13/07
to
In article <1194952700.4...@k79g2000hse.googlegroups.com>,
Mike Gormez <mgo...@gmail.com> wrote:

Bob Georgious was one confused dude when I knew him. Doesn't look like
he's changed much, despite those super-duper oatee "levels."

R. Hill

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Nov 13, 2007, 10:08:25 AM11/13/07
to

1) Robert H. Georgius, web master of Sterling Management Systems, is
probably annoyed that stop-wise.biz is on the first page of results
when googling for "sterling management systems" (6th on the list from
here) People are likely to find out that Sterling Management Systems
is linked to Scientology.

2) Robert H. Georgius, who is not a lawyer, does "some of [his]
homework", and figures that other web sites can't use "Sterling
Management Systems" as metatags, citing "Brookfield Communications v.
West Coast Entertainment Corp." as the most compelling court case in
support of his assertion.

In his "big one" case actually it was stated that the advertizer
"impermissibly capitalizes on the goodwill associated with a mark."
You in turn, capitalize on nothing, your site is for informational
purpose only, without the slightest commercial interest (you don't
even host google ads or such).

3) Your web hosting provider, BlueHost.com of Orem, UT, disregarding
the fact that the letter sent by non-lawyer Robert H. Georgius is not
a formal legal complaint, shut off all of your web site based on the
"findings" of non-lawyer Robert H. Georgius.

It is expected that scientologists will always complaint about the
prominence of "entheta" on the Internet, and we will always happily
document occurrences of such. However, in this case, your web hosting
provider, BlueHost.com is to be blamed the most, as there can be no
reason why they would suspend all of your web sites with no actual
formal legal complaint that was filed.

Ray.

navy.intern...@gmail.com

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Nov 29, 2007, 12:49:22 PM11/29/07
to
On 12 nov, 19:12, navy.internetoplicht...@gmail.com wrote:

> On 12 nov, 18:11,MikeGormez<mgor...@gmail.com> wrote:
>
>
>
> > On 12 nov, 17:19, navy.internetoplicht...@gmail.com wrote:
>
> > > HiMike, FYI, meta tags don't work!

>
> > Well, it in this case it got a weird webmaster's tights in knots :-)
>
> > >Some years ago porn sites added
> > > almost complete vocabularies to their meta tags in an effort to, no
> > > matter what one typed into Google, let their porn sites pop up in the
> > > hits. No search engine reads meta tags today, because of the abuse.
> > > So, it makes the accusation even more ridiculous. And the webmaster
> > > look stupid.
>
> > > See this Dutch website:http://www.zoekprof.nl/achtergronden/metatag.html
>
> > However, then there are those that say the page is not correct in
> > stating metatags are dead:http://www.vsdjhvfwdhr.nl/
>
> > And yes Jeff, it is rather dishearting when hosting companies give in
> > that easily.
>
> >Mike
>
> Oops!

Mike, I have done the test. I changed the title, so when Google
archived my website after this change, it would show. I also added
several meta tags.
Recently I saw the new title pop up in Google, so I tried to do a
search on my meta tags. Results: zero. None of my meta tags came up in
Google.

The many results on "vsdjhvfwdhr" are not because of the meta tag, but
because of "vsdjhvfwdhr" being somewhere on the website.

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