So the other day I get this email from a moron at Clemcode (continue reading and you'll see why he's a moron):

This is an enquiry e-mail via http://www.diablops.com from:
Jeremy < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >

Please cease and desist the use of the trademarked title "Geek in a box" as owned by Jeremy and Ralph Clemons of the ClemCode companies.

http://tess2.uspto.gov/bin/showfield?f=doc&state=4m4mk7.2.1

Please note: The Trademark Counterfeiting Act of 1984, 18 U.S.C.A. 2320 defines certain forms of trademark infringement as "trafficking in counterfeit goods", made punishable by up to 5 years imprisonment and a $250,000.00 fine.

A copy of this request has been sent to the law firm of Wooten and Coley as well as Larry Coats Attorney at law.

Thank you.

Jeremy Clemons
 

 So here's my response:

As far as I can tell there is no infringement involved.  Infringement requires that my product be likely to cause consumer confusion.  My product is a complete hardware, software and support system for business use, your product appears to be educational software with entirely different customer base.

If you can rebut that with reasonable logic, I'll gladly change the name.

 I think that was reasonable, to the point and makes sense.  Here's the kicker:

From: " This e-mail address is being protected from spam bots, you need JavaScript enabled to view it " < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >
Subject: Re: Diablo Professional Services, llc: Trademark infringement
Date: Thu, 18 Dec 2008 11:47:39 -0800 (PST)
X-Mailer: YahooMailWebService/0.7.247.3

Thank you for responding,

For our records according to the logic of Diablo Professional Services LLC, the use of a federally registered trademark is not in violation.

I believe it would be in the best interest Diablo Professional Services LLC, (Not a registered company) hosted by www.godaddy.com to contact an attorney and prepare for litigation.

I will give the outcome of such a case time to sink in.

If the trademark is not removed within 72 hours then our lawyers will be preparing a suppenia for Godaddy.com, as well as contacting the IRS about Diablo Professional Services LLC.

Please note that there will not be anymore email corasopedence for me on this issue.

Any questions about how your infringement is in violation of the United States trademark laws.

Please contact attorney Larry Coats @ http://www.coatsandbennett.com

As any person with a brain knows, trademark infringement requires that customers have the potential to confuse the two products.  For example, I could not sell a computer and call it 'Apple' but I could certainly sell a car and call it  'Apple'. 

And this guy seems to think a 'suppenia'...er.. presumably he means subpoena.. can be issued by a lawyer.  A lawyer can try to get one issued by a court, but he certainly can't issue them.

I forwarded this to the guy he claims is representing him, haven't heard back.

And his last email:

From: ClemCode < This e-mail address is being protected from spam bots, you need JavaScript enabled to view it >
Subject: Here's our rebut...
Date: Thu, 18 Dec 2008 20:25:36 -0800 (PST)
X-Mailer: YahooMailWebService/0.7.247.3

I just thought you might want to see what is going on. You might want to file a EIN, look into copyright and trademarks. The business world consist of more than great ideas, hope this lesson is a learning experience.__

The 'rebut' consisted of them complaining to the GoDaddy Trademark infringement group.  Claims to be from Larry Coats (his attorney, supposedly), I forwarded that as well just in case he's bullshitting.  GoDaddy responsed promptly with tough luck, they're only my registrar and cannot get involved in this.

Not only that, Diablo Professional Services, LLC has an EIN, and is registered with the Secretary of State of Ohio.   

I enjoy playing this game as much as anyone else, but I see no reason to cost GoDaddy any time or effort in this matter.  I renamed the project GeekBox.

Midly amusing stuff here. Wonder how much money this guy wasted on an attorney?  Perhaps nothing,  I still haven't heard back from Larry Coats, so I'm not even sure he has an attorney.  If he does, the attorney is an idiot as well, allowing his client to send these emails is bad form in the least