Recently the CZ Master Association, alleging to represent the best interests of the association, and with association funds retained what can be described as the best and most expensive intellectual property law firm in Southern California, to try to gain control of certain intellectual property, alleging among others things that such intellectual property interests were "unfair competition under both state and federal laws". The board further alleged to be involved in the conception, creation and distribution of creative works; hence the association had sole rights to certain intellectual property.
Conclusion? Given the unfair competition argument, is it that the board is now a for-profit corporation?
It would not be that be board, under false pretenses was trying to acquire such intellectual property simply to protect member’s interests and those of FOB (friends of Board). After all, there is an attorney sitting on the current CZ board - would it?
Unfortunately it seems the board forgot the tickler file again - you know, like the one trademark attorneys use.
Following is an excerpt of the board's demands/threats and subsequent response.
The causes of action “carry heavy penalties including, but not limited to, monetary damages, punitive damages, treble damages, award of attorney’s fees and injunctive relief”. Therefore the
CZ Master Association demands are:
Cease to use your properly acquired intellectual property
Assign your intellectual property to the CZ Master Association
Abandon future intellectual property acquisition effort
Do not claim to own your properly acquired intellectual property
Pay damages to the CZ Master association for past infringing activities in the amount to be determined and,
Reimburse the association for attorney’s fees.
Partial response to CZ Master Association’s sent to the association’s legal counsel and BOD, in their collective attempt to acquire intellectual property under false pretenses
Given the board’s vicious and ethically challenged attempt at getting control of my properly acquired intellectual property, you and the board are hereby placed on notice the CZ Master Association does not have permission to use any of my intellectual property, including any copyrighted material and uncancelled, unrevoked federally registered trademarks. Had the association’s motives been noble in this latest attack, a good faith approach would have been to establish a dialogue – after all, an attorney sitting on the board of directors is shouting distance from me!
Therefore, I expect that by March 15, 2007 the CZ Master Association will take the necessary steps to assure that the community is not infringing upon my intellectual property rights.
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