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CastleCops responds to Leo Stoller |
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BENJAMIN Z. RICE
ATTORNEY AT LAW
P.O. Box 1206
Pleasanton, CA 94566
Voice & Fax: (925) 397-2005
Internet: www.ricelaw.net
E-Mail: bzr@ricelaw.net
Mr. Leo Stoller
7115 w. North Avenue
Oak Park, IL 60302
Re: Settlement- Not Admissible for Any Purpose Pursuant to CA Evidence Code 1152
Our File No. CY757-514
Dear Mr. Stoller:
I write you on behalf of my clients Paul Laudanski and Computercops, LLC. I have spoken with my clients about your previous correspondence and your allegations that you have rights in the mark “CASTLE.” In short, we find no basis for your potential opposition and believe that you are engaging in vexatious, harassing litigation with no purpose.
My client objects to any further extensions of time for you to file your opposition and will oppose any further delays caused by you or entities you control. 37 CFR § 2.102(c) states in pertinent part:
Requests to extend the time for filing an opposition must be filed as follows: …. (3) After receiving one or two extensions of time totaling ninety days, a person may file one final request for an extension of time …. The Board will grant this request only upon written consent or stipulation signed by the applicant, or a written request by the potential opposer stating that the applicant has consented to the request …..
Your refusal to substantiate your alleged ownership of rights in “CASTLE,” coupled with your avowed intention to embark on a campaign of harassment if my clients do not capitulate to your demands, make clear that there is no good faith factual or legal basis for your assertions that you or “Castle Brand Products & Services” own rights of any kind to the mark or trade name “Castlecops.” Regrettably, your tactics here are consistent with your pattern of threatening and pursuing frivolous litigation, including actions instituted by you based on fabricated claims -- a fact that is well documented in numerous Court rulings against you and your companies. E.g., S Indus., Inc. v. Centra 2000, Inc. 249 F.3d 625, 637-29 (7th Cir. 2001)(affirming attorneys’ fee award against one of your companies because its suit was “indefensible” and “meritless” and stating that your “actions here look to be part of a pattern of abusive and improper litigation”); Central Mfg. Co. v. Pure Fishing, Inc., Order of Nov. 16, 2005 (N.D. Ill., Lindenberg, J) (noting that you have “earned a reputation for initiating spurious and vexatious federal litigation” and finding that you had engaged in “gross misconduct” and “unethical conduct,” evinced “an appalling lack of regard” for the judicial process and brought motions “that lacked any evidentiary support”); Central Mfg. Co v. Brett, Order of Sept. 30, 2005 (N.D. Ill., Coar, J.)(“Stoller appears to be running an industry that produces often spurious, vexatious, and harassing federal litigation.”) S Indus,. Inc. v. Stone Age Equip, Inc., 12 F. Supp. 2d 796, 819 (N.D. Ill. 1998 (Castillo, J.) (awarding attorney’s fees against one of your companies, calling your documents “highly questionable” and “perhaps fabricated” and describing your testimony as “inconsistent, uncorroborated, and in some cases, demonstrably false”); S Indus., Inc. and Cenral Mfg. Co. v. JL Audio, Inc. 2003 WL 21189779, at *5 (TTAB 2003) (“Mr. Stoller’s and opposers’ litigation strategy of delay, harassment and even falsifying documents in other cases is well documented” and citing numerous cases in support).
We therefore expect your written acknowledgement, no later than June 30, 2006 that you nor any company owned or operated by you, has any right title or interest of any kind in CASTLECOPS, either as a mark or a trade name. We further expect your written confirmation that you, your companies, and your purported licensees are not using and will not use the mark or trade name “Castlecops” in connection with the sale or offering for sale of goods or services. Should you fail to do so my clients will pursue any and all legal remedies available to remedy this situation.
This is my client’s good faith attempt to resolve an uncomfortable matter in an amicable and confidential manner. Be advised however, my clients will take appropriate steps to vindicate their legal rights, which may include seeking reimbursement of their attorneys’ fees and an award of sanctions against you and your companies.
This is not a complete statement of my clients’ position and they reserve any and all of their rights in this matter.
Please contact me directly should you have any questions about this matter. I can be reached at (925) 397-2005 or bzr@ricelaw.net
Very truly yours,
BENJAMIN Z. RICE
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