Domain Infringement and Response by Dietmar Kirves

Lawsuit by Lawyer Anthony Williams | New York | February 24, 2011

 see original | send by UPS Express envelope

Dear Mr. Kirves:

Our firm is counsel to the BORIS LURIE ART FOUNDATION (the "Foundation"). As you may know, the Boris Lurie Art Foundation is an organization that provides art-related services to preserve and promote the legacy of Boris Lurie and the NO!ART movement. In connection therewith, the Foundation has long­standing trademark rights in the NO!ART TRADEMARK (the "Mark") and owns numerous international and U.S. trademark registrations and applications. The Mark is very valuable to the Foundation and, as a result, the Foundation has developed specific guidelines relating to any and all uses of the Mark and assiduously polices the use of the same.

It has recently come to our attention that, despite the Foundation's rights in and to the Mark, you have registered the domain name no-art.info (the "Domain Name"), which is confusingly similar to the Mark. Please note that the manner of your registration and use of the Domain Name, in our opinion, constitutes "bad faith" under the ICANN Uniform Domain Name Dispute Resolution Policy. Accordingly our client will be entitled to expedited transfer of the domain name registration via ICANN arbitration.

To that end, our client demands that you immediately take any and all action required to transfer the registration of the Domain Name, as well as any and all other domain names comprised of our client's names or marks or variations thereof that you have registered, to the Boris Lurie Art Foundation, If we do not receive express written confirmation of your compliance by March 15, 2011, our client will pursue other legal remedies.

Please note that this letter is made without prejudice to any other rights or remedies that may be available to the Boris Lurie Art Foundation. Nothing contained herein should be deemed a waiver, admission or license by the Boris Lurie Art Foundation, and the Boris Lurie Art Foundation expressly reserves the right to assert any other factual or legal positions as additional facts come to light, or as the circumstances warrant.

Very truly yours,
 Anthony Williams
Cc: Gertrude Stein
Catherine Warwick | Asst. to Anthony Williams
DLA Piper LLP (US) | 1251 Avenue of the Americas | New York, New York 10020-1104

catherine.warwick@dlapiper.com  |   www.dlapiper.com
 

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Anthony WilliamsANTHONY WILLIAMS: As a senior partner in DLA Piper's Corporate and Securities group in New York, Mr. Williams works on commercial transactions, including mergers and acquisitions, private equity investments and financings for American, European and Asian clients. He brings to his practice extensive international experience in financial management, investments, accounting and business development.
Current directorships include AXA Art Insurance, Inc.; Intelligent Engineering, Ltd. (Advisory Board); Mannheim Media LLC; Plymouth Holdings Limited, a British Virgin Islands investment company; R&W Holdings, LLC; Cooper River Partners, LLC; and Senetek PLC, on which he serves as Vice Chairman.
Mr. Williams serves on a number of civic/charitable boards, including as Vice Chairman of the board of HELP USA, Inc., a developer and operator of transitional and low-income housing for the homeless and poor; Chairman of the board of the Harvard/MIT Joint Venture – Health Sciences and Technology; Director of the Friends of the Heidelberg Center for American Studies; Robert F. Kennedy Center for Justice and Human Rights (Executive Committee); the Bermuda Institute of Ocean Sciences; the German American Chamber of Commerce; and City University of New York – Business Leadership Council.

RESPONSE BY DIETMAR KIRVES

NO!art versus ON!art


   From: "NO!art headquarters" <contact@no-art.info>

   To: "Warwick, Catherine" <Catherine.Warwick@dlapiper.com>
   Copy: "Gertrude Stein" <gsteinny@aol.com>
   Subject: 110225_infringement_at_no-art-info
   Date: , Sat, February 26, 2011 at 02:09 am

   Dear Catherine Warwick,

   please send me your matter in German. I'm not so perfectly
   in your language, in your visions about art law, and in US rights.
   I saw in the WWW that you have an office in Berlin.

   Please contact me by your attorney there.

   Best greetings from Berlin to you and Gertrude

      Dietmar Kirves
 

NO!art WEBSITE
ARRANGED BY DIETMAR KIRVES AND BORIS LURIE | ONLINE SINCE 1999

The NO!art headquarter archives enclose more than 120 document files with works on NO!art. On the NO!art website you can see more than 14 thousand documents for your involvement and we had 1.5 million hits on our NO!art website last year. See the STATISTICS. So what can Gertrude Stein do to change this big history with her lawyers and her money?

NO!art website site since November 5, 1999 | see registration document

COMMENT: For a deeper appreciation of Lurie's prolific output, as well as his importance, you have to go to the comprehensive Web site NO!art created and maintained by Dietmar Kirves. It is revelatory. There you will find more than 100 images of Lurie's paintings, assemblages, collages, multiples, etchings, posters, sculptures and mixed media works, along with detailed biographical notes, extensive interviews, a filmography of documentaries about him, and critiques, press reports and essays that appeared over the years. | arts journal, New York 2008
 

NO!art WEB REGISTRATION ON NOV 5, 1999

see original
 see the original

NO!art INVOLVED ARTISTS UP TO 2014

ARMENTO, Rocco
ARONOVICI, Isser
BAJ, Enrico
BARATELLA, Paolo
BROWN, Herb
BRUNET, Ronaldo
BRUNO S.
BRUS, Guenter
CHORBADZHIEV, Krum
D'ARCANGELO, Allan
DAYEN, Aleksey
DE RUVO, Frederica
EHM-MARKS, Frank
ERRO
FABRICIUS, Klaus
FISHER, Stanley
GATEWOOD, Charles
GEORGES, Paul
GERZ, Jochen
GILLESPIE, Dorothy
GILMAN, Esther M.
GOLDMAN, Amikam
GOLUB, Leon
GOODMAN, Sam
HALLMANN, Blalla W.
HASS, Harry
HJULER, Detlev
KAPROW, Allan
KIRVES, Dietmar
KUSAMA, Yayoi
KUZMINSKY, Konstantin K.
LEBEL, Jean-Jacques
LEVITT, Martin
LONG, Suzanne
LURIE, Boris
MAMA BAER
MASTRANGELO, Enzo
MEAD, Stu
MESECK, Peter
PATTERSON, Clayton
PICARD, Lil
PINCHEVSKY, Leonid
RAMSAUER, Birgit
RANCILLAC, Bernard
ROUSSEL, Brigitte
SALMON, Naomi T.
SCHEIBNER, Reinhard
SCHLEINSTEIN, Bruno
STAHLBERG, Dominik
STUART, Michelle
TAMBELLINI, Aldo
TOBOCMAN, Seth
TOCHE, Jean
TSUCHIYA, Toyo
VOSTELL, Wolf
WALL, Friedrich
WOLF, Mathilda
WOOD, Harriet
WOYTASIK, Natalia E.
ZOWNIR, Miron
Welcomes correspondence from anyone and anywhere on this globe.
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