This will be the first post in a series chronicling my new fight against another lending industry Goliath, First American Title. They are claiming that I am violating their trademark for LoanSafe for some type of lender software.
They want me to take down my website www.LoanSafe.org by Friday June 5, 2009 or the billion dollar company is going to sue me for trademark violations.
They claim that my website, www.LoanSafe.org is damaging their name and confusing consumers. Keep in mind that this website has helped hundreds of thsousands of homeowners fix their home loans for free.
Below is the last two email exchanges I have had with Fist American’s lying lawyer, Michael Leonard
I am not backing down to these creeps!!!
Re: LoanSafe.org Agreement Question and Possible Sale
- This is their lawyer’s response to an email that their lawyer asked for me to send to them in writing
Moe,
We have now had an opportunity to review and discuss this matter with First American Corporation (“First American”).
I have been instructed to advise that First American is unwilling to permit your use of the loansafe.org domain name to accept mortgage and loan modification applications for lenders and/or as a “portal to mortgage services and lenders.” It has been First American’s position from the outset that any use of its registered LOANSAFE trademark in connection with mortgage-related goods/services constitutes trademark infringement. In an effort to amicably resolve this matter, First American was willing to permit you to continue using the loansafe.org domain name in a limited capacity in connection with the offering of loan modification and foreclosure information to consumers and was even prepared to permit you to continue deriving revenue from the placement of banner advertisements for attorneys offering loan modification services. First American’s very reasonable offer for resolution of this matter was rejected and countered by your request to expand your permitted use of the loansafe.org domain name to enable the acceptance of loan modification and mortgage applications on behalf of lenders, parties who are the targeted customers of First American’s LOANSAFE products/services. Furthermore, when First American included a term in a proposed settlement agreement providing First American with the option to acquire the loansafe.org domain name for a reasonable payment in the event of a contemplated sale or transfer, you advised that the loansafe.org domain name was available for “$3-4 million,” a clear attempt to extort money from First American in exchange for the transfer of a domain name that fully consists of First American’s registered LOANSAFE trademark.
It has now become apparent that your continued use of LOANSAFE is causing harm to consumers and First American, as evidenced by the postings by parties complaining of Loansafe’s bad business practices that are appearing on the internet. See http://www.scam.com/showthread.php?p=751338, http://moeseo.wordpress.com/2009/05/18/moestrodomus-didnt-predict-that-loan-safe-solutions-would-last-less-than-1-year/, http://www.complaintsboard.com/complaints/loan-safe-solution-c184828.html. The foregoing not only reveals the existence of negative publicity being generated as a result of your questionable business practices, but also use of LOANSAFE that is much more expansive than previously represented to First American. Your continued use of LOANSAFE in connection with the processing of loan modification applications is a clear infringement of First American’s LOANSAFE trademark rights. Furthermore, the negative publicity associated with your use of LOANSAFE is damaging the good will and reputation First American has developed in connection with the legitimate goods/services being offered and sold under its registered LOANSAFE trademark. Despite the fact that you altered your use of the loansafesolutions.com domain name, it appears that you are continuing to operate a business offering loan modification and mortgage-related services under the name Loan Safe Solutions as well.
In view of the foregoing, we have been instructed by First American to advise you that they are no longer interested in resolving this matter amicably. The settlement terms previously offered are now expressly withdrawn. Accordingly, on behalf of First American Corporation we must demand that you discontinue all use of the Loansafe, loansafe.org and Loan Safe Solutions names by Friday 5:00 p.m. 5 June 2009. Your failure to abide by the foregoing demand will force First American to take legal action to protect its valuable rights to its registered LOANSAFE trademark.
Sincerely.
Mike Leonard
Michael J. Leonard
Attorney at Law
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
215.981.4547 (direct)
215.689.4602 (direct fax)
leonardm@pepperlaw.com
Moe to cgaska, investor.relat., corporate.comm., pkennedy, p.kennedy, corporate.hr, WSherakas, ANallathambi, William.Sherak., Michael
show details 6:30 PM (0 minutes ago) Reply to all
- My reponse to they lawyer and I cc’d the CEO and several executives.
Michael,
What happened Michael?
You befriended me and then lied to me.
I believe you and First American have acted 100% in bad faith and I will shout from roof tops and defend my rights to my website, www.LoanSafe.org until my last dying breathe.
Now, you and First American Title want to “steal” my domain, www.LoanSafe.org from me and the thousands of homeowners it helps everyday? I should have known better since all you “so called” professionals associated with the lending industry are cut from the same cloth.
In fact, aren’t you all (First American & Banks) really in bed with each other scratching each others backs in your glass houses while homeowners on Main street suffer? Shame on you guys!!!
What has First American Title done for the millions of homeowners that need help? Hasn’t your client made billions off the backs of homeowners? Yet, I cant find one thing that you are doing to help homeowners!!!
I guess this means that we are no longer on speaking terms and we will have to do the court thing, spend a bunch of money and all that attorney BS? Well, I am not one to easily back down Micheal. Especially after I have been lied and cheated to by you and your billion dollar client.
In good faith I shut down Loan Safe Solutions Inc, terminated dozens of employees, suffered economic hardship, closed down the highly trafficked website, deleted all content and also ceased all commercial use of the “generic” term Loan Safe etc.
LoanSafe.org confuses consumers? That’s a joke!!!
Your product is for lenders, NOT consumers. I can guarantee not one of the thousands of homeowners who come to my site via organic search listings, have ever heard of your darn software.
I am trying to extort money form your client?? WTF!!!
You were the one that wrote me a settlement offer and it included a domain purchase clause. (I have proof of the email)
It wasn’t until after months of talks, emails etc and AFTER the email FROM YOU AND YOUR CLIENT did I bring up the purchase of the domain. I spoke to you on the phone and you said for me to place it in an email and they are interested. You’re a liar and I will make sure the world knows this!!!!!!
My good faith is with proof of emails, phone calls etc and they will be posted online for the world to see on www.LoanSafe.org, www.LoanWorkout.org. Oh and stay tuned for my spanking brand new domain www.FirstAmericanSucks.com . That one will be fun
On these website that recieve hundreds of thousands of visitors, I will chronicle my story about this attempted high jacking by First American Title. I will also chronicle all the bad press, lawsuits, kick backs, sham companies etc that First American has been involved in.
Bottom line: You and I know that your client is hell bent on taking me down for their glorious clients, mortgage lenders!!!!!!
I have over 16,000 members on my forum and a email newsletter of 50,000 plus consumers. They will know about this.
I an expert in search engine optimization and you better believe I will spend my waking hours fighting you and your client on the Internet with my first amendment rights.
Free speech + internet + social media + SEO + Moe = Fair Fight
This is a true David Vs Goliath story. Tell your clients that I am not afraid of them and I look forward to the fight!!!!
I think you and your client just made a BIG PR MISTAKE!
—————Best Regards,
Moe Bedard
Founder & CEOMoeSeo Inc.
(888) 516-1116
www.MoeSeo.com “Our results speak for themselves!”www.LoanSafe.org “America’s #1 Mortgage & Loan Modification Forum”
www.LoanWorkout.org “#1 Loan Modification Website on the Internet”
- Below are the emails that led up to this. I have many more that I wil be posting on this site, www.LoanSafe.org ,www.FirstAmericanSucks.com and www.HomeLoanForum.org
Reply Forward
Leonard, Michael J. to Moe
show details May 14 Reply
Moe,
Thanks for your e-mail.
I will forward this onto my client and be in touch as soon as I receive their further instructions.
Regards,
Mike
Michael J. Leonard
Attorney at Law
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
215.981.4547 (direct)
215.689.4602 (direct fax)
leonardm@pepperlaw.com
- Show quoted text -
Micheal,
As mentioned on the phone. I will handle this from here on out and my former attorney, Mark Zanides is not to be forwarded or included on any conversations we have from here on out.
My two questions to your client are:
I will be accepting mortgage and loan modification application for lenders. There will be no software or analysis done. Just sort of a lead portal to mortgage servicers and lenders. I need this to be addressed in the agreement to exclude this.
I am interested in selling my domain and was wondering if we could open negotiations on the purchase by First American of LoanSafe.org. I feel they can capitalize on the loan modification craze and the hundreds of thousands of homeowners coming to my website for loan modification help.
Please acknowledge this email as received and thanks for your time.
—————
Best Regards,
Moe Bedard
Founder & CEOMoeSeo Inc.
(888) 516-1116
www.MoeSeo.com “Our results speak for themselves!”www.LoanSafe.org “America’s #1 Mortgage & Loan Modification Forum”
www.LoanWorkout.org “#1 Loan Modification Website on the Internet”
Moe to Michael
show details May 14 Reply
10-4.
- Show quoted text -
On Thu, May 14, 2009 at 1:18 PM, Leonard, Michael J. <leonardm@pepperlaw.com> wrote:
Moe,
Thanks for your e-mail.
I will forward this onto my client and be in touch as soon as I receive their further instructions.
Regards,
Mike
Michael J. Leonard
Attorney at Law
Pepper Hamilton LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
215.981.4547 (direct)
215.689.4602 (direct fax)
leonardm@pepperlaw.com
From moe:
Micheal,
As mentioned on the phone. I will handle this from here on out and my former attorney, Mark Zanides is not to be forwarded or included on any conversations we have from here on out.
My two questions to your client are:
I will be accepting mortgage and loan modification application for lenders. There will be no software or analysis done. Just sort of a lead portal to mortgage servicers and lenders. I need this to be addressed in the agreement to exclude this.
I am interested in selling my domain and was wondering if we could open negotiations on the purchase by First American of LoanSafe.org. I feel they can capitalize on the loan modification craze and the hundreds of thousands of homeowners coming to my website for loan modification help.
Please acknowledge this email as received and thanks for your time.
—————
Best Regards,
Moe Bedard
Founder & CEOMoeSeo Inc.
(888) 516-1116
www.MoeSeo.com “Our results speak for themselves!”www.LoanSafe.org “America’s #1 Mortgage & Loan Modification Forum”
www.LoanWorkout.org “#1 Loan Modification Website on the Internet”
Reply Forward
Leonard, Michael J. to Moe
show details Jun 1 (1 day ago) Reply
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The Trust of 300 Million Americans Rested on these Banks and Today The common American Sits on a chair and wonders Why he believed? Why He worked 18 hours a week to blow away that money on War?