UFO MAGAZINE SEND THREATENING ATTORNEY''S LETTER

CE 2 Number of posts : 265 Registration date : 2009-03-16

Dear All,

As of today I have ended my column and any connection with UFO MAGAZINE. The reason ? A threatening letter from UFO MAGAZINE'S attorney Julie S. Maresca. Why a letter from the attorney you might ask. Well it's because we are starting UFO MATRIX MAGAZINE here in the UK and Bill Birnes thinks he can copyright the phrase and the logo UFO in connection with a magazine. If anyone would like to see a copy of the attorney's letter I'll gladly supply a copy.

To be honest I find this a shameful way to carry on. I had offered cooperation to Nancy between the 2 publications and pointed out that we are not in competition with UFO MAGAZINE or anyone else for that matter. In my opinion this has nothing to do with protecting copyright etc, instead Bill Birnes simply does not want any other magazines around.

It's just a ridiculous state of affairs and I for one will have nothing more to do with UFO MAGAZINE ever no matter what. I've got this magazine since day one and it's now going on the bonfire.

Regards,

Philip Mantle.
Editor.
UFO MATRIX MAGAZINE.
www.healingsofatlantis.com

Subject: Phil Mantle's Letter Wed May 19, 2010 5:01 am

Hi, Eveyrbody,

As Phil Mantle knows, because he's been told this but has conveniently neglected to mention, our UFO magazine does not own the name UFO

Magazine. It is owned by UFO

Magazine, Inc., the company that bought the magazine from the previous owners, and continues to function as a licensing company that registered, owns, and licenses the UFO

trademark in the fields of magazine publishing and television and motion pictures. Nancy and I are not owners of this company, not stockholders, and do not sit on its board.

As Phil Mantle already knows, because he's also been told this time and again, a trademark owner under the United States trademark law has the burden of defending the trademark against any possibility of confusion of that trademark so as not to lose that mark through dissolution. It's not a matter of choice. It's a burden of law. You own a trademark then you must defend that trademark or you lose that trademark.

Thus, to rail at me personally, which I find quite offensive in light of my having published his books and getting him on UFO Hunters, is not only unfair, but it has no bearing on the controversy whatsoever because the letter didn't come from me or from the magazine we publish. It came from the trademark owner. I am not the trademark owner.

But none of this information is new to Phil Mantle, who either has a very short memory or is being entirely disingenuous. He knew exactly what would happen when he availed himself of the generosity of our forum to promote his own magazine whose logo and design would prompt a trademark infringement letter from the attorney of the company that is the registered owner of the trademark UFO

in the goods and services of magazine publishing in the United States. This same thing happened five years ago with the same result.

Mantle knows that if someone tried to infringe on a trademark he owned in the UK, he would bluster in outrage and be just as righteous and vigorous in defending his mark as is the owner of UFO

Magazine, Inc., in the United States. So why get angry? Why send a nasty letter to Nancy and why attack me in public? Just work within the system and don't turn on your friends.

I'll be posting a lot more on this forum and blogging a lot more, too.

Why can't we all just - get along.

CE 1 Number of posts : 192 Registration date : 2009-03-10

Bill takes the _strangest_ heat, but that's all it ever is... no light but that which inflames the presupposing and uninformed accuser.

alienview@roadrunner.com
> www.AlienView.net
>> AVG Blog -- http://alienviewgroup.blogspot.com/
>>> U F O M a g a z i n e -- www.ufomag.com

Alfred Lehmberg wrote:: Bill takes the _strangest_ heat, but that's all it ever is... no light but that which inflames the presupposing and uninformed accuser.

But if what I have put together over the years is right, we are in for an awakening. We need to stop the petty bickering about things because the world stage laughs at us - and frankly, I don't blame them one bit. We are NOT organized. This was posted elsewhere on the net, and shows you what kind of pictures get projected onto the world stage, and we wonder WHY people laugh.

First, the claim: www.telegraph.co.uk/science/space/7722455/Aliens-hijack-Nasas-Voyager-2-spacecraft-claims-expert.html

Aliens 'hijack' Nasa's Voyager 2 spacecraft, claims expert

Aliens have hijacked a Nasa spacecraft and are using it to try to contact earth, a UFO expert has claimed.

Published: 7:15AM BST 14 May 2010

Hartwig Hausdorf, a German academic, believes that the reason Voyager 2, an unmanned probe that has been in space since 1977, is sending strange messages that are confusing scientists, is because it has been taken over by extraterrestrial life.

Since its launch, Voyager 2 has been sending streams of data back to Earth for study by scientists, but on April 22, 2010, that stream of information suddenly changed.

Nasa claimed that a software problem with the flight data system was the cause but Mr Hausdorf believes it could be the work of aliens.

This is because all other parts of the spacecraft appear to be functioning fine.

He told the German newspaper Bild: "It seems almost as if someone has reprogrammed or hijacked the probe – thus perhaps we do not yet know the whole truth.”

Voyager 2 carries a disk with greetings in 55 languages on it in case the craft encounters other life forms.

Dr Edward Stone, a scientist on the project, said the desk, called the Golden Record, is "a kind of time capsule, intended to communicate a story of our world to extraterrestrials.

"The Voyager message is carried by a phonograph record-a 12-inch gold-plated copper disk containing sounds and images selected to portray the diversity of life and culture on Earth."

Now the official explanation: www.jpl.nasa.gov/news/news.cfm

May 17, 2010

Updated May 17, 2010 at 5:00 PT.

One flip of a bit in the memory of an onboard computer appears to have caused the change in the science data pattern returning from Voyager 2, engineers at NASA's Jet Propulsion Laboratory said Monday, May 17. A value in a single memory location was changed from a 0 to a 1.

On May 12, engineers received a full memory readout from the flight data system computer, which formats the data to send back to Earth. They isolated the one bit in the memory that had changed, and they recreated the effect on a computer at JPL. They found the effect agrees with data coming down from the spacecraft. They are planning to reset the bit to its normal state on Wednesday, May 19.

CE 2 Number of posts : 265 Registration date : 2009-03-16

Bill wrote:: Hi, Eveyrbody,

As Phil Mantle knows, because he's been told this but has conveniently neglected to mention, our UFO magazine does not own the name UFO Magazine. It is owned by UFO Magazine, Inc., the company that bought the magazine from the previous owners, and continues to function as a licensing company that registered, owns, and licenses the UFO trademark in the fields of magazine publishing and television and motion pictures. Nancy and I are not owners of this company, not stockholders, and do not sit on its board.

As Phil Mantle already knows, because he's also been told this time and again, a trademark owner under the United States trademark law has the burden of defending the trademark against any possibility of confusion of that trademark so as not to lose that mark through dissolution. It's not a matter of choice. It's a burden of law. You own a trademark then you must defend that trademark or you lose that trademark.

Thus, to rail at me personally, which I find quite offensive in light of my having published his books and getting him on UFO Hunters, is not only unfair, but it has no bearing on the controversy whatsoever because the letter didn't come from me or from the magazine we publish. It came from the trademark owner. I am not the trademark owner.

But none of this information is new to Phil Mantle, who either has a very short memory or is being entirely disingenuous. He knew exactly what would happen when he availed himself of the generosity of our forum to promote his own magazine whose logo and design would prompt a trademark infringement letter from the attorney of the company that is the registered owner of the trademark UFO in the goods and services of magazine publishing in the United States. This same thing happened five years ago with the same result.

Mantle knows that if someone tried to infringe on a trademark he owned in the UK, he would bluster in outrage and be just as righteous and vigorous in defending his mark as is the owner of UFO Magazine, Inc., in the United States. So why get angry? Why send a nasty letter to Nancy and why attack me in public? Just work within the system and don't turn on your friends.

I'll be posting a lot more on this forum and blogging a lot more, too.

No amount of hiding behind 'it's not our fault' or 'it has nothing to do with us' will work. We have not infringed anyone's trademark. The letter from the attorney has not even been sent to the right person, I'm only a freelance editor and not the publisher. I must of course thank and bow down in gratitude for Bill getting me on UFO HUNTERS. Thank you guv'nor, most grateful we is. Sorry to have spoken up guv'nor, must know my place I must. The difference is you see I would never license a trademark in order to prevent others using the slogan UFO on a magazine heading as I don't see other similar publications as competition. I actually look to work with other publications and try and compliment them if at all possible. When you see UFO MATRIX MAGAZINE you will realise that not even Stevie wonder could mistake the 2 publications as being related in any way shape or form. Blog and write all you want Bill but corporate ufology is not something I wish to become involved in and it's just a shame you don't feel the same.

Philip.

Every time someone sells a book, speaks at a conference or appears on a TV show they are involved in corporate Ufology. It will be interesting to see how you avoid it.

Guest

I know a deal or two about infringement of trademark. The holder of the 1998 UFO trademark has to defend its ownership of mark and as such, must go through a legal standing procedure. Since the owner who holds the mark has to defend their right to the mark, they must do so in order to continue the mark ownership against dilution with distinction of service, namely magazine content of ufo-logy.

Since a competitor, even a friend, wants to use the UFO mark of the same distinction, the defender must show harm in usage by a competitor to weaken the mark by their usage. Weakening the mark means the mark will no longer be a trademark if it goes un-defended, which eventualy voids the mark of ownership when not defended. The same went down with history channel and the sci-fi channels use of UFO in there program titles. The trademark holder of UFO HUNTERS owns the use and can challenge anyone who uses the UFO mark for commercial or other business under the mark holders goods and service distinction.

UFO HUNTERS 11/7/07 was owned by pilgrim films and television inc and now abandoned August 12, 2008.

A&E owns UFO HUNTERS as of September 24, 2009.

The Mutual Ufo Network owns UFOHUNTERS as of December 9, 2008. The use is that of one word rather than two. And they hold the mark UFO HUNTERS May 13, 2008 as well.

Mantle1958 this is not an attempt to stop your magazine, its a cause of defending the service mark UFO.

And now, because the brilliant tactic used here by Mantle is spam -- good old American spam -- it's hard to keep track of where the argument is. Bill wrote a response on a different thread (you have to go to the thread advertising his new magazine called "Coming Soon." There, Bill also responded to the totally awful accusation that he's had someone arrested.

So, here's a case of a guy deciding that the best way to get popular is to slam the people who have only behaved in a friendly and helpful way towards him. We've published his books for many years, promoted his work, and even helped him behind the scenes when a scammer (not a spammer) tried to totally ruin him.

For that last favor, I was placed at personal risk and threatened by the bad guy. Phil knows all of this, but pretends that this "sudden" action on our part is enough to make him want to burn our magazines on a bonfire. The paranoid among us might begin to suspect that there must be something behind all of this other than jealousy and just plain boorishness.

I don't know. It's happened to me before, and still, I don't know. Sure, there are shallow disloyal people out there trying to take advantage of a situation, but really ... really? All this over a magazine launch? And one that I had been vocal about helping?

And, thank you Gigas, for an absolutely wonderful explanation of trademark! Now, if only we could legislate kindness and the business of human decency.

CE 2 Number of posts : 265 Registration date : 2009-03-16

But every time we speak at a conference or publish a book we are not intent on preventing others from doing the same. UFO MAGAZINE can say all they want but its collective responsibility and it's a shame they felt a need to trademark this in the first place thus trying to prevent any other magazine in the USA using the phrase 'UFO' in its title. Pathetic.

Philip.

CE 2 Number of posts : 265 Registration date : 2009-03-16

Nancy Birnes wrote:: And now, because the brilliant tactic used here by Mantle is spam -- good old American spam -- it's hard to keep track of where the argument is. Bill wrote a response on a different thread (you have to go to the thread advertising his new magazine called "Coming Soon." There, Bill also responded to the totally awful accusation that he's had someone arrested.

So, here's a case of a guy deciding that the best way to get popular is to slam the people who have only behaved in a friendly and helpful way towards him. We've published his books for many years, promoted his work, and even helped him behind the scenes when a scammer (not a spammer) tried to totally ruin him.

For that last favor, I was placed at personal risk and threatened by the bad guy. Phil knows all of this, but pretends that this "sudden" action on our part is enough to make him want to burn our magazines on a bonfire. The paranoid among us might begin to suspect that there must be something behind all of this other than jealousy and just plain boorishness.

I don't know. It's happened to me before, and still, I don't know. Sure, there are shallow disloyal people out there trying to take advantage of a situation, but really ... really? All this over a magazine launch? And one that I had been vocal about helping?

And, thank you Gigas, for an absolutely wonderful explanation of trademark! Now, if only we could legislate kindness and the business of human decency.

Thank you kindly ma'am, I must be grateful I must. The arragance of you and Bill leaves me almost speechless. The facts are we've helped each other in the past. I for one spent a lot of time previously getting quotes from UK printers etc when Bill was considering publishing UFO MAGAZINE in the UK. When I read your last post on your web site that UFO MAG was struggling a bit I offered to exchange ad's with you i the hope you might get a few new subscribers as a result.

The letter from the attorney was indeed sudden. Who informed UFO MAGAZINE, inc of our magazine's publication ? was it you Nancy ? Or was it Bill ? Or are they just psychic ? Irrespective, UFO MATRIX MAGAZINE will be published as scheduled and you can tell the attorney that from me. When it comes to loyalty may I respectfully suggest you look up the word in the dictionary as you've no idea of what it means.

As for Maurzio being arrested at Laughlin, ask him yourself. My collection of UFO MAGAZINE and CALIFORNIA UFO is now in the bin. Goodbye UFO MAGAZINE and the next time the attorney sends a letter can you make sure they send it to the right person and get their facts right as well. KIndness and human decency, what a laugh.

Philip.

mantle1958 wrote:: But every time we speak at a conference or publish a book we are not intent on preventing others from doing the same. UFO MAGAZINE can say all they want but its collective responsibility and it's a shame they felt a need to trademark this in the first place thus trying to prevent any other magazine in the USA using the phrase 'UFO' in its title. Pathetic.

Philip.

It doesn't prevent anyone from using UFO in the title. If they hadn't trademarked it anyone could call their magazine UFO Magazine. I am sure you wouldn't like other people publishing and calling something UFO Matrix Magazine.

That is it for me, I will let you and Bill go at it on Future Theater. It is far too over-dramatic for my taste since nobody is preventing you from publishing your magazine.

CE 2 Number of posts : 265 Registration date : 2009-03-16

Having spoken with my legal advisor on the phone this morning I have been advised to say nothing more until I meet with them to discuss the situation further.

Philip.

Subject: Silence At Last Thu May 20, 2010 9:07 pm

It is good news, indeed, that Phil Mantle says he will accede to his "legal adviser's" advice, go silent, and spare us all from his incessant caviling about things that have no bearing whatsoever on the issues set forth in the letter he received. And perhaps this same advice will make it clear that for him to berate individuals who have no dog in this hunt -- actually, no hound in this chase -- makes him look like a very small culprit who got caught with his hand in a cookie jar, or rather, a tray of scones.

So until next time, let's allow the parties in standing to work out their differences.

CE 2 Number of posts : 265 Registration date : 2009-03-16

Bill wrote:: It is good news, indeed, that Phil Mantle says he will accede to his "legal adviser's" advice, go silent, and spare us all from his incessant caviling about things that have no bearing whatsoever on the issues set forth in the letter he received. And perhaps this same advice will make it clear that for him to berate individuals who have no dog in this hunt -- actually, no hound in this chase -- makes him look like a very small culprit who got caught with his hand in a cookie jar, or rather, a tray of scones.

So until next time, let's allow the parties in standing to work out their differences.

Collective responsibility Birnes old boy. You know it and so do I. You can wriggle all you want but it won't wash I'm afraid. My legal advisor simply told be that it has nothing to do with me so to just let the relevant parties deal with it accordingly. But your hands are stained Birnes and no amount of washing can clean them. If anyone has been caught with their hand i the cookie jar it's you old boy and you know it. I do apologise for linking you with the Maurizio Baiata affair but you see Birnes I can admit when I'm wrong, shame you can't., but then again it takes a man to admit when they are wrong doesn't it.

Despite all of this I wish UFO MAGAZINE every success. I'm only interested in the UFO subject and don't self-style myself as anything Birnes and I never have. I have servered all ties with your magazine but do not wish to see the magazine suffer in any way as I believe in the importance of ufology. I'm not interested in trade marks in order to try and prevent other publications using the phrase UFO nor is UFO MATRIX afraid of competition as we do not see ufology as a competetive sport nor just a commercial work. Instead we welcome cooperation with other publications around the world and would never dream of either directly or indirectly threatening legal action against any of them not matter what logo they use on their cover.

I might be old school but I still believe in freedom of speech and freedom of the press so you know what you can do with your silly trade mark as far as I'm concerned.

Have a nice day Birnes.

Philip.

CE 2 Number of posts : 265 Registration date : 2009-03-16

Lesley wrote:

mantle1958 wrote:: But every time we speak at a conference or publish a book we are not intent on preventing others from doing the same. UFO MAGAZINE can say all they want but its collective responsibility and it's a shame they felt a need to trademark this in the first place thus trying to prevent any other magazine in the USA using the phrase 'UFO' in its title. Pathetic.

Philip.

It doesn't prevent anyone from using UFO in the title. If they hadn't trademarked it anyone could call their magazine UFO Magazine. I am sure you wouldn't like other people publishing and calling something UFO Matrix Magazine.

That is it for me, I will let you and Bill go at it on Future Theater. It is far too over-dramatic for my taste since nobody is preventing you from publishing your magazine.

UFO MAGAZINE Inc would if they had their way I can assure you but they will fail. UFO MATRIX will be published and no amount of silly letters from attorneys will prevent it. If you want I'll gladly send you a free copy then you can judge for yourself if the two magazines could be mistaken as being from the same source. Fair ?

Philip.

Maybe you've got nothing to worry about, Mantle.

US copyright judgment cannot be enforced in English jurisdiction

Well, except for the fact that you're acting like a bit of a jerk. Especially if a third party actually owns the copyright for UFO Magazine, and it's they who are taking action, not UFO Magazine itself.

Guest

I'm hopeing that for the sake of global Ufology this relationship can be put back on track. This public squabling is hurting Ufology, no doubt about that. Name calling will not help this subject either!

Best wishes, Mac 5.

Oops. I probably should have taken a look at UFO Matrix first. If it was based in the US, there would have already been an injunction to take down that image. The logo is extremely similar.

Perhaps someone with artistic talent can offer up a new logo. That would be the easiest way to solve everything.

CE 2 Number of posts : 265 Registration date : 2009-03-16

You could be right as we are published in the UK not the USA. We may indeed alter the design of the logo but that's not what the attorneys letter is referring to I can assure you. It is the phrase 'UFO' being used in conjunction with a magazine. You could write UFO any way you like and argue that it looks 'similar'. But the point still remains as to why you would want to trademark it. My opinion is simply to prevent others using it, in other words to try and stop the competition. But like I've said previously, it's now with the legal people and has nothing to do with me. The attorney couldn't even send it to the right person. If Birnes Inc want to waste their money on a legal issue that's up to them of course. Maybe they should try and copyright the word UFO so that no one can use it again ever. Now there's a thought........................Remember the old phrase 'oh what a tangled web we weave'............I think it might just apply here.

mantle1958 wrote:: You could be right as we are published in the UK not the USA. We may indeed alter the design of the logo but that's not what the attorneys letter is referring to I can assure you. It is the phrase 'UFO' being used in conjunction with a magazine.

Was there a similar problem with UFO Data magazine when it was in print?

As far as the trademark issue, I think that being in the UK you have little to worry about unless they have some sort of trademark there as well.

And concerning the similar logo, that can be argued as traditional in UFO publications. Look at "Official UFO" and "UFO Universe." Beckley just took their logo and slanted the lettering. The big difference in that Myron Fass's magazine was long defunct by the time Timothy Beckley started using a very similar logo.

CE 2 Number of posts : 265 Registration date : 2009-03-16

I believe UFO DATA did indeed have ther very same attorney's letter. Birnes links me to this but he is mistaken. I worked for UFO DATA free of charge and it was actually owned by Russ Callaghan and Mick Buckley. I find it all so petty to be honest and will allow the powers-that-be to sort it out. Why it was sent to me in the first place is another mystery as I am only the freelance editor of UFO MATRX and not the publisher. If the attorney cannot even send it to the right person then what does it say about it's contents ?

Regards,

Philip.

www.healingsofatlantis.com

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