------ Forwarded Message
From: Mike Scozzari <[EMAIL PROTECTED]>
Date: Wed, 7 Dec 2005 13:03:06 -0800
To: Rick Archer <[EMAIL PROTECTED]>
Subject: TMO threatens South Florida teacher and magazine
Dear Rick
Could you please post this on fairfieldlife. Included is a threatening letter from MUM legal to the publisher of a popular South Florida new age magazine I use to advertise TM events. I've taught TM in South Florida for years. My reply follows.
thanks,
Mike Scozzari
In a message dated 12/5/2005 5:03:04 P.M. Eastern Standard Time, [EMAIL PROTECTED] writes:
Dear Sir or Madam:
I represent the owner of the federally registered service mark "Transcendental Meditation", Maharishi Foundation, Ltd. It has come to my attention that advertisements from unlicensed entities selling the Transcedental Meditation program are appearing in your publications including the Palm Beach and Boca Raton editions of Natural Awakenings . These ads appear with a picture of Maharishi Mahesh Yogi, with the phone number 561 392 5418, 954 429 8221 and website www.bay3.com/tm . The sponsor of that ad is not certified or licensed by the mark owner or its licensees to use the mark or teach the program. Thank you for terminating the placement of ads from that source immediately. Your continued placement of such an infringing ad could be violative of the Lanham Act. Feel free to contact me if ads for that mark are presented from any other source so that I may confirm that they are licensed to use the mark.
I appreciate your co-operation and should you have any questions, please do not hesitate to contact me.
Very truly,
Bill Goldstein
William Goldstein
General Counsel
Maharishi University of Management
Telephone 641 472 1183
Fax 641 472 1141
email: [EMAIL PROTECTED]
***********************************************************************
Reply from Mike Scozzari to magazine publisher
12/7/05
Natural Awakenings Magazine
Palm Beach Edition
Editor and Publisher
Dear Leah,
Thank you for forwarding me the letter sent to you by Mr. Goldtein. The letter is an unfortunate and clumsy attempt to intimidate and embarrass you and your magazine. There is in fact no substance to the absurd allegations made by Mr. Goldtein. I am a fully trained and qualified and bona fide teacher of Transcendental Meditation and have been operating as such for the last 33 years. I have thousands of my students and clients in the South Florida area. I am well known to TM teachers in South Florida and to fellow TM teachers both Nationally and abroad. My advertisements have been placed in the Palm beach media since 1990.
You may forward this letter to Mr Goldstein'. Kindly tell him that his assertions that I am in infringement of the service marks in question does not necessarily make it so. If Mr Goldstein feels that there has been some infringement, his remedy surely lies in bringing the matter before a court of law --not in "complaining " to you. If such an action were brought by him I along with many other TM teachers with whom I am in contact would be strenuously and vigorously contesting his allegations in a class action suit. As a self styled copyright attorney Mr. Goldstein ought to know that copyright matters are often complex and can only be decided by a court of law after carefully hearing both sides.
Mr Goldstein should be told that a magazine such as yourself cannot be expected to get involved in complaints of this nature and that you have no intention of getting involved simply on the basis of his allegations. They are at best his point of view on the matter. If and when the matter has been decided by a court of law in his client's favor then and only then should he approach your magazine in the manner that he has. Until then, you can take no action on his unsubstantiated allegations. That is the end of the matter so far as your magazine is concerned.
Indeed, this is the only position you can fairly take in the circumstances. Were you to take action on Mr Goldstein's allegations you would be doing a great injustice to legitimate clients like myself who have been doing business with you for a considerable period of time. I am looking forward to my advertisement being placed in your magazine and my continuing association with you.
I close with Season's Greetings to you and the staff of Natural Awakenings Magazine,
Sincerely ,
Mike Scozzari
cc/legal council
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