Alleee and Franc's
INSOLITOLOGY

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Censored by Scientology lawyers !



Before I show you the emails sent to us by Scientology lawyers, I wanted to show you this email I got from Miguel Martinez, who is a "paquette fan". Apparently he had some run-ins with her as well...


Dear Francois, what fun... I chanced on your page looking up "amway personal page", I wanted to find the serial pages of Amway sellers, to write something on my site, then I found you too had been threatened by Ava Paquette :-))

She always gets mad about photos, in my case a photo of a SeaOrg member with a terribly serious face and a uniform. I asked her to sue me at once if she thought she had good grounds, so she never answered.

Then I got a message from the Sea Org serious-faced fellow's own lawyer - the fellow is from Arlington Virginia, but just happens to have a lawyer in Turin, Italy.

So I put a mask over his face and put up a note saying that I fully understood that he was terribly ashamed to be associated with Scientology, and that people should never be made fun of just because they did something stupid years ago.

I love Insolitology. Perfect the definition of Amway, "Much like Scientology, but with soap" :-))

Good luck

fellow paquette fan

Miguel Martinez
http://www.kelebekler.com/



Thanks Miguel !

Here is the series of emails in full. Emphasis added by us. Note how they are trying to insinuate that I have put the NOTs on the Internet, when I have done no such thing. Isn't that libel or something ?


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Dear Mr. Tremblay:

Our office represents L. Ron Hubbard Library and Church of Scientology International ("CSI") , the owners of the copyrights to certain photographs of Mr. L. Ron Hubbard.

Our office also represents Religious Technology Center ("RTC"), the owner of the confidential Advanced Technology of the Scientology religion and the holder of exclusive rights under the copyrights applicable to the Advanced Technology materials. The Advanced Technology materials are confidential, unpublished, copyrighted works. RTC's works include, among others, the individual works comprising a level known as "NOTs. These works are registered with the United States Copyright Office under registration numbers: TXu 257 326 and 257 527.


I. Unauthorized Use of Copyrighted Materials.

We have been informed that you have placed several of the L. Ron Hubbard Library's and CSI's copyrighted photographs on your home page without the authorization of our clients as follows:

A. http://www.insolitology.co/organized/scientology2.htm.

1. Photograph of Mr. Hubbard in a white jacket. This photograph is registered with the United States Copyright Office under registration number: TX 3 098 457;

2. Photograph of Mr. Hubbard lecturing. This photograph is contained in the copyrighted work "L. Ron Hubbard - A Profile" published by CSI in 1995;

3. Graphic image containing the phrase "Scientologist On-Line" the copyright of which belongs to CSI.

B. http://www.insolitology.co/organized/scientology.htm.

1. Photograph of Mr. Hubbard holding a large graph. This photograph is contained in the copyrighted work "L. Ron Hubbard, The Administrator, Source Briefing Slide Show", which is registered with the United States Copyright Office under registration number SRu 434-669.

C. Unauthorized Possession of the NOTs Copyrighted Works.

You have admitted, on your web page, to possessing copies of the NOTs works on your computer "I have my own copy of History of Man, as well as the NOT files".

The NOTs works were originally stolen from a Scientology Church in Europe.
RTC took immediate action to protect these works. The perpetrator of this crime was caught, convicted and sent to prison for this crime. Once RTC had notice that these materials had been disseminated to others, RTC obtained numerous permanent injunctions concerning infringements of these and similar copyrighted works. In the RTC v. Henson case, a jury assessed damages in the amount of $75,000 against Keith Henson for posting one of the NOTs works on the Internet, as well as being enjoined by the court against further infringements of the Advanced Technology works. In RTC v. Lerma, the Court found that Mr. Lerma had infringed upon RTC's copyrighted works, enjoined him from any further infringements in addition to awarding RTC $2,500 in damages and the right to seek costs. There are permanent injunctions in place prohibiting infringements of RTC's works in the RTC v. FACTNet and RTC v. Ward cases.

Similar results have been reached in Europe. On September 14, 1998, a Swedish court enjoined a defendant who engaged in similar infringements, in addition to finding that his actions in placing our client's copyrighted works on the Internet violated the owner's rights under Swedish copyright law. He was also fined for his illegal actions and ordered to pay $161,000 in litigation costs. On June 9, 1999, a Dutch court found an individual and numerous Internet service providers had engaged in copyright infringement by posting, or hosting, our clients' copyrighted works on their web sites. The court ruled that the service providers must remove such postings as soon as they are notified of them, subject to a penalty of $2,500 for each day on which they do not comply.

Your actions in this regard violate Canadian and United States copyright law.
Copyright subsists in Canada in our client's materials, by virtue of the Berne convention and Section 5 of the Canadian Copyright Act. As to the photographs, the reproduction of a photograph in its entirety constitutes copyright infringement. See Rogers v. Koons, 751 F.Supp. 474, 478 (S.D.N.Y. 1990) aff'd, 960 F.2d 301 (2nd Cir.), cert. denied, 506 U.S. 934 (1992). Criminal copyright law, under United States and Canadian law, may be implicated here as well. In the United States, the Legislature properly foresaw a need for enforcement of the criminal copyright statute to impinge on criminal elements. With the advanced computer technologies available, works can be scanned rapidly onto electronic media, put onto the Internet, and sent worldwide with the push of a few keys. As a result, criminal penalties for copyright infringement now consist of imprisonment up to six years for the infringer and monetary penalties and fines into the thousands of dollars. Under Section 42 of the Canadian Copyright Act, any person who knowingly distributes infringing copies of any work in which copyright subsists, either for the purposes of trade or to such an extent as to affect, prejudicially, the owner of the copyright, is guilty of an offense and is liable for a fine or imprisonment.

Accordingly, we request that you immediately remove the infringements from your web page and turn over, to our office, any and all copies of the NOTs works that you possess on your computer.

II. Unauthorized Use of Federally Registered Trademark.

RTC is also the owner of the trademarks of the Scientology religion, which includes the Scientology Cross. The Scientology Cross is registered with the United States Patent and Trademark Office under registration numbers 1012452 and 1325117. It is also registered with the trademark office in Canada under registration number 213,279.

You have likewise placed RTC's federally registered trademark, the Scientology Cross, several times on your web page under the following URL:

http://www.insolitology.co/organized/scientology.htm

Under Canadian law, your use of the Scientology Cross falsely leads the public to believe that there is some connection between our client and your web page. The deception of the public resulting from this misrepresentation potentially damages the goodwill associated with our client's trademark. It therefore constitutes grounds for legal action under Canadian trademark law for "passing off," as defined in Ciba-Geigy Canada Ltd. v. Apotex Inc. (1992), 44 C.P.R. (3d) 289 at 296 - 299 (S.C.C.).

Moreover, your use of our client's federally registered trademark on this web page has caused your name and the corresponding web site to be falsely associated with our client's registered mark as owner and creates a likelihood of confusion as to the source or sponsorship of this web page and web site in violation of United States state and federal law, including the Lanham Act and various international laws.

Additionally, the federally registered trademark, Scientology Cross, is famous, distinctive and unique. Accordingly, your use of this mark dilutes and tarnishes the distinctiveness of the mark inconsistent with the positive and spiritual accomplishments and humanitarian efforts of the Scientology religion in violation of the federal trademark antidilution statute, 15 U.S.C. 1125(c) and California's antidulation statute. See, Archdiocese of St. Louis v. Internet Entertainment Group, Inc., 34 F.Supp.2d 1145 (E.D. Mo. 1999); Mattel, Inc. v. Internet dimensions, Inc., 55 U.S.P.Q.2d 1620 (S.D.N.Y. 2000); Deere & Co. v. MTD Products, Inc., 41 F.3d 39, 43 (2nd Cir. 1994).

Lastly, the use our client's mark in this manner constitutes an unlawful false designation of origin and as such, violates 43(a) of the Lanham Trade-Mark Act. This prohibits any use of another's trademarks that is "likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person." America Online, Inc. v. IMS, 24 F.Supp.2d 548, 551 (E.D.Va. 1998). Here, there is no question that these elements are met.

III. Conclusion.

Based upon the foregoing we request that the infringements be removed immediately.

I appreciate your prompt attention to this matter.

Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard
Suite 900
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385



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Dear Mr. Tremblay:

Thank you for your prompt attention and response to this matter. However, you did not respond to me regarding the NOTs materials. Did you remove these from your computer also?

Sincerely,
Ava Paquette



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Dear Mr. Tremblay:

Thank you for your prompt attention to this matter. In checking your web page, however, I did notice several other copyrighted works on your web page which belong to our client, Church of Scientology nternational's ("CSI"). They are as follows:

1. A copy of poster entitled "False TA", the copyright of which belongs to CSI. This is located under the URL, http://www.insolitology.com/organized/scientology2.htm;

2. A copy of a graphic image entitled "What is Scientology", which has been taken from CSI's web site, in addition to verbatim text from that web site. The copyright to this graphic image belongs to CSI. This is located under URL, http://www.insolitology.com/organized/scientology.htm; and

3. A copy of a graphic image showing a bridge with clouds and mountains in the background, with verbatim text taken from CSI's web site. The copyright to this work belongs to CSI. It is located under URL, http://www.insolitology.com/organized/scientology2.htm.

I know you want to resolve this as much as we do. We would appreciate it if you would please remove these also.

Thank you for your anticipated courtesy and cooperation in this matter.

Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard
Suite 900
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385



Last updated 10/2002