DLA Piper LLP (US) | 1251 Avenue of the Americas, 27th Floor
New York, New York 10020-1104 | www.dlapiper.com
OUR FILE NO. 371888-000002 | February 17, 2011
Via Courier and Electronic Mail
Dietmar Kirves | NO!Art
Boppstr. 9 | Berlin GERMANY 10967 | email@example.com
Domain Name Infringement at <no-art.info>
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,
Catherine Warwick | Assistant to Anthony Williams
Copy to: Gertrude Stein
►firstname.lastname@example.org | ►www.dlapiper.com
 The Boris Lurie Art Foundation was founded 2009 ►Mail from 08-11-2009
 The trademark was registered by the Foundation on 06-11-2010. The protest period ends on 03-22-2011.
The NO!art website exists since 11-05-1999, so up to now twelve years and the collaboration with Boris Lurie since 1978, so up to now thirty years.
Gertrude Stein, who appears as plaintiff here, is a former girlfriend of Boris Lurie from the 1960s. Her last exhibition on the NO!art movement was the Goodman Memorial Show in New York in 1967. Since then she has done nothing to promote NO!art, although she runs and owns a gallery herself. At various times Boris Lurie and Gertrude Stein were even estranged. In 2008 she changed Boris' will in the hospital in her favor [►$80 million]. In 2009 - a year and a half after Boris Lurie's death - she founded the Boris Lurie Art Foundation, arranged two exhibitions in other galleries solely on Boris Lurie, and launched her website ►www.borislurieart.org
. Without asking, she copied numerous texts from our NO!art archive into her website - even in their original form - and restricted the artists involved in NO!art to those she liked.
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ANTHONY 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. ►more
RESPONSE by DIETMAR KIRVES
From: "NO!art headquarters" <email@example.com>
To: "Warwick, Catherine" <Catherine.Warwick@dlapiper.com>
Copy: "Gertrude Stein" <firstname.lastname@example.org>
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
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?
COMMENT: Jan Hermann on Jan 20, 2008 in arts journal, New York: 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.
NO!art involved Artists: ARMENTO + ARONOVICI + BAJ + BARATELLA + BECHER + BROWN + BRUNET + BRUNO S + BRUS + CHORBADZHIEV + D'ARCANGELO + DAYEN + DE RUVO + EHM-MARKS + ERRO + FABRICIUS + FISHER + GATEWOOD + GEORGES + GERZ + GILLESPIE + GILMAN + GOLDMAN + GOLUB + GOODMAN + HALLMANN + HASS + HJULER + KAPROW + KIRVES + KUSAMA + KUZMINSKY + LEBEL + LEVITT + LONG + LST + LURIE + MASTRANGELO + MEAD + MESECK + PATTERSON + PICARD + PINCHEVSKY + RAMSAUER + RANCILLAC + ROUSSEL + SALLES + SALMON + SCHEIBNER + SCHLEINSTEIN + STAHLBERG + STUART + TAMBELLINI + TOBOCMAN + TOCHE + TSUCHIYA + VOSTELL + WALL + WOLF + WOOD + WOYTASIK + ZOWNIR
►more on protest-page