Showing posts with label Trademark. Show all posts
Showing posts with label Trademark. Show all posts

Saturday, May 24, 2014

FACEBOOK SIEGE! US Golden Dawn Trademark Down's HOGD Europe Facebook Group

Join Hermetic Order of the Golden Dawn®'s discussion here.
Like Hermetic Order of the Golden Dawn® here.
Help us rebuild our BESIEGED Facebook presence.

by Vittorja d'Aquino
Press Secretary
Hermetic Order of the Golden Dawn®
(EU Trademark Registration 000063925)

Our order, the Hermetic Order of the Golden Dawn® (OHIM reg. 000063925) has fought a long and expensive legal campaign to protect diversity in the Golden Dawn community. This is the why today there still exists a plethora of free and independent Golden Dawn orders. We fought for freedom, we fought for diversity, and in the end we prevailed. Our victory has not come without sacrifice, however, and there have been casualties.

The long dormant Golden Dawn trademark conflict raised its ugly head again this month when it became public knowledge that our Praemonstrator and Pro Bono attorney, GH Praemonstrator Jorge Hevia, had passed away. Immediately thereafter, our order's Facebook Page and Group was attacked and downed on May 5, 2104.


Despite that our order remains the sole and exclusive owner of the Hermetic Order of the Golden Dawn® trademark in all 33 countries of the European Union (OHIM reg. 000063925), a complaint to Facebook by persons unknown invoked the American Golden Dawn trademark falsely claiming our European Facebook Page and Group was infringing the US Golden Dawn trademark. This resulted in the disabling of our 3,542 member Facebook group and Facebook Page. The US trademark owner quickly asserted that the complaint was a forgery, even publishing a "consent" letter other than what Facebook requires to restore our page and group:


Facebook Notice Number: 736149206406882
Facebook Page: Hermetic Order of the Golden Dawn - Alpha Omega
Facebook Group: Hermetic Order of the Golden Dawn - Rosicrucian Order of Alpha Omega 

Despite smoke and mirrors from the US trademark owner, the fact is that over a month has come and gone and our order has not received the simple "letter of consent" requested by Facebook to restore our Facebook presence.

Although the American trademark owner denies responsibility for the takedown request invoking the US GD trademark, the denial does not relieve them of culpability, because they have failed to provide the letter of consent required by Facebook to set the matter right in compliance with the 2007 Trademark Settlement Agreement you can read here.


Our order does not at all wish to see another Golden Dawn trademark conflict. We encourage peace and harmony in the Golden Dawn community. Considering that our order has been under constant defamation and legal attack, however, since news broke of the death of our GH Praemonstrator Jorge Hevia broke, it appears that a vigorous defense of our order's rights has become quite important again. Can we just stand by while our order and its leaders are repeatedly defamed on the Internet by parties attempting to foment schism, and while ruse and deception are employed in legal attacks our order's Facebook presence?

We certainly do want peace, but in the face of naked legal and defamation aggression ,what choice do we have but to defend ourselves?

Here is the reply from our imperator to denials of authenticity of the Facebook complaint alleging American trademark infringement that downed our Facebook presence. Denials would seem more credible, had our Imperator's reply (reproduced below) not been censored in that venue.
5/18/14 
To whom it may concern, 
My name is David Griffin. I am Imperator of The Hermetic Order of the Golden Dawn, the outer order of the Rosicrucian Order of Alpha et Omega. 
We are the sole and exclusive owners of the Hermetic Order of the Golden Dawn® trademark in the European Union (reg. 000063925) and additionally own the Hermetic Order of the Golden Dawn International® trademark in Canada (CIPO Reg. TMA510387). In the United States, we operate by legal agreement adopted by the United States District Court as the Hermetic Order of the Golden Dawn, outer order of the Rosicrucian Order of Alpha et Omega.® We additionally own the R.R. et A.C. trademark of our Second Order, Ordo Rosae Rubeae et Aureae Crucis® (CIPO Reg. TMA506051) and the Alpha et Omega trademark of our three order superstructure founded by S.L. Macgregor Mathers in 1906, Ordo Rosae Crucis, Alpha et Omega® (CIPO Reg. TMA508937) 
As many people in the esoteric community are already aware, on May 5, 2014 our order's Facebook presence was legally attacked and disabled as follows: 
Facebook Notice Number: 736149206406882
Facebook Page: Hermetic Order of the Golden Dawn - Alpha Omega
Facebook Group: Hermetic Order of the Golden Dawn - Rosicrucian Order of Alpha Omega 
Whether properly or improperly as alleged by the other party, infringement of the American Golden Dawn trademark was invoked as the reason for the request that these groups be disabled. Despite denials of authenticity, until this matter is rectified and both our Facebook Page and Facebook Group fully restoerd, we are holding the other party responsible. Here is an EXACT QUOTE of what Facebook requires for the restoration of the above referenced groups: 
"If an agreement is reached to restore the reported content, please have the complaining party email us with their consent and include the original reference number. We will not be able to restore this content to Facebook unless we receive explicit NOTICE OF CONSENT from the complaining party. Please note that the complaining party is not required to respond to your request." 
Please note that this, despite denials, is not at all a complicated matter to resolve - it is a SIMPLE matter  - one that does not hinge on Facebook 's lack of responsiveness as has been misleadingly alleged. The "notice of consent" required by Facebook for the restauration of the above groups merely needs to be filed with Facebook by any relevant attorney.
The legal representatives of our order would be happy to properly file the required notice of consent with Facebook - assuming that there is indeed good faith and that we promptly receive it. The notice of consent may be sent to our order as a scanned document to admin@golden-dawn.eu. 
FOR THE RECORD: Despite high public awareness of this matter and numerous excuses and other postings by relevant parties on identical venues, after 21 days our order still has not received the notice of consent required to restore the above referenced groups. 
We are still waiting. 
Sincerely,
David J. Griffin
Imperator, Hermetic Order of the Golden Dawn
outer order of the Rosicrucian Order of Alpha Omega

Tuesday, May 20, 2014

The Golden Dawn Blog: HOGD/AO UNDER RENEWED LEGAL ATTACK: Facebook Presence Down: False Claim of Infringement of American GD Trademark


by Vittorja d'Aquino
Press Secretary
Hermetic Order of the Golden Dawn®
(EU Trademark Registration 000063925)

Our order, the Hermetic Order of the Golden Dawn® (OHIM reg. 000063925) has fought a long and expensive legal campaign to protect diversity in the Golden Dawn community. This is the only reason there still exists a plethora of free and independent Golden Dawn orders today. We fought for freedom, we fought for diversity, and in the end we prevailed! Our victories have not come without sacrifice, however, and there have indeed been casualties.

The long dormant Golden Dawn trademark conflict raised its ugly head again earlier this month when our order's Facebook Page and Group was attacked and downed on May 5, 2104. Despite the face that our order is the sole and exclusive owner of the Hermetic Order of the Golden Dawn® trademark in all 33 countries of the EU (OHIM reg. 
000063925), a complaint to Facebook nonetheless alleged infringement of the American Golden Dawn trademark. The US trademark owner quickly attemtped to distance itself from this act of naked legal aggression - claiming the complaint was a forgery. This does not, however, relieve the Americans of responsibility for what is doen with their trademark, however. The fact remains that three weeks have come and gone and our order - even today - has still not received the simple "letter of consent" required by Facebook to restore our Facebook presence and to set to right an unparalleled act of legal agression.

Our order does not at all wish to see another Golden Dawn trademark war. We encourage peace and harmony in the Golden Dawn community. We will not, however, stand by idly while our order and its leaders are endlessly defamed on the Internet by parties attempting to foment schism in our order, and while ruse and deception are employed to legally attack our order's social media presence. We certainly do want peace, but we will defend ourselves in the face of such naked aggression.



Here is the message from our imperator that was censored in reply to the other party's PR spin message:
5/18/14 
To whom it may concern, 
My name is David Griffin. I am Imperator of The Hermetic Order of the Golden Dawn, the outer order of the Rosicrucian Order of Alpha et Omega. 
We are the sole and exclusive owners of the Hermetic Order of the Golden Dawn® trademark in the European Union (reg. 000063925) and additionally own the Hermetic Order of the Golden Dawn International® trademark in Canada (CIPO Reg. TMA510387). In the United States, we operate by legal agreement adopted by the United States District Court as the Hermetic Order of the Golden Dawn, outer order of the Rosicrucian Order of Alpha et Omega.® We additionally own the R.R. et A.C. trademark of our Second Order, Ordo Rosae Rubeae et Aureae Crucis® (CIPO Reg. TMA506051) and the Alpha et Omega trademark of our three order superstructure founded by S.L. Macgregor Mathers in 1906, Ordo Rosae Crucis, Alpha et Omega® (CIPO Reg. TMA508937) 
As most people here in the esoteric community are already aware, on May 5, 2014 our order's entire Facebook presence was disabled as follows: 
Facebook Notice Number: 736149206406882
Facebook Page: Hermetic Order of the Golden Dawn - Alpha Omega
Facebook Group: Hermetic Order of the Golden Dawn - Rosicrucian Order of Alpha Omega 
Whether properly or improperly as alleged by the other party, infringement of the American Golden Dawn trademark was invoked as the reason for the request that these groups be disabled. Despite misleading statements published by the other party, until this matter is rectified and both our Facebook Page and Facebook Group fully restoerd, we are holding the other party responsible. Just in case the other party really does not understand as they pretends, below is an EXACT QUOTE of what Facebook states is required for the restoration of the above referenced groups: 
"If an agreement is reached to restore the reported content, please have the complaining party email us with their consent and include the original reference number. We will not be able to restore this content to Facebook unless we receive explicit NOTICE OF CONSENT from the complaining party. Please note that the complaining party is not required to respond to your request." 
Please note that this, contrary to misleading statements made by the other party, this is not at all a complicated matter to resolve - it is a SIMPLE matter  - one that does not hinge on Facebook responsiveness as has been misleadingly alleged. The "notice of consent" required by Facebook for the restauration of the above groups needs to be properly filed with Facebook by the attorneys of either one of the parties. That is all. 
The legal representatives of our order would be happy to properly file the required notice of consent with Facebook - assuming that there is indeed good faithe and that  we promptly receive it. The properly prepared notice of consent may be sent to our order as a scanned document to admin@golden-dawn.eu. 
FOR THE RECORD: Despite high public awareness of this matter and numerous excuses and other postings by relevant parties on identical venues, our order still has not received the notice of consent required by Facebook to restore the above referenced groups. 
We are still waiting. 
Sincerely,
David J. Griffin
Imperator, Hermetic Order of the Golden Dawn
outer order of the Rosicrucian Order of Alpha Omega

Monday, January 11, 2010

Golden Dawn Feud EXPOSED: Robert Zink Rebuttal


In order to promote harmony in the Golden Dawn community, our order, the Hermetic Order of the Golden Dawn, which is the first or outer order of the Rosicrucian Order of Alpha et Omega, nine months ago unilaterally ceased approving any posts attacking other Golden Dawn orders or their leaders on our Golden Dawn Yahoo forum and encouraged other Golden Dawn leaders to follow our example.

To the credit of Robert Zink, he has for over nine months shown unprecedented restraint the Esoteric Order of the Golden Dawn Yahoo forum. Consequently, that forum has largely been liberated of the sort of misrepresentations and other attacks on our order/leaders that once typified it.

In another attempt to promote harmony in the Golden Dawn community, our order publicly condemned anonymously published, defamatory blogs and websites attacking Golden Dawn orders and leaders, even those who misguidedly thought they were supporting our order.

Happily, also to the credit of Robert Zink, all of the anonymous blogs and websites defaming not only our order but various other Golden Dawn orders as well, fell silent. Thankfully, they have remained silent for nine months now as well.

In a final and even more important initiative to promote harmony in the Golden Dawn community, our order nine months ago offered even, on a reciprocal basis with other Golden Dawn orders, to mutually remove objectional materials form our respective websites, fora, blogs, etc.

It is noteworthy that no leader of any Golden Dawn order accepted this offer. It is particularly noteworthy that EOGD leader, Robert Zink, specifically rejected this proposal - a clear signal that fear-mongering in marketing is an essential aspect of EOGD strategy.

Nonetheless, to his credit, Robert Zink this week wrote:
"I believe this year we as the Golden Dawn community which include several Golden Dawn Orders, can make great progress in the growth of invoking more Light into the world, more healing and peace."
and elsewhere...
"We in our Order of the E. O G. D. do not cast aspersions on other Golden Dawn groups. We prefer to maintain a friendly relationship with them and the exchange of knowledge when helpful. This way the entire Golden Dawn community and those who seek the Light within it will be made rich spiritually and we will all be edified."
I fully echo these sentiments. The place to begin this work, however, is not with empty words, but by ending, once and for all, the terrible feud on the internet that has plagued the Golden Dawn community for over a decade - then by going on to clean up our respective websites and blogs - a proposal that Robert Zink catagorically rejects.

Let us not lose sight of our accomplishments as a community thus far. Over the last nine months, the Golden Dawn community has made great progress towards ending the terrible Golden Dawn Internet feud.

It is all the more shocking, therefore, that Robert Zink this week malevolently resurrected a long laundry list of old, libelous attacks on our order from the Golden Dawn Internet feud - and published them for the first time on the Blogosphere. This list of malicious misrepresentations is so long it would require a whole series of blog posts to properly refute them!

What Robert Zink has made crystal clear by - unilaterally and without provocation - attempting to reignite the Golden Dawn Internet Feud - is that (despite his empty talk about not casting aspersion) Robert Zink does not want peace or harmony in the Golden Dawn community at all.On the contrary, Robert Zink desperately needs conflict.

This is why - even in the face of unprovoked personal attacks and evil misrepresentations published by Robert Zink this week - I will not strike back at him.

Even though Robert Zink clearly wants to resurrect the Golden Dawn Internet feud - he will have to play this sick game of conflict alone.

But this time the Golden Dawn community is seeing through Robert Zink's smoke and mirrors as well - and realize how - despite his demonization tactics to divert attention - Robert Zink has been stirring strife in our community all along!

For example, Robert Zink wrote this week:
"The real reason is that (David Griffin) changed the name of their order is that he lost a court case to Chic Cicero and the Hermetic Order of the Golden Dawn Inc."
and that...
"(David Griffin) can no longer legally use the GD name in the United States."
In truth, our order was sued in January, 2005 by another party attempting to deprive us of our legitimate ownership rights in the trademark, the "Hermetic Order of the Golden Dawn."

In truth, a terrible flame war broke out on the Internet simultaneously with the litigation - that has subsequently become known as the Golden Dawn Internet Feud.

During this horrible flame war, our order was attacked by a vast series of misrepresentations, half-truths, and outright lies. Most of this occurred on various fora and websites belonging to licensees of the other party, such as those operated by Robert Zink.

Despite what Robert Zink would like to mislead you to believe, however, neither party "lost" this court case.

In truth, the case never even got to court - but rather a settlement agreement was reached on 2/28/08.

Subsequent to the signing of this settlement agreement, both parties urged everyone to let the past be over and done with, to move on, to end the terrible Internet flame war, any and all slander, anonymous libel, harassment, disparagement, malicious gossip, and other unfortunate manifestatons of wasted time and qlippothic energy.

As a result of these sincere efforts, the years following the settlement agreement have witnessed growing harmony in the Golden Dawn community - and an ever increasing cessation of the Golden Dawn Internet feud.

In truth, the Golden Dawn legal conflict caused great suffering in the entire Golden Dawn community - with one noteworthy exception...

...Robert Zink actually profited from the Golden Dawn legal conflict. Prior to the legal conflict, Robert Zink could not even call his order "Golden Dawn" - but only "Morning Star" instead.

In truth, what caused the entire Golden Dawn legal conflict to begin with was Robert Zink manipulating both parties and intentionally stirring conflict between us.

And now Robert Zink is trying to stir renewed conflict in the Golden Dawn community yet again, because he wants to continue profiting from the strife!

Robert Zink is a master of fear-mongering marketing. But to get away with this - he needs an enemy to blame.

He needs a "straw man" - to divert attention from the sick game Robert himself has played with the Golden Dawn community for years - and has gotten away with until now.

But there are also legal consequences of Robert Zink's conflict-mongering.

What Robert has apparently failed to understand is that the aforementioned settlement agreement contains a non-disparagement clause (Paragraph 6). Moreover, Robert Zink is on court records as a certificatee/licensee of the other party as the "Hermetic Order of the Morning Star dba the Esoteric Order of the Golden Dawn." Finally, trademark law requires Robert Zink, as a licensee of the Golden Dawn trademerk, to fully comply with the terms of the settlement agreement.

In other words, in libelously attacking our order with renewed, evil misrepresentation this week,Robert Zink is not only thumbing his nose at the entire Golden Dawn community - but at his licensor as well - and even at the United States Federal Court and the United Stares Patent and Trademark Office.

Whether he is aware of it or not, Robert Zink has just caused his licensor to be in breach of the non-disparagement clause of the Settlement agreement (Paragraph 6). This breach is underscored by a recent court order in which the judge admonished his licensor not to use "back doors" to disparage our order through its licensees.

It has come to our attention that these documents, like many other public domain court documents with a wide public interest, have been made available by a third party on scribed.com. In order to refute gross misrepresentations made by licensee, Robert Zink, we are providing links to the actual court documents as follows:


In rebuttal to Robert Zink's deceptive claim that our order is "no longer permitted to use the GD name," it is necessary to point out that:

1. In Paragraph 2 of the settlement agreement, the other party specifically recognized our sole and exclusive ownership of the "Hermetic Order of the Golden Dawn" trademark in Europe.

2. In Paragraph 9 of the settlement agreement, the other party specifically recognized our sole and exclusive ownership of the "Hermetic Order of the Golden Dawn International" trademark in Canada.

3. In Paragraph 3 of the settlement agreement, the other party specifically recognized our sole and exclusive ownership of the trademark, "Hermetic Order of the Golden Dawn, the outer order of the Rosicrucian Order of Alpha et Omega" world-wide, including in the United States.

4. Thus, as a licensee of the other party, Robert Zink's misrepresentation of our ownership rights in the Hermetic Order of the Golden Dawn trademark have thus additionally caused his licensor to breach Paragraphs 3, 6, and 9 of the settlement agreement, in addition to the non-disparagement clause contained in Paragraph 6.

Complete and accurate information about the various trademarks owned by our order is available on our website.

So as not to make this blog over-long, the laundry list of Robert Zink's other misrepresentation attacks on our order will be refuted in future blog entries and only listed here. These include:

2. David Griffin's true initiatic history.
3. Why we are the Alpha Omega.
3. The Golden Dawn's Third Order
4. Robert Zink's use of fear-mongering as a marketing tool.

Let is suffice to say that statements published by Robert Zink last week on all of these subjects are as maliciously inaccurate as those refuted here.

The time has come for Robert Zink to wake up and realize that, as a licensee of the Golden Dawn trademark, Robert Zink not only has rights - but also responsibilities.

Robert Zink needs also to understand that not only our order - but the entire Golden Dawn community is fed up with the Golden Dawn Internet feud.

Most importantly, people are beginning to see through Robert Zink's strife-stirring - as well as his fear-mongering marketing.

Robert Zink's Reply to the Above Post
(Robert Zink just published the below reply)
David Griffin and the A.O. Recently posted this Image on their Blog in regards to the Esoteric Order of the Golden Dawn. We hardly believe this is the expression of someone seeking harmony and fraternal friendship. If it was meant as a joke, let's all have one more good laugh.
Seekers of Light, Truth, and Peace, I urge you to read the following letter. I believe it may be one of the most powerful letters on how mature Fraters and Sorors of the Golden Dawn community communicate in the Spirit of Light. There are several Golden Dawn Orders, and contrary to what David Griffin and his AO/GD group would have you believe, each group provides valuable energy and Light to the entire Golden Dawn community. We all have had the wonderful opportunity to learn and grow from each other. The Golden Dawn community is a peaceful, friendly, community of individuals seeking Light. Therefore if one Leader chooses to always throw verbal gasoline on everything and everyone that disagrees with their position, perhaps their actions speak for themselves. Maybe they are the ones starting a fued while at the same time accusing others of firing the first shot.
Our Order as well as all the other Golden Dawn groups have a right to dispute the claims and accusations made by David Griffin and his Order. This is no way to be taken as any thing other than the persuit of intellectual honesty and providing the internet user with a well thought out opposing view. Our Order has stated over and over that we are willing to meet any serious GD leader including David Griffin in person for meaningful discussions on how to invoke constant improvement in spiritual discussions and Hermetic wisdom. We seek only to use the Magic of Light to become partakers of Spiritual Peace.
G.H. Frater P.D.R.
Esoteric Order of the Golden Dawn
Light in Extension
An Open Letter in Reply to Robert Zink
Care et G.H. Frater P.D.R.,

As I always have, I welcome an honest and sincere dialogue with any and all Golden Dawn leaders, without exception, with the aim of promoting greater harmony in the Golden Dawn community. On a positive note, your letter perhaps signals you might finally be ready to work towards greater harmony in our common Golden Dawn community - and not just utter empty words any longer.

I therefore welcome your letter as a positive sign and a step in the right direction. I therefore also repeat my offer (that you rejected completely six months ago) to mutually remove objectional materials from our respective websites and blogs on a reciprocal basis. Moreover, I personally invite you yet again to attend the Golden Dawn Harmony Conclave in Paris this Spring, hosted by the Ahathöor Temple (an invitation to meet in person that you also rejected).

However, there are unfortunately also things in your letter that cast aspersion on your honesty and sincerity. Firstly, there is your insistence on calling the outer order of the Rosicrucian Order of Alpha et Omega something other than its actual name, the Hermetic Order of the Golden Dawn,. There is also your deliberately misabbreviating the HOGD/AO as the AO/GD. How can anyone believe your invitation to meaningful discussions, when you in the same breath misrepresent even the name of those you pretend to invite?

Secondly I object to your "all of us vs. him" mischaracterization of the legal and internet conflict that has plagued the Golden Dawn community for nearly a decade.

Thirdly, i object to your extremely narrow mis-definition of what the Golden Dawn community actually consists of. The Golden Dawn community is far larger than you claim - and even than you know.

Contrary to your misrepresentation, the Golden Dawn community does not consist merely of the list of licensees, like yourself, of the other party in recent litigation.

The August Order of the Mystic Rose, as just one example, is a Golden Dawn/BOTA style order with whom we enjoy an excellent relationship. The Rose Cross d'Orient, as another example, is a legitimate Rosicrucian order with whom we likewise enjoy the best relations.

There are others as well... many others. In fact, there quite substantial Hermetic, Rosicrucian, and Golden Dawn orders with whom we enjoy quite friendly relations - that you do not even know exist - because they stay continue to operate in secret - among other reasons to stay out of the Golden Dawn Internet Feud and the crosshairs of your double-barrelled misrepresentation and demonization shotgun!
Thirdly, regarding your allegation of my "throwing of gasoline," how else, other than "feuding" should any reasonable person characterize your demonizing another order (as in the above letter as well!) and your perpetual misrepresentations about that order - like the legal misrepresentations I just refuted from you.

No one ever said that you and I have to agree on everything, Robert. That has never been my point. Diversity in the Golden Dawn community is actually a very positive development. Moreover, I personally welcome scholarly and polite debate. This is how the Golden Dawn tradition grows.

What I do disagree with is your manipulative demonization as well as your persistent misrepresentations about our order and myself. For example, I have in this blog - quite specifically and with point by point evidence - refuted your substantial misrepresentations about the trademark rights held by order as well as about recent litigation.

If I was mistaken in this statement, then you could have present factual evidence to the contrary in your reply. You did not.

Instead, you took out your shotgun and fired off yet another unsubstantiated allegation, that I "throwing gasoline" merely by rebutting the misrepresentations that you published. This is not scholarly debate - this is Golden Dawn internet feuding.

I continue welcome civil and factual debate with you Robert. However, I do not agree with you that it even matters "who fired the first shot."

What matters is the the time for all "feuding" behavior - like refusing to substantiate allegations, demonizing other orders and their leaders, and publishing endless misrepresentations about them - is long past.

That you continue to do these things - even in your above letter - makes it clear in my mind that you do not really want any meaningful dialogue. - and that you do not want peace and harmony in the Golden Dawn community at all. Instead, you merely want to continue fear and conflict-mongering marketing as you have all along.

Sub Umbra Alarum Tuarum, Yeheshua
David Griffin
G.H. Frater Lux Ex Septentrionis
Imperator Ordinis, Hermetic Order of the Golden Dawn
outer order of the Rosicrucian Order of Alpha et Omega

"Ex Deo Nascimur.
In Yeheshua Morimur.
Per Sanctum Spiritum Reviviscimus"

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