WORLD INTELLECTUAL PROPERTY ORGANIZATION
ARBITRATION AND MEDIATION CENTER
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Anti-Defamation League | Case No: D2005-0751
823 United Nations Plaza |
New York, NY 10017 |
(Complainant) |
| Disputed Domain Name:
-v- |
| ADLUSA.com
Boris Pribich |
PO Box 1154 |
Simi Valley, CA 93062 |
(Respondent) |
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RESPONSE
Word Mark "ADL Anti-Defamation League" in Annex 4 of
the Complaint is Sufficient Evidence that the Complaint
was brought in bad faith for the Administrative Panel (the
"Panel") to issue a decision to transfer domain ADL.ORG
from Complainant to Respondent as relief for Complainant's
attempt at Reverse Domain Name Hijacking as follows:
I. Introduction
1. On August 5, 2005 Respondent received notification
of Commencement of Proceeding from the WIPO Arbitration
and Mediation Center (the "Center") after disclosing his
home address since the courier does not deliver to a P.O.
Box which is the address on record for the domain.
2. Notification states "administrative proceeding has
been commenced against you" indicating bias. Respondent
requested that the Center recuse itself to courts having
jurisdiction over his address or, since he is qualified
to have his court fees and costs waived under California
Rules of Court, to be granted a three person Panel with
fees waived. Instead of granting his requests the Center
disclosed the confidential information to the Complainant
and set August 21, 2005 as the last day for submission of
the Response. That made the Respondent aware that the
Center sells its services to the highest bidder.
3. The Center did not respond to inquiries regarding
procedural matters in a timely manner, thus confirming its
'for profit only' services, compelling the Respondent to
complain to Dr. Kamil Idris, Director General. Respondent
requested a thirty day extension for filing his Response,
but was granted only five days.
II. Respondent’s Contact Information
4. Respondent's contact information:
Boris Pribich
P.O. Box 1154
Simi Valley, CA 93062 USA
Tel: 1 805 522 1363 E-mail: serb@compuserb.com
5. Preferred method of communications directed to
Respondent in this administrative proceeding is:
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Electronic-only material
E-mail: serb@compuserb.com
Contact: Boris Pribich
Material including hardcopy
P.O. Box 1154,
Simi Valley, CA 93062
USA
Contact: Boris Pribich
III. Response to Statements and Allegations
A. The "ADL Anti-Defamation League" Word Mark
6. As shown in Complainant's Annex 4 its Word Mark
is "ADL Anti-Defamation League" with Mark Drawing Code
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS, and not
"ADL" which the Complainant claims could be confused
with "ADLUSA". Following is a list of Trademarks whose
Word Mark is "ADL", while Complainant's is listed as
"ADL Anti-Defamation League".
Trademark Electronic Search System(Tess)
TESS was last updated on Thu Aug 18 04:22:34 EDT 2005
27 Records(s) found (This page: 1 ~ 27)
Current Search: (ADL)[COMB]
Serial No. Word Mark
1 78090875 ADLS
2 76277483 ADL
3 76507882 HOME AIR QUICK CONNECT BY ADL
4 76261658 ADL
5 76261657 ADL
6 75286075 ADL
7 75469772 B-ADL SCALE
8 75815888 ADL
3
9 75528317 ADL HATEFILTER
10 75469771 BAYER-ADL SCALE
11 75411997 ADL ADD-LUBRICATE
12 75194949 ADL AMERICAN DATALINK
13 75010047 ADL ANIMAL DERMATOLOGY LABORATORIES
14 74615659 ADL
15 74274913 ADL ANTI-DEFAMATION LEAGUE
16 74229034 ADL
17 74200754 HIDDEN CHILD FOUNDATION/ADL
18 74165316 ADL
19 74075634 ADL
20 73457211 ALGORITHM DEFINITION LANGUAGE (ADL)
21 73396823 ADL
22 73333943 AMERICAN DIETARY LABS HY-C-PLUS ADL
23 73165254 ADL
24 72143645 ADL
25 81039435 A-D-L
26 72467235 ADL
27 72289754 ADL
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=khf8ae.1.1
Therefore, Complainant can not lay a claim to any "ADL"
Word Mark, and specifically not to Respondent's "ADLUSA"
whose Mark incorporates the U.S. flag. 
6. Complainant's claim that "the public has come to
identify the ADL Mark exclusively with the ADL" does not
extend to initials "ADL" as evidenced in Complainant's
Annex 5 where phrases "Anti-Defamation League (ADL)" and
"Anti-Defamation League of B'nai B'rith" precede initials
"ADL", and Annex 4 which defines Complainant's Word Mark
as "ADL Anti-Defamation League" with the initials "ADL"
embedded in the phrase and inseparable. Complainant's
clever use of terms in order to deceive the reader proves
that its Complaint was brought in bad faith. In addition,
4
the popularity of "ADL" initials is as follows:
Found 14 results for 'ADL' (0.03 seconds):
Sorted By Popularity
1. Activities of daily living Medical
2. Anti Defamation League Community
3. Anti Defamation League Community
4. Advanced Distributed Learning Community
5. Activity Of Daily Living Academic & Science
6. Adelaide, So. Au., Australia Regional Aeronautical
7. Data - Link Governmental » Transportation
8. Activities For Daily Living Community
9. Architecture Definition Language Computing
10. Mca adapter description library (QEMM) Computing
11. Automatic Data Link Governmental
12. Aerially Deposited Lead Academic & Science
13. Add lot Academic & Science
14. Air Defense Lab Governmental
http://www.abbreviationz.com/bs.asp?st=ADL&CRAWL=1&SE=1
Preceeding list disproves Complainant's claim of "public
identifying" "ADL" exclusively with its organization.
B. Respondent's Domain Name
7. Claim that "Respondent has registered the domain
name ADLUSA.COM and has been operating a website at the
Domain Name that offers various pages and links
disparaging ADL and containing false and misleading
information regarding ADL and its activities" is false.
Complainant refers to the statement "Jewish ADL engages
in campaigns of smear, corruption and harassment" which
is based on facts as follows:
ADL must pay in Evergreen case
By Karen Abbott, Rocky Mountain News, March 2, 2004
The Anti-Defamation League must pay a former Evergreen
5
couple it denounced as anti-Semites more than $10 million,
after the U.S. Supreme Court refused Monday to review the
lawsuit....
C. Respondent's Domain Name Is not Confusingly
Similar to Complainant's Mark
8. Complainant's Trademark defined in its Annex 4 as
a drawing and Word Mark "ADL Anti-Defamation League" is
inseparable and thus not similar to "ADLUSA" which the
Respondent has used for three years uncontested.
D. Respondent Has Legitimate Rights and
Interests in the Domain Name
9. As shown in preceeding printout, ADLUSA.COM is one
of the major sources of information on the web regarding
6
legal terminology in connection to traitors on U.S. soil,
such as the Complainant on a mission to conceal the truth
about predatory Jews, who over centuries were expelled
from every country in Europe, see following list, under
the guise of "fighting anti-Semitism and bigotry", just
as a parasite fights being removed from its victim.
Year Place
1. 250 Carthage
2. 415 Alexandria
3. 554 Diocese of Clement (France)
4. 561 Diocese of Uzzes (France)
5. 612 Visigoth Spain
6. 642 Visigoth Empire
7. 855 Italy
8. 876 Sens
9. 1012 Mayence
10. 1181 France
11. 1290 England
12. 1306 France
13. 1348 Switzerland
14. 1349 Hielbronn (Germany)
15. 1349 Hungary
16. 1388 Strasbourg
17. 1394 Germany
18. 1394 France
19. 1422 Austria
20. 1424 Fribourg & Zurich
21. 1426 Cologne
22. 1432 Savory
23. 1438 Mainz
24. 1439 Augsburg
25. 1446 Bavaria
26. 1453 Franconis
27. 1453 Breslau
28. 1454 Wurzburg
29. 1485 Vincenza (Italy)
30. 1492 Spain
31. 1495 Lithuania
32. 1497 Portugal
33. 1499 Germany
34. 1514 Strasbourg
35. 1519 Regensburg
36. 1540 Naples
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37. 1542 Bohemia
38. 1550 Genoa39. 1551: Bavaria
40. 1555 Pesaro
41. 1559 Austria
42. 1561 Prague
43. 1567 Wurzburg
44. 1569 Papal States
45. 1571 Brandenburg
46. 1582 Netherlands
47. 1593 Brandenburg, Austria
48. 1597 Cremona, Pavia & Lodi
49. 1614 Frankfort
50. 1615 Worms51. 1619: Kiev
52. 1649 Ukraine
53. 1654 LittleRussia
54. 1656 Lithuania
55. 1669 Oran (North Africa)
56. 1670 Vienna
57. 1712 Sandomir
58. 1727 Russia
59. 1738 Wurtemburg
60. 1740 Little Russia
61. 1744 Bohemia
62. 1744 Livonia
63. 1745 Moravia
64. 1753 Kovad (Lithuania)
65. 1761 Bordeaux
66. 1772 Jews deported to the Pale of Settlement
67. 1775 Warsaw
68. 1789 Alace
69. 1804 Villages in Russia
70. 1808 Villages & Countrysides (Russia)
71. 1815 Lubeck & Bremen
72. 1815 Franconia, Swabia & Bavaria
73. 1820 Bremes
74. 1843 Russian Border Austria & Prussia
75. 1862 Area in the U.S. under Grant's Jurisdiction
76. 1866 Galatz, Romania
77. 1919 Bavaria (foreign born Jews)
78. 1938-45 Nazi Controlled Areas
79. 1948 Arab Countries
URL: http://adlusa.us/kickdout.htm
10. Further, as a victim of the Jewish Defense League,
the Respondent has Legitimate Rights and Interests in the
Domain Name where he publicizes veiled threats on his life
by Jews as follows: [apologies for Jewish profanities]
8
Date: Tue, 14 Nov 2000 01:49:32 +0200
From: JEWISH DEFENSE LEAGUE - WESTERN REGION JDL@jdl.org.il
To: Asshole[at]AmericanDefenseLeague.com, pribich@gte.net
Subject: American Defense League
http://americandefenseleague.com/
Re: Your new racist, anti-Semitic website
http://americandefenseleague.com/
Congratulations, Boris!
You have been noticed and have now been added to our "Watch
and Monitor" list. Please tell us more about yourself. We
are very interested. Have a nice life....
--
Bill Maniaci
Deputy Director, Jewish Defense League
KOL YISROEL AREIVIM ZEH LAZEH
"HaRav Kahane Tsadak"
ki yad al kes Kah, MILCHAMA HASHEM b'AMALEK, m'dor dor
ha-Mossad le-Modiin ule-Tafkidim Meyuhadim Mossad
"'al ta'amod 'al dam re'ekha" (do not stand idle by your
brother's blood)
Vlamalshinim al thi Tikvah !!!!!
From: "Andy Spungreen" andyg613@hotmail.com
To: pribich@gte.net
Date: Tue, 14 Nov 2000 04:59:41 GMT
Hey Boris, Take Natasha and go back to the little feudal
slovakian country you came from. Evidently you don't know
who you are dealing with. We do things differently here,
Jews have equal rights here, something you are not used to,
you antisemitic prick. Do you want us to raid your house
again ? JDL JDL JDL ZOG ZOG ZOG ISRAEL ISRAEL ISRAEL. Keep
paying your fucking taxes so we can keep ISRAEL well armed
and able to keep schmucks like you away. JDL JDL JDL ZOG
ZOG ZOG
URL: http://adlusa.us/onjdlist.htm
11. Further, Jewish conspiracy against the Respondent
forced him into early retirement at great financial loss
which is also publicized on ADLUSA.COM as follows:
9
Design Community
Open 3D Discussion
Message - Nope but I can make sure
Posted by AutoCAD3D on August 16, 2001 at 04:22:57:
In Reply to: Another AutoCAD3D imposter above posted by
ADL -- dedicated to American interests on August 16, 2001
at 04:18:04:
No one with a Jew in their firm will hire you. You will in
no way be able to get a job with a firm who knows your
background and your nasty little views. I can make sure that
your thoughts are broadcast to the widest possibility of
places. Because you wouldn't WANT to work for a company
that hires JEWS would you Boris?
URL: http://adlusa.us/nohire3d.htm
12. As evidenced by preceeding documents, since Jews
can not controvert the ugly truth about them in courts of
law, they resorted to threats, intimidation and dirty
tricks in an attempt to silence the Respondent.
IV Domain Name was not Registered
and used in Bad Faith
13. As evidenced in Complainant's Annex 1 and Annex 14
ADLUSA.COM was registered after the Anti-Defamation League
of B'nai B'rith protested against Respondent's use of the
initials "ADL" in "ADL American Defense League" on website
hosting AMERICANDEFENSELEAGUE.COM. Even though groundless,
their complaints were sent to Inernet Providers resulting
in loss of several servers as follows:
W, DAVID SNEAD
ATTORNEY AT LAW
2325 ASHMEAD PLACE, N.W.
WASHINGTON, D.C. 20009
TELEPHONE:202-251-2708 * Facsimile: 202-318-4089
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December 16, 2002
By e-mail and post
pribich@gte.net
Boris Pribich
[deleted -- personal info erroniously disclosed]
Simi Valley, Ca [home zip code deleted]
Subject: Information regarding potential violation of
Acceptable Use Policy/
americandefenseleague.com
Dear Sir or Madam:
This letter is written on behalf of Affinity Internet, Inc.
d/b/a WinSave ("Affinity"). Affinity has received a letter
("Document") informing Affinity that the site set out above
may contain content that violates Affinity's Acceptable Use
Policy ("AUP"), or is otherwise illegal or contrary to law.
A copy of this Document is enclosed with the hard copy of
this letter. Affinity takes no position on whether statements
made in the Document are correct. However, please take the
time to review the Document, and the content on your site,
to ensure that they comply with Affinity's AUP, and do not
violate the law.
Please feel free to contact me if you have any questions
about this letter, or you may wish to contact the author of
the Document directly.
Very truly yours,
W. David Snead
Copy Ms. Cademartori
14. Several months before the preceeding letter was
written Respondent registered ADLUSA.COM in response to
protests regarding the "ADL" initials as follows:
To: W. David Snead
Fax:(202) 318-4089
Subject:Acceptable Use Policy
Dear Mr. Snead,
This is to document that www.AmericanDefenseLeague.com is not
in violation of WinSaves's Acceptable Use Policy, as Ms.
Foxman's letter dated December 12, 2002 clearly defines the
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Word Mark "ADL Anti-Defamation League" as Trademark No.
1,776,315 owned by B'nai B'rith, and not "ADL" falsely
claimed without any reference to a Registration Number.
Therefore, WinSave must recognize that the only protected
Word Mark is Trademark No. 1,776,315 as stated above.
Further, www.ADLUSA.com is a registered U.S. domain, and any
claims made against it would violate ICANN policy. Even
though Ms. Foxman has made false claims regarding "ADL", we
have modified our pages linked from our front page to read
"ADL USA" in the interests of informing the American people
without a possibility of interruption that their sons and
daughters are serving the interests of the state of Israel,
and not those of the United States.
Ms. Foxman, the Anti-Defamation League and Fross Zelnick &
Zissu have American blood on their hands; by joining Jewish
Defense League's Chain Conspiracy to betray United States
into the hands of a foreign power they are committing
Treason -- visit www.SerbianDefenseLeague.com to see
indisputable evidence. Ms. Foxman's false claims are proof
of Specific Intent to deceive the American people by
obstructing the truth posted on our web site.
Boris Pribich
cc: Michelle P. Foxman
15. Preceeding documents prove that Respondent acted
in good faith by registering the Domain Name ADLUSA.COM
even though Complainant made false claims.
Complaint was filed in bad faith with an attempt at
Reverse Domain Name Highjacking -- remedy sought
16. The Respondent requests that the Panel issue a
decision to tranfer ADL.ORG to Respondent.
Submitted August 26, 2005
[signature]
Boris Pribich
URL: http://compuserb.com/wipo_response
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WIPO D2005-0751
Addendum to Response Section C
8(b). Concurrent use of the "ADL" Word Mark proves that
Complainant can not claim similarity to "ADLUSA"
which is contested, as its Word Mark "ADL Anti-Defamation League",
see its Annex 4, is inseparable, see following list:
Serial No. Word Mark
01 76277483 ADL
02 76261658 ADL
03 76261657 ADL
04 75286075 ADL
05 75815888 ADL
06 74615659 ADL
07 74229034 ADL
08 74165316 ADL
09 74075634 ADL
10 73396823 ADL
11 73165254 ADL
12 72143645 ADL
13 72467235 ADL
14 72289754 ADL
8(c). Following applies to Complainant before the fact
and to the WIPO after the fact:
§38 (15 U.S.C. §1120). Fraud; civil liability
Any person who shall procure registration in the Patent and
Trademark Office of a mark by a false or fraudulent declaration
or representation, oral or in writing, or by any false means,
shall be liable in a civil action by any person injured thereby
for any damages sustained in consequence thereof.
8(d). Respondent has invested his time and effort in his
presentation at ADLUSA.COM for which the Complainant and
the WIPO will now be held equally accountable.
Submitted August 30, 2005
[signature]
Boris Pribich
WIPO D2005-0751
Addendum II to Response Section C
8(e). Respondent adds the excerpt below from a current
article from an independent source corroborating that the
ADLUSA.COM website is a leading source of information
regarding the Anti-Defamation League of B'nai B'rith and
that such information does not constitute competition in
in trade, but rather criticism of Complainant, see WIPO
Case No. D2005-0674 for reference.
The Peculiar Alliance 09/01/2005 12:00:00 AM
"...And the neo-Nazi ADLUSA website (a site designed to oppose the
Anti-Defamation League) brands the Anti-Defamation League's call
for Hezbollah TV to be designated a foreign terrorist organization
as part of a campaign "of smear, corruption, and harassment," and
promotes the conspiracy theory that Jewish hands were behind the
7/7 and 9/11 terrorist attacks. In case this doesn't make their
position perfectly clear, the ADLUSA features a direct appeal to
Muslims: "Moslems, lay down your guns and join our mission to
remove Jews from positions of power from which they persecute one
people after another; killing Americans misled by Jews only incites
endless wars."...."
SOURCE
8(f). The preceeding was undoubtedly written by Jews in
order to hide their filth exposed by ADLUSA.
Submitted September 1, 2005
[signature]
Boris Pribich
WIPO D2005-0751
Addendum III to Response Section C
8(g). "ADLUSA" is not confused with Complainant's "ADL
Anti-Defamation League" Mark falsely claimed as "ADL" in
the Complaint. See third party use of "ADL" below and
WIPO Case Nos. D2005-0665, D2005-0643.
Submitted September 2, 2005
[signature]
Boris Pribich
WIPO D2005-0751
Addendum IV to Response Section C
8(h). Following Domain Names use "ADL" initials, not its
Word Mark "ADL Anti-Defamation League", concurrently with
Complainant's ADL.ORG:
ADL.ES
ADL.CA
ADL.DK
ADL.AT
ADL.RU
ADL.IT
8(i) Following Domain names also use initials "ADL":
ADLNET.ORG
ADLFEED.COM
ADL.HAYWAY.ORG
ADL-LOGISTICA.ORG
ADLDATA.COM
ADLITTLE.COM
ADLTOBACCO.COM
8(j) The preceeding lists prove that Trademark Law only
protects Goods and Services, not Domain Names. In view of
Complainant's fraudulent representations the Panel must
issue a decision that ADL.ORG be tranferred to Respondent
since Complainant was aware of registration of ADLUSA.COM
three years ago, see Section IV. Respondent lost several
Domain Name servers as a result of Complainant's lies and
the transfer of ADL.ORG would be just compensation.
Submitted September 5, 2005
[signature]
Boris Pribich
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