Law Offices

Stokes Lawrence, P.S.

800 fifth avenue suite 4000

Seattle Washington 98104-3179


Telephone: (206) 626-6000 Facsimile: (206) 464-1496

Email: [email protected]



October 17, 2000






John Arbon

The Liberty Belle Group

4207 East Balsam Avenue

Mesa, AZ 85206


    Re:  <>


Dear Mr. Arbon:


    We represent Handgun Control, Inc. ("HCI")/Center to Prevent Handgun Violence ("CPHV").  The records of Network Solutions, Inc. indicate that you (or an entity with which you are affiliated) are the owner of the domain name <>.  This letter is to inform you that Center to Prevent Handgun Violencesm  and CPHVsm are valid service marks of HCI/CPHV.  Your registration and use of the <> domain name infringes upon HCI/CPHV's marks in violation of section 43(a) of the Lanham Act.


    Due to the obvious similarity of the <> domain name to our client’s marks, consumers are very likely to be misled or confused as to the source of the information and services provided by The Liberty Belle Group at its infringing website, thereby creating the basis for a claim under Section 43(a).  It is apparent from the content of your website that The Liberty Belle Group is deliberately trying to use such consumer confusion to your advantage in disseminating anti-gun control literature.


    As you may be aware, there are new laws and procedures in place to protect a service mark owner from infringement through domain name use. The Anticybersquatting Consumer Protection Act of 1999, Pub. L. No. 106-133 (the "ACPA"), provides for injunctive relief and statutory damages for infringing domain name registrations and use.  Additionally, the Internet Corporation for Assigned Names and Numbers has recently adopted the Uniform Domain Name Dispute Resolution Policy (the "UDRP").  The UDRP permits a service mark owner to invoke an administrative proceeding to compel the transfer of an infringing domain name.


    Should HCI/CPHV be forced to bring claims against The Liberty Belle Group under section 43(a) of the Lanham Act, the ACPA, or the UDRP, we are confident that it would prevail.  HCI/CPHV would therefore not only be entitled to monetary damages, but also injunctive relief requiring you to transfer the Domain Names back to their rightful owners.


    If The Liberty Belle Group does not cease using the <> domain name and immediately agree to transfer it to its rightful owner, HCI/CPHV is prepared to pursue all remedies at law and equity to protect its marks.  If we do not receive a response to this letter within twenty (20) days, we will commence legal and or administrative proceedings against you.


Very truly yours,

Stokes Lawrence, P.S.

Alison F. Ivey


cc:     Bruce Gryiewski, Washington Ceasefire

         Rachana Bhowmik, Handgun Control, Inc./Center to Prevent Handgun Violence

Reference the two laws under which they are making their claim: