HOA demands resident's web site come down

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From the story above. "Grievances and propaganda" is how the association's attorney described the Web site's content, in a certified letter Aug. 9 demanding that Zaki cease any use therein of the trademarked name The Hamptons.
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on 9/21/2007 12:19 PM Kurt Ullman said the following:

They can't copyright the word 'Hamptons'. They might even be on shaky grounds copywriting "The Hamptons" "The Hamptons" is a common reference for the region in Suffolk County, Long Island NY that is a summer home to many of the elite and famous. See also this site: http://www.thehamptons.com/toc.html (TheHamptons.com)
The association's lawyer's letter to the web site owner stated that it is forbidden to use the logos, trademarks, or designs of the community.
"19.3 Promotional Events: ... All logos, trademarks, and designs used in connection with The Hamptons are the property of Developer, and the Association shall have no right to use the same after the Community Completion Date except with the express written permission of Developer. -------------------------------- Pursuant to Florida Statutes Section 495.15 1, the Association has the right to bring a suit for injunction to defend its logos, trademarks, and designs against anyone who wrongfully uses the same or similar logos, trademarks and designs. That Section states as follows:
The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction and to obtain such other relief against another person' commercial use of a mark or trade name if such use begins after the mark has become famous and is likely to cause dilution of the distinctive quality of the famous mark, as provided in this section."
It does not state anything about using the name 'The Hamptons', or Hamptons. Unless the website owner uses any of the logos, trademarks, or designs of the developer, he is not in violation of the covenant.
This is just a feeble attempt to scare the website owner into taking the site down.
Coincidentally, look at my sig....
--

Bill
In Hamptonburgh, NY
  Click to see the full signature.
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Hamptoms in the context of a FL subdivision as long as it hadn't been by another. They are for a specific service or range of services (or products). There might be some attempt under the "passing off" part of the regs, but I find it hard to believe that a Sarasota houing development could be confused with a section of Long Island by too many people.

Yep. Which would have little to do with the trademarking of the name for a Florida Subdivision. Although a quick search through the trademark registry finds none for FL (Although I did find that apparently Racine, WI holds the Hamptons of the Midwest, BTW a community).

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Are the Hamptons in Florida going to sue the Hamptons in New York because they are using a trademarked name?

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On Fri, 21 Sep 2007 12:14:19 -0700, "hollenback"

Exactly! Has anyone even checked to see if there is a trademark owned by this HOA?
A casinos in Las Vegas is currently having a dispute; regarding similar names.
________
It's a hard-won reputation for value, one the Plaza's owners want to protect when the company that owns the posh Plaza in New York City opens a $5 billion version of their butler-hosting, tea-providing hotel on the Strip.
That's why Tamares Las Vegas Properties filed a complaint Thursday in Clark County District Court to block Elad Group of New York from using the Plaza name in Sin City.
_________

Oren
Hofstadter's Law - It [a task] always takes longer than you expect, even when you take into account Hofstadter's Law.
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They could trademark a logo, for instance. Also although they use the Hamptons as short hand, they might have a longer name the guy is using. Also, aren't the Hamptons in NY a town and not a subdivision. That might make a difference.
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wrote:

INAL. I tried to do a TM search and found about 500 just using "hamptons"
Many years ago the Miami Herald (IIRC) published a story about an upset client of a law firm. He discovered the law firm did not have a trademark for the firm, so he registered it. Supposedly, they paid dearly to get it back.
-- Oren
Hofstadter's Law - It [a task] always takes longer than you expect, even when you take into account Hofstadter's Law.
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If you want to see reDICKulous, check out what mr. nissan has had to go through.
http://www.nissan.com/Digest/The_Story.php
s
wrote:

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in Florida since 1982. In one place I was a board member for more than a dozen years.
So when I give you my thoughts on the subject I am not just blowing smoke.
The Florida statutes has one section on Corporations Not for Profit. Under Section 617.0808 Removal of directors.
"Any member of the board of directors may be removed From office with or without cause by vote or agreement in writing by a majority of all votes of the membership." It goes on from there and those really interested can find it all on line.
So my take on this situation is that 1) things are not all that bad if he cannot muster enough votes and 2) As he was once a board member and the president, no less, he was negligent not being conversant with applicable law.
I am not now involved with the HOA where I live. My wife contends that involvement is grounds for divorce.
Charlie
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The HOA doesn't have leg to stand on. Jeeeeze what a waste of time.
s
another good reason to ban HOA's. They think they are God.

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Frankly, the game isn't worth the candle. He should contact the attorney who wrote the letter and say he is changing the name on his site. It's just not hard to burn up several $1000 in legal bills is a pissing contest with a HoA. I believe the story mentioned a $10k figure.

Governments LOVE HoA just because the HoA's can do things governments can't.
They tend to be run by folks without much in the way of common sense.
When we were in the house search and ended up with us being where we are the FIRST criteria we told the agent was NO Home Owners Association of the type that can actually impose rules. Neighborhood associations are OK, of course.
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wrote:

Against the smart advice of his attorney? (see site) The owner hasn't done anything wrong....
He should not contact anybody, but let his attorney do that!
-- Oren
"If things get any worse, I'll have to ask you to stop helping me."
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message The HOA doesn't have leg to stand on. Jeeeeze what a waste of time.

More than that: HOAs often have private roads paid by the residents, private trash pickup, and private snow removal. The local government still gets their 100% of the property tax, but doesn't have to pay for the above mentioned items.
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Bud wrote:

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On Sun, 23 Sep 2007 05:12:06 +0000 (UTC), snipped-for-privacy@manx.misty.com (Don Klipstein) wrote:

They usually have gates and a guard that keeps out the riff raff
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Those kind of gates that stay open as long as a line of cars keep passing over it? The first guy presses his remote, and you could drive a semi truck in after him as long as you get to the coils before the auto close mode starts. And even then, some gates are set to open if another car comes within the loops before the gate is closed.
I hear what you're saying, but gates are an item that provides a low level of security.
Guards are a different matter. At some HOAs, they only have a day shift. And they have only one guard. So, if he goes on rounds, no one to watch the gate. And nine times out of ten, the guard can't run 100 feet or scale a six foot fence. And are unarmed.
Fences, gates, and guards do not keep out the riff raff. They're like monkeys. If they want in, they will just come in any way they can.
Steve
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On Sun, 23 Sep 2007 08:51:27 -0700, "SteveB"

Some communities have 24/7 guards but more to the point, they all say they are private on signs and you would be tresspassing if you went in. The community my wife manages also has a very sophistocated camera setup that can zoom in on the tag number. It might be possible to "tailgate" someone through the gate if the guard was not there but you would also have the resident you are tailgating to deal with. Bear in mind, they know you are on camera too so your assault/tresspassing charge will be a slam dunk in court. These people are serious about security. That is why they pay all that money for gates, guards and the cost of maintaining their private roads. Occasionally they do have someone ram the gate, if it is a small car, that is where you will find them. A big truck will get through. The last one at my wife's place got a $12,000 bill for the gate, delivered by the sheriff, along with the handcuffs for the tresspassing charge. They had excellent pictures of the truck, the tag and the driver when he got out to see what he could to to get his truck going again.
They also had someone break into the guard shack, trying to steal the tapes. OOPS, it was on a LAN and the real pictures were on a hard drive in the server room up in the club house. A felony burglary/larceny charge went with that one. The guy stole the wrong computer so they had him coming and going on camera.
BTW this is the "Gunshine" state, you can't count on anyone being unarmed. Over half the guards I know pack "concealed". We just passed a law that says you do not have the "obligation of retreat" anywhere "you have a legal right to be".
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<SNIP stuff said before>

More power to them!
Cameras with recording in a different location, preferably more than one camera so that a perp gets recorded unless destroying all cameras before being recorded (with recordings going to remote locations) by any of the cameras. May as well have plenty of trees to stash a couple extra cameras in!
And if I have to live in a country where any Joe can have a gun, then I things are "less-bad" if there is a system allowing concealed-carry by law-abiding citizens. (Whether by having a permit requirement and application process, or otherwise by targeting arrestees and persons producing "adequately suspicious behavior" and probationers and parolees and persons-subject-to-protection-from-abuse-orders for personal searching for weapons that they legally must not have and that everyone else is allowed to have).
One comment of mine: Washington DC - it appears to me that they are trying too hard to disarm those that would obey a municipal law to be disarmed in a country where outlaws merely have to go out of town (possibly by only a few miles into Virginia) to get guns that only outlaws have in Washington DC. I see gun control working well on a national scale, hardly on a provincial ("USA "state") scale, and negatively on a municipal scale.
Another comment of mine: Philadelphia trying for municipal gun control, and trying to add restrictions to getting "concealed carry" permits. What I would like to say there: What percentage of Philadelphians that have concealed carry permits are committing gun crimes? What percentage of Philadelphians that do not have concealed carry permits are committing gun crimes? The statistics: In Philadelphia, people without concealed-carry-permits are more likely to unlawfully/unjustly shoot you (or anyone) than people with concealed-carry permits - despite the "fact" that those with concealed-carry perits are supposed to be more likely to be armed!
In Philadelphia, gun crimes tend to be committed with handguns - many by persons of age under 21, though USA Federal law does not allow persons under 21 to posess a handgun. Legally in the USA, someone using or handling a handgun while under age 21 is supposed to be under supervision by someone of age at least 21 that "is in charge of the handgun in question" and "adequately" supervising its use/handling.
This means "No Problem" if I let my hypothetical 12-year-old nephew or niece operate my hypothetical handgun while I adequately supervise such at a shooting range or my backyard in Berks County PA.
But a teenager with saggy pants in an inner-city Philadelphia neighborhood has no business "packing heat". If approached by police officers requesting ID and search, then:
* - Approached-person produces ID with proof of age at least 21, then if that person is not on probation or parole then maybe constitutionally or morally-by-USA-Constitution that person maybe should be "free from that point".
* - Person is unable to prove when approached by patrolling cops that such approached person is allowed on basis of age and lack of probation/parole status to be allowed to carry a handgun: Such person better not be carrying one. However, evidence of being a criminal other than such gets to being a matter of "warrantless search", and penalties could easily be limited to confiscation of what the questionee is barred by law to posess if this process occurs on public property or a "public easement" such as a sidewalk or in or on grounds owned/leased by a "public accomodation" (such as a business open to the public as opposed to something being to at least some arguable extent a "private club").
- Don Klipstein ( snipped-for-privacy@misty.com)
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On Sun, 23 Sep 2007 22:05:56 -0400, snipped-for-privacy@aol.com wrote Re Re: HOA demands resident's web site come down:

As it should be.
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snipped-for-privacy@manx.misty.com (Don Klipstein) wrote:

Probably depends on the original set-up. The developers around here put in the roads, get them inspected by the city and then they are given to the city or county. They are public roads.

That might depend on the state if it is applicable at all. In Indiana, for instance, many cities (and even more towns and no townships or below) don't do trash pick-up. In those areas, it is up to the individual. Our HOA decided to contract for trash pick-up because we got a good deal and got tired of having one or two garbage cans out every day.
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