Anyone know of a good Internet Enforcement lawyer?

[EliteWebmaster]

I was wondering if anyone knows of a good lawyers firm specializing in Internet Enforcement type cases. I think I have the basis for a good lawsuit against Oakley, their attorneys representing them over at Greer Burns & Crain, and quite possibly against Paypal.

Long story short, I owned a domain and when I dropped the domain and didn't renew it, godaddy releases it to the public as is often the case. Someone bought my old domain, and used it (I assume) to sell counterfeit Oakley merchandise. Oakley had the domain seized and brought legal proceedings against the guilty individuals. This is where the story goes terribly wrong (at least for me), Greer Burns & Crain goes after ME by informing Paypal that they are working on behalf of Oakley regarding this Case No. 14-CV-5718 and they have a temporary restraining order against me. And then in October, they instruct Paypal to garnish my Paypal funds because of this Case in favor of Oakley.

Yes, that's right folks, Oakley gets Paypal to garnish my funds in this case.
All the while, I was NEVER the owner of the domain as it was dropped and not renewed. All of this can be backed up by Godaddy because I even received a cancellation from Godaddy informing me of the cancellation of this domain back in July 1, 2014, this is way before any criminal activity took place.

I sent this letter below to Greer Burns & Crain ([email protected]) as these were the attorneys working on behalf of Oakley who ordered the temporary restraining order and garnishing of my Paypal funds.

To whom it may concern,

I have CC a copy of all parties involved in this potential lawsuit (Paypal, Ebay, Oakley).

Summary:

I have been informed by Paypal that you placed a restraining order and garnished funds from my Paypal account regarding a matter between Oakley vs Partnerships Case No. 14-CV-5718 relating to the sale of counterfeit goods bearing Oakley and Ray Ban trademarks.

First of all, I want to stress that I have NEVER EVER sold any type of Oakley or Ray Ban sunglasses on my site. The site in question was "DynastyEmpires.com". I owned the domain for a few years and it operated as a Video Game site right until I closed down the video game site sometime in May 2014. You can see screenshots of the video game site on Achive.org which is well known web archive site that screenshots domains. And if you check Archive.org, you will see the actual video game site that I had owned:
https://web.archive.org/web/20140517...tyempires.com/

If you did your due diligence, you would have seen that the domain was NOT RENEWED by me and DROPPED. This can be all verified by Godaddy.com if your firm did the proper investigation into the domain name. I have proof and have attached it in attachment showing the cancellation of the domain by Godaddy.com in July 1, 2014 showing that the domain "DynastyEmpires.com" was cancelled on my account on July 1, 2014 as I did NOT RENEW the domain. The domain was then released to the public by Godaddy to be registered again. I stress once again, I DID NOT OWN Dynasty Empires after July 1,2014

Your firm has unjustly accused me of something I had no part of or any knowledge of. It's the equivalent of me owning a car that I owned but sold, and then the car was used in a criminal activity and I am accused of wrongdoing?

I will be seeking legal counsel to discuss proceeding with a lawsuit regarding this matter against your firm Greer Burns & Crain, Oakley, Inc, and Paypal including it's parent company Ebay for falsely accusing me of criminal activites in this matter, listing me in court documents, unjustly garnishing my assets in my paypal account, etc.. unless a settlement is reached that is amicable and satisfy this unjustly false accusation.

I will await to hear from you and your solution to this matter in your earliest convenience. Govern yourself accordingly,

[EliteWebmaster]

Here is the proof from Godaddy showing the domain being deleted from my account on July 1, 2014

[Matt 26z]

Was the receipt of the PayPal account garnishment the first time you were made aware of this lawsuit?

[FriendsForNow]

What was the legal foundation why Oakley had your Paypal garnished?
Did you contact Paypal concerning this in their resolution center?
Did you call Paypal?
Do you have a current domain who-is?
Screen capture of your godaddy domain list with Dynastyempires excluded?
Statement from Godaddy verifying?

If you have proof this domain was not under your control, this issue could be a easy non attorney fix.

[TheSquealer]

You're a fucking idiot.

Wow.

You want to resolve the situation and you opt to do it by threatening the very law firm that can help you with a lawsuit? Are you seriously this fucking stupid? Dumbass. Let us all know how well this works out for you.

[EliteWebmaster]

Originally Posted by Matt 26z

Was the receipt of the PayPal account garnishment the first time you were made aware of this lawsuit?

Yes, the receipt of the Paypal account garnishment the first time I was made aware of this. I had no clue anything out of the ordinary was going on until I logged in and couldn't access my funds.

Originally Posted by FriendsForNow

What was the legal foundation why Oakley had your Paypal garnished?
Did you contact Paypal concerning this in their resolution center?
Did you call Paypal?
Do you have a current domain who-is?
Screen capture of your godaddy domain list with Dynastyempires excluded?
Statement from Godaddy verifying?

If you have proof this domain was not under your control, this issue could be a easy non attorney fix.

To the best of my knowledge, there was no legal foundation why Oakley had my Paypal funds garnished. It was simply put, incompetence on their attorneys and investigating officers that they didn't do their due diligence in finding out that the domain was dropped and not renewed by myself.
Paypal's position is that they won't do anything because of they have been instructed by Greer Burns & Crain to seize my assets on behalf of Oakley.

The current domain who is:
Registrant Name: Court Dispute Court Dispute
Registrant Organization: Oakley, Inc. v. The Partnerships et al
Registrant Street: 1 Icon
Registrant City: Foothill Ranch
Registrant State/Province: California
Registrant Postal Code: 92610
Registrant Country: United States
Registrant Phone: +1.9496726973

Yes, I have proof that the domain was not in my control nor did I own the domain after July 1, 2014.

If they (the attorneys and investigators) used a tool like domaintools:
Dynastyempires.com - Whois History - DomainTools

They would have seen the domain being dropped and someone else registering it.

I know they have no legal legs to stand on this, but at this point, they messed up my business as I am crippled so to speak without the ability to access my funds or my Paypal account to do my business so that's why I am seriously considering a lawsuit because this is the case of Oakley's and their attorneys incompetence.

[onwebcam]

So in 5 months someone registered the name, started selling knockoffs, got sued, judgement rendered and garnishments placed.. Wow.. These guys are fast. I'm surprised they stepped foot in a courtroom in 5 months.

[EliteWebmaster]

Originally Posted by TheSquealer

You're a fucking idiot.

Wow.

You want to resolve the situation and you opt to do it by threatening the very law firm that can help you with a lawsuit? Are you seriously this fucking stupid? Dumbass. Let us all know how well this works out for you.

Speak for yourself dumbass, you got to be the dumbest motherfucker on GFY.
Understand this, because of Oakley and their attorneys, I have to waste MY TIME that can be better spent on something else trying to sort out a mess that is not mine.
My account is frozen, my funds have been given to Oakley for something I am innocent of.
Because of this, I sustain Loss of Revenue from my business, not being able to make purchases at places like GFY since I do most of my business at this time of the year buying content, sites, etc.. since I don't:
(1) have access to my Paypal account
(2) no access to my funds

And you call me an idiot for being pissed off and wanting to sue them? Give your head a shake, this multibillion dollar company Oakley and their attorneys fucked up badly dragging my name through the mud, freezing my assets and garnishing my assets without doing what amounts to a simple 5 minutes of investigation which they could have ascertain that I was not even in the ballpark to be included in their investigation.

Please shut the fuck up because you are the only one who sounds like an idiot here

[EliteWebmaster]

Originally Posted by onwebcam

So in 5 months someone registered the name, started selling knockoffs, got sued, judgement rendered and garnishments placed.. Wow.. These guys are fast. I'm surprised they stepped foot in a courtroom in 5 months.

I think the domain was registered the minute it was dropped because from the time Godaddy informed me that the domain was cancelled from my account July 1, 2014 (expired in sometime May), and these clowns garnishing my funds from Paypal on Oct, that's less than 3 months.

I owned the domain since 2009 so I had it for approx 5 years running the video gaming site. There is still backlinks to my gaming site on google from various RPG gaming sites. If they only checked, they would have seen it was a drastic turnaround of a gaming site 2009 to some pirated good site. That should have been an obvious clue to something not being right

[Rebel D]

Wow . Good luck with this

[PornDiscounts-V]

Shoot dicks.

You definitely have a case against them for harassment and could get some money for defamation.

[mikesouth]

Originally Posted by vvvvv

Shoot dicks.

You definitely have a case against them for harassment and could get some money for defamation.

I would contact Mark randazza

[LAJ]

I'll hit ya up on ICQ. I work with attorney Eric Bernstein and he might be able to work with you on this.

[NALEM]

Originally Posted by EliteWebmaster

I was wondering if anyone knows of a good lawyers firm specializing in Internet Enforcement type cases. I think I have the basis for a good lawsuit against Oakley, their attorneys representing them over at Greer Burns & Crain, and quite possibly against Paypal.

If you are truly innocent in this case, there is a simple and effective way to get Oakley and the law firm off your back without a lawyer. Write me directly:

alex AT nalem DOT com

[Mickey_]

[EliteWebmaster]

Just an update guys, here is what Greer, Burns & Crain Ltd. sent me this email today. I love the fact they claim no involvement in the seizure of my funds and claim I was not "named as a party in the case and your email address is not listed anywhere in the case". Really? Then why did Paypal say I should contact Greer, Burns, & Crain as shown below when Paypal email me. And why the hell was my funds seized? I love the 2nd last paragraph of their email where they try to wash their hands of this by saying they are not liable for this for "by the actions independently taken by PayPal." Right, Paypal on their own decided to seize my funds and give it to your client right?





From:
"Attorney" <[email protected]>
To:
"'Nikki F'" <[email protected]>
Full Headers Printable View
Dear Nikki:

We represent Oakley, Inc. in a lawsuit against Chinese based counterfeiters.
We confirm that you were not named as a party in the case and your email
address is not listed anywhere in the case. As such, we are unsure why
PayPal restrained your account, as we did not instruct them to do so.

Our firm and our client had no involvement in the actions that led to your
inclusion in the PayPal freeze, other than to obtain a proper injunction
against counterfeiting entities. Your PayPal account was limited due
PayPal?s internal (and unknown to us) linking procedure. Any claim for
damages needs to be with PayPal, not our client (and certainly not with
GBC). You were never named as a defendant in the case and only received
emails from us because PayPal told us that they had linked your client?s
account to an actual counterfeiter in our case. Every action that GBC took
was proper and in compliance with the law.

Oakley's reliance on PayPal is reasonable under the circumstances, because
Oakley faces massive challenges in shutting down Chinese based counterfeit
websites. Chinese based counterfeiters go to great lengths to conceal their
identities and often use multiple fictitious names and addresses to register
and operate their massive network of Internet stores. In just the last 12
months Oakley has shut down over 6,500 counterfeit websites. Many of the
names and addresses used to register the website Internet stores are
incomplete, contain randomly typed letters, or fail to include cities or
states. Other domain names use privacy services that conceal the owners?
identity and contact information. They constantly create new Internet
stores using new fictitious names and addresses, including stealing
identities from their US based customers. In addition, they hijack
legitimate websites, email account and PayPal accounts, then use them to
facilitate the sale of counterfeit products. We have run across each of
these types of behavior over the past year in pursuing Chinese
counterfeiters on behalf of our clients.

For these reasons, there is no liability that attaches to our firm or our
client by the actions independently taken by PayPal.

In any case, we have contacted PayPal to request that they remove any
restriction placed on your account. Generally this process takes about one
business day. We will follow up with you once PayPal confirms that the
restraint has been lifted.

Sincerely,

Greer, Burns & Crain Ltd.

[EliteWebmaster]

Originally Posted by LAJ

I'll hit ya up on ICQ. I work with attorney Eric Bernstein and he might be able to work with you on this.

Thanks for the email Jay, I appreciate it. I sent you an email reply.

Originally Posted by mikesouth

I would contact Mark randazza

Hi Mike, do you have the contact info for Mark Randazza?

Originally Posted by vvvvv

Shoot dicks.

You definitely have a case against them for harassment and could get some money for defamation.

Yup, I'm thinking it's a clear cut case of defamation and lost of revenue.

[Dead]

Damn this place is slipping

[FriendsForNow]

Hope things work out for you.

[xXXtesy10]

Originally Posted by TheSquealer

You're a fucking idiot.

Wow.

You want to resolve the situation and you opt to do it by threatening the very law firm that can help you with a lawsuit? Are you seriously this fucking stupid? Dumbass. Let us all know how well this works out for you.

this post ^^^^^^

[Barry-xlovecam]

You will have a very hard time collecting damages.

If Oakley's Attorneys are cooperative forward that email to the Paypal Legal Department in printed form, certified mail, return receipt -- try to make some shit flow downhill and get your money released.

Paypal probably got a call from an Oakley representative threatening them with a legal action and acted ex parte and arbitrarily. That's Paypal's corporate culture in my experience.

[EliteWebmaster]

Originally Posted by xXXtesy10

this post ^^^^^^

It's called "Conflict of interest". Their firm cannot represent me in any lawsuit because they were representing Oakley in the first place. Not to mention, it was their actions that brought this on in the first place. They were the ones (according to Paypal) who was responsible for the court order against me as stated in Paypal's email to me.

Geessh I wonder about the intelligence of some people these days like xXXtesy10.

[EliteWebmaster]

Originally Posted by Barry-xlovecam

You will have a very hard time collecting damages.

If Oakley's Attorneys are cooperative forward that email to the Paypal Legal Department in printed form, certified mail, return receipt -- try to make some shit flow downhill and get your money released.

Paypal probably got a call from an Oakley representative threatening them with a legal action and acted ex parte and arbitrarily. That's Paypal's corporate culture in my experience.

No Paypal specifically said they got "a restraining order" from these guys to freeze my funds. And Paypal doesn't have my funds any longer mmmmmm. The funds are clearly in the hands of the people representing Oakley now. So I don't think Paypal would release funds unless there was judgement/enforcement order from a judge.

And it's irrelevant that they might be cooperative now. I was NEVER SERVED any legal documentation to me. If they had my name, email, they would have also had my whois from the time I owned the domain name. I was never contacted by the attorneys regarding this case.

The bottom line is I got dragged into this mess and if only they did their due diligence which would have taken 5 minutes that any newbie could do, they would have seen I was not even the owner of the domain. Their incompetence is where this potential lawsuit will be the basis on. Firms/Corporations have been sued for much less reasons and won, mine is as clear cut as it gets. It's an easy win for any attorney firm litigating this lawsuit. Not to mention, the media would have field day. And the publicity for their attorney's firm and Oakley would be a disaster. Tell me what intellectual property corporation in the future would hire this firm again when they can't do a simple investigation and potentially cost their clients punitive damages in lawsuits rather than win lawsuits against the actual pirates.

[xXXtesy10]

Originally Posted by EliteWebmaster

Geessh I wonder about the intelligence of some people these days like xXXtesy10.

last check, no lawsuit here dumbass

[TheSquealer]

Originally Posted by EliteWebmaster

It's called "Conflict of interest". Their firm cannot represent me in any lawsuit because they were representing Oakley in the first place. Not to mention, it was their actions that brought this on in the first place. They were the ones (according to Paypal) who was responsible for the court order against me as stated in Paypal's email to me.

Geessh I wonder about the intelligence of some people these days like xXXtesy10.

Look dipshit. They did something. They could have undone it for you quickly and easily had you had the maturity level of at least a wise 10 year old and acted respectful, professional and mature.

Now you've threatened them and their client with a lawsuit. They will never help you in a million years, they will adopt a defensive position, admit no mistakes and fuck you further because they can afford to and you can't afford to fight them. You think they work for free fuckwit? Lawyers care about one thing and one thing only,... billable hours. All you are doing is causing Oakley to pay them more money so they can fuck with you.

You're a moron. Plain and simple.

[EliteWebmaster]

Originally Posted by TheSquealer

Look dipshit. They did something. They could have undone it for you quickly and easily had you had the maturity level of at least a wise 10 year old and acted respectful, professional and mature.

Now you've threatened them and their client with a lawsuit. They will never help you in a million years, they will adopt a defensive position, admit no mistakes and fuck you further because they can afford to and you can't afford to fight them. You think they work for free fuckwit? Lawyers care about one thing and one thing only,... billable hours. All you are doing is causing Oakley to pay them more money so they can fuck with you.

You're a moron. Plain and simple.

You and your multi xXXetasy can keep talking but I'm not bothering to even read your stupid shit.

[TheSquealer]

Right. Because as we have established, you are super smart. So smart that you are threatening a monster corporate law firm with a lawsuit which they'll make last 10 years. Then they'll counter sue as is standard and you'll be fighting that too - but you're fine because you are really smart. So smart that you've cleverly maneuvered yourself into a place that's lose/lose/lose for you.

[EliteWebmaster]

Originally Posted by TheSquealer

Right. Because as we have established, you are super smart. So smart that you are threatening a monster corporate law firm with a lawsuit which they'll make last 10 years. Ten they'll counter sue as is standard and you'll be fighting that too - but you're fine because you are really smart. So smart that you've cleverly maneuvered yourself into a place that's lose/lose/lose for you.

Oh so because I'm a small fry, I should let a monster corporate law firm just walk all over me, mess up my business, take my money and I should just be ok with it? And I should be afraid of them counter suing me? For what? Being innocent of all charges? Makes sense . Go back to being a keyboard warrior.

This is the last response to you and your multi.

For the record, there is no lose lose lose for me you idiot. I am in the right in every way. They even confirmed I am innocent in this matter. Worst case, I lose the lawsuit, best case I win. I have nothing to lose to take this matter further. This is defamation 101.

Goodbye you clown, putting you on ignore as you are clearly an idiot

[TheSquealer]

Yeah... You are "right". You've clearly never been involved in litigation. That's not at all how it works. You might be "right" but that has nothing at all to do with winning a lawsuit with some one that can make it last and make you bleed out before it's over.

Btw, worst case, you lose the lawsuit,... are then liable for their legal expenses and you still get stuck fighting a counter suit.

[Useless Warrior]

Where does it say that your funds have been handed over to Oakley? Paypal put a lock on your account on their own accord, and now Oakley's attorneys have requested that that lock be removed. Once you emailed them threatening legal action, they didn't have to respond with anything more than, "Fine. Have your attorney contact us. We can no longer discuss this with you directly."

[xXXtesy10]

Originally Posted by EliteWebmaster

Oh so because I'm a small fry, I should let a monster corporate law firm just walk all over me, mess up my business, take my money and I should just be ok with it? And I should be afraid of them counter suing me? For what? Being innocent of all charges? Makes sense . Go back to being a keyboard warrior.

This is the last response to you and your multi.

For the record, there is no lose lose lose for me you idiot. I am in the right in every way. They even confirmed I am innocent in this matter. Worst case, I lose the lawsuit, best case I win. I have nothing to lose to take this matter further. This is defamation 101.

Goodbye you clown, putting you on ignore as you are clearly an idiot

[MrBottomTooth]

Well i dont know if pursuing a lawsuit is a great idea, but his threat already appears to have worked. They're contacting paypal and are trying to get his funds freed up for him. Not sure you could expect a better result than that.

[EliteWebmaster]

Originally Posted by Useless Warrior

Where does it say that your funds have been handed over to Oakley? Paypal put a lock on your account on their own accord, and now Oakley's attorneys have requested that that lock be removed. Once you emailed them threatening legal action, they didn't have to respond with anything more than, "Fine. Have your attorney contact us. We can no longer discuss this with you directly."

I have been informed the attorney representing Oakley has my funds. PayPal is no longer in procession of my funds. That's a guaranteed fact at this point.

[Barry-xlovecam]

I smell bullshit.

A restraining order?

Asset freezing - Wikipedia, the free encyclopedia

Unless there was an execution of a court judgement against you, that attorney cannot take your funds. Attorneys need a writ of execution from a court.

[EliteWebmaster]

Originally Posted by MrBottomTooth

Well i dont know if pursuing a lawsuit is a great idea, but his threat already appears to have worked. They're contacting paypal and are trying to get his funds freed up for him. Not sure you could expect a better result than that.

The lawsuit against Oakley and the attorneys is an avenue worth exploring. Yes they know they goofed on the handling of this matter. The part that further infuriated me is that they tried to claim they had nothing to do with it. Clearly they did otherwise PayPal would not have acted against me and furthermore give my funds to the attorneys representing Oakley.

[EliteWebmaster]

Originally Posted by Barry-xlovecam

I smell bullshit.

A restraining order?

Asset freezing - Wikipedia, the free encyclopedia

Unless there was an execution of a court judgement against you, that attorney cannot take your funds. You need a writ of execution from a court.

That's exactly what I am thinking. So much of this smells fishy. The pic I posted above is what PayPal sent me. Hence why I am considering suing