Archive | August, 2009

EXCLUSIVE: Holmes and the case of the naughty web host

On Friday August 28th, 2009 a jury in the Northern District of California found ISP/web hosts Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steven Chen liable for contributory trademark counterfeiting and awarded Plaintiff Louis Vuitton Malletier $32 Million.

This story is not only the first you will likely read on this case, but its author was the primary investigator and a witness for the Plaintiff.

Welcome to Akanoc SolutionsI first observed this group a few years ago doing business as Managed Solutions Group (MSG) when they were popping up as a US-based web host for China-based sellers of counterfeit goods.

A couple of my luxury brand clients asked me to look into this entity and I did.  I asked a colleague who is a higher-up at a major anti-spamming organization if he had ever heard of them.  His immediate response was, “Yeah.  They are spammers.”  He later clarified stating that they had positioned themselves as bulletproof hosts for spammers for some time.  He told me they had straightened their act in that industry after the CAN-SPAM Act was passed and made it a criminal act to facilitate such activity.

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al was a bold case and a years-long battle fueled by the passion of Vuitton’s in-house legal wizard Nikolay Livadkin and outside counsel Andy Coombs and Annie Wang of J. Andrew Coombs a P.C. A brilliant case was laid out that illustrated Akanoc, MSG & Chen’s non-compliance despite diligent efforts by Vuitton.

Laughably, Akanoc admitted that they complied with the requests of big companies like eBay and Microsoft but not with smaller companies such as my client.  I don’t know which part of that statement is more moronic: The Defendant sneezing at a 100 year-old company that made $24 Billion last year (triple eBay but less than Microsoft); or that they looked a federal judge in the eye and sneezed at the rights of all companies they did not perceive to be ‘big’.

The verdict is below and many interesting stories will arise.  There are many things to learn from this.  A few of which are:

  • Web hosts must not ignore the violation of anyone’s rights on their watch.
  • Don’t mess with Louis Vuitton.
  • Evidence produced by my office is far better than our competition and can help you win cases like this one.

For more information please contact me by phone at (972) 422-2100 or by email at rob@ipcybercrime.com.

Now, I’m going to finish my coffee.

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Is Social Media a Fad? No.

Folks, as many of you know, I am a huge advocate of social media for brands.  In this world, people spend more time with one another by way of social media, be it email, a social network or blogging.  I find that brands who have embraced social media have, and will benefit greatly over their competition.

Stay tuned.  If there is some interest, there may be a “Tweetup” planned in Atlanta during the IACC conference in October.

Below is a video that explains why your brand should embrace social media, take it by the horns, and slam dunk it.

more about “Socialnomics Summary“, posted with vodpod
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Looking back 5 years after: Bob Holmes (1948-2004)

Today I signed up to walk in the Dallas/Fort Worth Area Out of the Darkness Community Walk to benefit the American Foundation for Suicide Prevention. I have not yet embraced this type of organization mainly because, I guess, I still don’t know how to read my own feelings about my old man’s early departure. The best way I have known to deal with them is to share words about him with those who loved him. Since many of you knew him, I thought perhaps a re-post of the eulogy I read at his funeral would be a suitable memory for all of us five years after…

The earliest memory in my life is sitting in a lifeguard booth between my Dad and his partner, wearing my Dad’s lifeguard hat. And I think figuratively, I’ve been trying to wear his hat my entire life.
RobDad Lifeguard

In the 70s, I saw my father as Officer Jim Street from the TV show SWAT. Jumping over fences and chasing bad guys. In the 80s I saw him as Spenser: For Hire, a tough private eye character from books and television. His favorite movie was The Magnificent Seven. These were tough men that I could never be. And because of that, I always saw myself as a disappointment to my father.

Then, about ten years ago, I drove across the country to get away from the old man. Through a bunch of circumstances, I fell into his line of business. And you know what? Ten years later, I’m doing what my Dad does. And I’m as good as him.

Last year, after my sister’s wedding, we were at a bar and Bob ordered up his usual for himself and for me; a shot of Cuervo and a bottle of Heineken. I lifted my shot glass, and I said, “To my hero.” He lifted his and said, “To mine.” That was my defining moment. I knew that I had gained my father’s respect. That’s all I ever wanted.

There were a few people my father considered his heroes:

His first hero was his father Loren Holmes. His father’s special name for him was “Robbie”. After Loren died when Bob was only ten, Bob instructed everyone to call him “Bobby” because the other name died with his father. Most everybody has called me Robbie my entire life. My father always told me that that name was a piece of his father that he saved to give to his first son.

RobDad1996His best friend’s father, Al Ganary, was a father to him until Al’s passing about ten years ago. Besides of course the daily joy Bob had with his loved ones, the last real good time my father had was at a thing called “Bad Boys Weekend”. This was one weekend a year he and his life-long friends Dave Ganary and Roy Bergey set aside to celebrate the life of their father figure Al Ganary and the bond they all had.

His big brothers Ted and Bub were immortal gods to him; men who couldn’t be harmed or die.

The person he admired most was his mother Mildred. All my life, it was his mother he held up as his example of strength. Not to mention, Bob always said that she had the greatest detective mind that he had ever encountered.

My song to my father is a song Bruce Springsteen wrote to his father. Even though he was a grown man, he still looks to his father in order to know how to walk like a man.”

[Dear family friend Rev. Steve Rahter performed this song live in Linwood, NJ at the funeral.']

Here’s to you, Dad. I’ll see you again.

“Walk Like a Man” by Bruce Springsteen

I remember how rough your hand felt on mine on my wedding day
And the tears cried on my shoulder I couldn’t turn away
Well so much has happened to me that I don’t understand
All I can think of is being five years old following behind you at the beach tracing your footprints in the sand
Trying to walk like a man

By our lady of the roses we lived in the shadow of the elms
I remember ma draggin’ me and my sister up the street to the church whenever she heard those wedding bells
Well would they ever look so happy again the handsome groom and his bride
As they stepped into that long black limousine for their mystery ride
Well tonight you step away from me and alone at the alter I stand
And as I watch my bride coming down the aisle I pray for the strength to walk like a man

Well now the years have gone and I’ve grown from that seed you’ve sown
But I didn’t think there’d be so many steps I’d have to learn on my own
Well I was young and I didn’t know what to do
When I saw your best steps stolen away from you
Now I’ll do what I can
I’ll walk like a man
And I’ll keep on walkin’

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‘To Catch a Pirate’ Parody Video

“To Catch a Pirate” is quite a clever parody of the hit show Dateline NBC’s “To Catch a Predator”. Only this time, it is a BSA-backed parody dealing with filthy pirates. Software pirates. Enjoy.

FYI, Knockoff Report is on hiatus for the summer and will return September 1st with daily news updates and a weekly opinion column.

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