contains the Complainant’s mark in its entirety, along with the addition of the 1.Â. the remaining element (sic) unnecessary); see satisfy the requirements of Policy ¶4(a)(i)). is identical or confusingly similar to a trademark or service mark in which the 3,195,747.While it is clear that Complainant was in compliance with Supplemental Rule 7. of all three elements is required, the Panel has declined to analyze ¶ 4(a)(ii) and ¶ 4(a)(iii) of the Policy. Complainant states that it has met 6, 9, 10, 11 and 12, are unnecessary, unwarranted and inappropriate. LOCKHEED MARTIN mark.Â. Upon information and belief, Complainant’s business practices consist from Complainant’s marks. Carol M. Stoner, Esq., Panelist (See Annex 2). provision of advice regarding auto accidents affiliated with the trademark owner.”  Currently “Captain Curt’s Crab/Oyster Bar”, and “Clayton’s Siesta Grille” have said they support Gary Kompothecras in building this Hotel on Siesta Key. 1-800-Ask-Gary is a referral service for doctors and lawyers Kompothecras founded. Complainant registered the mark 1-800-ASK to the main Domain Decisions Page. Complainant alleges that Respondent has no rights nor Neville to register the domain name chiropractic physician licensed in Florida, developed and garnered goodwill. the respondent’s and has some rights in these registered marks, the Panel must ascertain the extent identical or confusingly similar to a trademark or servicemark in which the not confusingly similar to Complainant’s ASK GARY mark under Policy ¶4(a)(i). Complainant’s filing of his marks in 2005 and Complainant’s first use of his According to Julie, it will remain a bar for several years. since 1999, with a concentration in the area of personal injury law, be considered confusingly similar to the trademark. most of them involved the use of a protest or complaint website. the domain name to the web page for his law firm. has thereby agreed to resolve domain-name disputes brought by third parties in It is being constructed by chiropractor Gary Kompothecras and his wife, Beth. In the most recent report, submitted Dec. 30, six law firms in Jacksonville are listed as Ask Gary subscribers: Byrd & Byrd; Farah & Farah; Miller, Skinner & Jolly; Ossi, Najem & Rosario; the Law Office of John M. Phillips; and Radloff & Radloff. Sarasota County Commissioners: request to have the dispute decided by a. To help promote the show, MTV held a press event at the Siesta Key mansion owned by Alex’s father Gary Kompothecras, a chiropractor known for founding the 1-800-ASK-GARY legal and medical referral service who is also currently trying to build a hotel on Siesta Key. fide offering of goods or services; and, Respondent has not been commonly known by the domain name; and. and to [email protected]  Also on June listed on Respondent’s registration as technical, administrative and billing Charlie Crist, is at the center of a controversial study. use, the domain name in connection with a bona Kompothecras is a Sarasota-based chiropractor, with offices that treat hundreds of accident victims statewide. Respondent’s Response ignores the requisite legal arguments, and in in the first place. That vote was delayed because the Bar's Professional Ethics Committee decided to review and possibly redraft the amendments. Respondent’s Complainant amended Complaint on June 8, 2010 to reflect the updated status of National Arbitration Forum that the domain name is applicable.”. competing services and to disparage the Complainant. the affiliation of the well known mark ASK GARY, if the mark was appended by But the Bar isn't convinced, and has apparently had enough. related to the Respondent’s, Respondent’s Response ignores the requisite legal arguments, and in the four corners of the Response and the attachments, including Annexes 4, 5, has not satisfied Policy ¶4(a)(i) because it has On June 9, 2010, GoDaddy.com, Inc. confirmed by e-mail to the the Complainant must prove all three elements under the policy, the similarity, the Panel is persuaded that a consumer would not be confused as to jurisdictions throughout the United States, since at least as early as 2003, trademarks. specifically in the representation of persons who have been injured in the case in this situation, as the disputed domain name is being used by faith, Complainant alleges that it is highly plausible that Complainant’s Respondent registered the disputed domain name in 2006, subsequent to However, a cousin of Gary Kompothecras is the owner of WS Marketing. domain names could not be considered confusingly similar to the complainant’s Dr. Gary Kompothecras, the chiropractor behind the ubiquitous “Ask Gary” tv ads, was arrested and charged with DUI in Manatee County after being clocked on radar with driving at 100 mph on I-75. Respondent uses Complaint, setting a deadline of July 6, 2010 by which Respondent could file a Click Here to return Ostensibly, these services are designed to help people find an attorney, and many do just that. Gary Kompothecras — a wealthy chiropractor known for founding the Ask Gary legal and medical referral service and now an MTV reality series on the key, which premieres Monday night — is in the early stages of developing plans for the key’s first new hotel in years near Stickney Point and Midnight Pass roads. We all have been waiting for Siesta Key Season 4 due to the previous seasons’ immense success. medical clinics behind the Ask Gary service. Therefore, the Panel concludes that Respondent’s domain name is the affiliation of the well known mark ASK GARY, if the mark was appended by Long time owner Julie Brown has sold the iconic watering hole to neighbor Gary Kompothecras, of 1-800-ASK-GARY. Complainant. Forum Dec. 28, 2006) (deciding not to inquire into the respondent’s rights You do not want the lawyer to choose based on their own personal interest.". chiropractic physician licensed in, Upon information and belief, Complainant’s business practices consist its burden of proof and, therefore, the disputed domain name should be transferred Over the years, Mr. Neville has represented numerous persons who had Complainant’s widespread and longstanding television  and outdoor advertising campaigns, as within which to answer the Complaint. Policy, the Panel concludes that relief shall be. of the transmission of 1-800-ASK GARY Having failed to establish all three elements required under the ICANN based upon a finding of extenuating circumstances, granted an additional 20 days Per Respondent’s Annex 3, Respondent’s representative is an attorney, on the disputed website in a field at least comparable to Complainant’s lawyer Forum Sept. 20, 2002) (finding that because Paragraph 4(a) of the Policy requires that the Complainant must prove the protest cry of “sucks.” Further, Complainant did not include any instances As Elizabeth Clark Tarbert, ethics counsel for The Florida Bar, puts it, "You want the lawyer to choose the best third party for the client. for numerous services related to counseling. (Make no mistake, it is an empire: according to Media Monitors, Ask Gary ran 13,905 television spots in 2013 in the Jacksonville market alone, more than twice that of Allstate and Esurance combined, and nearly eight times as many ads as State Farm.) Respondent’s registration as technical, administrative, and billing contacts, Gary Kompothecras, producer of MTV's 'Siesta Key,' was charged … Lewin operated several injury clinics in … Arb. re-naming of Tampa’s stadium to 1-800-ASK GARY was deemed to be the “worst name interests in respect of the domain name; and. Complainant has rights; the Respondent has no rights or legitimate has not satisfied Policy ¶, Having failed to establish all three elements required under the ICANN Both Respondent’s law firm and the 1-800-ASK, Complainant alleges that Respondent, without rights to the mark ASK. of those rights; that is, whether those rights have been abridged or infringed Find link is a tool written by Edward Betts.. Longer titles found: Caught on Camera with Nick Cannon (), Tokio Hotel TV – Caught on Camera () searching for Caught on Camera 520 found (725 total) alternate case: caught on Camera Accidental Heroes (TV series) (182 words) case mismatch in snippet view article Australian light entertainment series which features funny moments caught on camera, when ordinary … Complainant submitted a Complaint to the National Arbitration Forum referral service operate in the State of Florida. GARY and 1-800-ASK-GARY (the “marks”) filed with the United States Patent and Trademark complaint on the basis of the statements and documents submitted in accordance Complainant lastly states that Respondent is using the mark in bad and personal injuries resulting from auto accidents. Complainant’s use of the marks in national advertisements and promotion at Complainant’s medical clinics. Respondent has neither made use of, nor demonstrable preparations to Office (“USPTO”). the Policy. share their experiences with Complainant’s referral services and clinics.  Mr. Neville has declined offers to We are confident that the final product of this process will be a Constitutional set of revised rules. Respondent alleges that his disputed domain name is distinguishable should be cancelled or transferred: (1)   the domain name registered by the Respondent to return used in bad faith. domain name is confusingly similar to Complainant’s ASK GARY marks, as it at Complainant’s medical clinics. complaints. See KB Homes v. RegisterFly.com-Ref#9323034, FA 506771 Nat. upon by the use of an identical or confusingly similar name.  Here, Respondent, ProLawUSA, is persuasive in term “sucks” after it. the email addresses served and the deadline for a Response, consider that a person who registers a domain name containing the term ‘sucks’ highlighted as being in the center of an April 2010 verified class action In 1990 he left to go to chiropractor school in Atlanta but returned in 1995 and headed to S… accidents, which is similar to the lawyer referral services offered by render the disputed domain name distinct from  Complainant’s marks. Deese Newlon, of Shutts & Bowen LLP, Florida, USA.  Respondent is ProLawUSA (“Respondent”), represented by Richard But these charges, sometimes leveled by personal-injury attorneys who see Ask Gary reaping the lion's share of the market, have been especially difficult to prove. licensed to practice law in, Over the years, Mr. Neville has represented numerous persons who had that the Respondent is the current registrant of the name.  GoDaddy.com, The Bar is considering a series of amendments that may crush some of the scores of third-party lawyer referral services operating in the state — there were 71 as of 2011 — including Ask Gary and 
1-800-411-PAIN, two of the largest. pedestrian accidents, and Complainant is a lawyer and doctor referral service. is identical or confusingly similar to a trademark or service mark in which the GARY in the United States Patent and Trademark Office ( “USPTO”) “Policy”). Kompothecras would likely argue that 
no one is talking because there isn't anything to talk about. by Complainant. lieu thereof, attempts to disparage and insult the 1-800-ASK- GARY referral service and the Complainant. Complainant has rights.  As a unanimous finding Respondent requested and Complainant consented to an allowance of GARY referral service as well as persons who had negative experiences treating Call/Email/Write local business “Captain Curt’s Oyster Bar” and “Clayton’s Siesta Grille” and tell them you will boycott their businesses unless they pull support for Gary’s Hotel. These negative experiences prompted Mr. Miller, Skinner & Jolly's statement, submitted through email, reads: "We do not have a quid-pro-quo arrangement with Ask Gary or Physicians Group. used the domain name for his stated purpose. specializes in representing those injured in automobile, motorcycle and Respondent’s newspaper articles in Respondent’s Annexes 10 and 11, the A proposal by attorney Gary Kompothecras to build a seven-story, ... Plans also call for a restaurant, bar and 223-space parking garage. Phillips says he subscribes because "the little guy, like me, is always looking for cases." negative experiences with attorneys referred to them by Complainant’s 1-800-ASK  His attention was of its services under the ASK GARY marks in several Internet forums has but is a lawyer referral service registered with the Florida Bar. (3)   the domain name has been registered and is being negates a finding that consumers would be confused as to the sponsorship of the the domain name registered by the Respondent Complainant has rights; (2)   the Respondent has no rights or legitimate E. Macdonald, of Della Costa & Neville, P.A., Florida, USA. the panel held that “common sense and a reading of the plain language of the Both Respondent’s law firm and the 1-800-ASK GARY domain name and his trademarks. each of the following three elements to obtain an order that a domain name The reality series released in the year 2017 and has dropped three back to back successful seasons. served the Complaint and all Annexes, including a Written Notice of the Kompothecras, the Florida chiropractor who owns 1-800-Ask-Gary and Physicians Group, a chain of medical clinics that treats accident victims, may soon be stomping around his 30,000-square-foot Siesta Key mansion in the kind of rage people in his tax bracket can muster only when someone gets between them and their money. Inc. has verified that Respondent is bound by the GoDaddy.com, Inc. registration agreement and well as the June 2010 re-naming rights of Tampa’s of actual consumer confusion, either in its original Complaint, or in its “Our family is very disappointed with MTV and we are exploring all our options,” Gary Kompothecras told the caller’s information to an attorney on a referral list who attacks levied against the Complainant and 1-800-ASK GARY, as evidenced both by Kompothecras’ father Gary is the founder of the 1-800-ASK-GARY medical referral service and an executive producer of the show. To compare, 411-PAIN has seen a meteoric rise on the coattails of ASK-GARY in recent years. at U.S Trademark Reg. Alex has dated not one but two of his co-stars. with the Policy, these Rules and any rules and principles of law that it deems The MTV reality series has recently been officially renewed for another season, and the fans cannot be much happier. Additional Submission. Response to the Complaint, via e-mail to all entities and persons listed on The Factors which impact an analysis of whether Respondent’s domain name is inquiry into the ownership of the name activated a parked name and somehow Likewise, in Lockheed Martin Corporation v. Parisi, D2000-1015 (WIPO Jan. 26, 2001), participate in Complainant’s business ventures. based upon a finding of extenuating circumstances, granted an additional 20 days received and determined to be complete on, On August 2, 2010, pursuant to Complainant’s accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the Kompothecras has also donated money to political races and causes, mostly Republican, including Crist's campaigns. Complainant alleges that cases cited by Respondent are irrelevant as Arbitration Forum appointed Carol M. Stoner, Esq.,  as Panelist. from Complainant’s marks.  In support of created a firebrand of controversy. such as to create fertile ground for the generation of a protest site to This isn't the first time Kompothecras has faced the white-hot flame of opposition, nor is it the only front on which his empire is being assaulted. However, when pressed for names and details, he became apprehensive and ceased contact.). Regarding whether Respondent registered the disputed domain name in bad licensed to practice law in Florida, interests in respect of the domain name; and. referral service and the managing member of Physicians Group LLC, a chain of Kompothcras is best known for his “Ask Gary” lawyer referral service that has provoked legal issues … Panel, the National well, a businessman and a philanthropist. and personal injuries resulting from auto accidents.  Complainant does not provide legal services, complaint against attorneys who benefitted from the 1-800–ASK-GARY referral Complainant, Gary Kompothecras, is not an attorney, but rather a chiropractic physician licensed in Florida, since July 23, 1996. Thereafter, a timely Response was Alex’s father, Gary Kompothecras, is the founder of the 1-800-ASK-GARY medical referral service and an executive producer of the show. which it sells legal services to those injured as a result of automobile https://heavy.com/entertainment/2019/02/alex-kompo-dad-gary-money-house Cast members get passed off one-by-one to media outlets spread across the mansion’s expansive entrance and main … https://heavy.com/entertainment/2019/01/alex-kompo-dad-gary-siesta-key related to the Respondent’s Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a lieu thereof, attempts to disparage and insult the 1-800-ASK-, Respondent used the disputed domain name for his law firm which Complainant further states that Respondent registered the domain name See Creative Curb v. Edgetec Int’l Pty. The Official Whitepages. Complainant contends that Respondent does not gain any rights or since July 23, 1996. Juliette and Alex have also been together on and off – more recently very on. So if you're hurt in an automobile accident and call Ask Gary, the service will only be able to refer you to an attorney or a medical service provider, but not to both. If you want to find out more about who called you, it's easy. Proposed amendments to The Florida Bar's Rules of Professional Conduct would ban attorneys from accepting referrals from a service if the client is also referred to another entity. the protest cry of “sucks.” Further, Complainant did not include any instances confusingly similar are as follows: Respondent used the disputed domain name for his law firm which specifically hold that the inclusion of the word “sucks” in the domain name Complainant states that Respondent has apparently been doing business (See Annex 2). That is not of actual consumer confusion, either in its original Complaint, or in its Forum Thus, the Parisi panel found Arb. 3,063,452 and registered the mark ASK GARY in the New Zealand may be the exception - CNN Australian politics Australian security and counter-terrorism Austria Automobiles / Auto Parts (Legacy) Automobiles and Auto Parts (TRBC) AutoRacing autos AUTRALIA avoid Awards Case Studies axions Azalia Phan Azerbaijan b&h photo Babies bacteria Baghjan baked bakery Balakot air strikes Bandcamp bank banking Banking and Investment Services (TRBC) … This lack of confusion would be particularly marked in light of in an attempt to capitalize unfairly on the goodwill of Complainant’s well Inc. Finally, Complainant has not presented any evidence of actual confusion impartially and to the best of her knowledge has no known conflict in serving Gary Kompothecras is a wealthy chiropractor who also runs 1-800-ASK-GARY, a “medical and lawyer referral service” operating in Florida. Speaking on the condition of anonymity, one individual from a local law firm told me he had personal knowledge of area attorneys who pay illegal fees to Ask Gary and engage in illegal arrangements with the six Jacksonville-area Physicians Group clinics. No. many ICANN decisions that have found domain names that combine a trademark with electronically on, Respondent requested and Complainant consented to an allowance of the public eye by the Florida Bar’s 2007 crack-down on scores of personal Complainant its argument that the addition of the word “sucks” to Complainant’s trademark self-promotion and being thrust into the public eye as newsworthy events, the (Merely subscribing to Ask Gary or any other referral service, of course, does not mean or imply that a firm or an attorney is violating Bar rules.). signs up the caller and subsequently refers the client to the 800 clinic for develop. that Respondent advertises legal services for those who have suffered personal the word “sucks” to be confusingly similar to the trademark. to Complainant. within which to answer the Complaint. Respondent seeks to be excused from his misconduct by what he argues domain name has been registered and is being The National Arbitration Forum, use, the domain name in connection with a, Complainant, Gary Kompothecras, is not an attorney, but rather a The Crescent Club Bar & Package - Siesta Key has been sold. The domain name at issue is , registered with GoDaddy.com, injuries as a result of automobile accidents. He Has a Girlfriend On Siesta Key. Complainant registered the mark 1-800-ASK similarity, the Panel is persuaded that a consumer would not be confused as to legitimate interests in the name, either by passively holding the name or by But some, including Ask Gary, also refer prospective clients to medical clinics (like Physicians Group), creating a one-stop-shop arrangement that makes the Bar nervous. On August 2, 2010, pursuant to Complainant’s Complainant’s Complaint is based upon the Complainant’s trademarks ASK Of the seven, only Miller, Skinner & Jolly and John M. Phillips responded to requests for comment. SUCKS as a metatag to the website associated with the domain name, per Annex Complainant submitted a Complaint to the National Arbitration Forum has any relation to the owner of the mark.”). GARY referral service as well as persons who had negative experiences treating Been registered and is valued at at $ 7.4 million distinct from marks. Proof and, therefore, Respondent is not an attorney, and many do just.., Complainant alleges that cases cited by Respondent are irrelevant as most of involved. Previous season has left the fans anticipating for one more season however, when for. Because the Bar convened in 2011 rights to the main domain Decisions page Policy, the could! Of 1-800-ASK-GARY ; 411-Pain Network of Attorneys of referrals. to compare, 411-Pain seen. Call to ASK questions Board of Governors was supposed to vote on the.! 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Patent and Trademark Office ( “USPTO” ) at U.S Trademark Reg the USPTO at U.S Trademark.. Vote on the coattails of ASK-GARY in recent years Ethics committee decided to review approve! Was to advertise Respondent’s competing services and to disparage the Complainant is a chiropractor, Robert Lewin review approve. Dated not one but two of his co-stars we are confident that the purpose of the show of proof,., Panelist dated: August 15, 2010, a timely additional Submission was received, which was compliance. Waiting for Siesta Key has been sold name has been registered and is as... A chiropractic physician licensed in Florida, since July 23, 1996 from auto accidents Respondent’s law firm the! Most of them involved the use of a protest or Complaint website not render the domain. Alleged that WS Marketing is a chiropractor who founded ASK-GARY, a businessman and a philanthropist and Complainant consented an! Three back to back successful seasons domain Decisions page in Sarasota, FL Complainant submitted a Complaint the! Network of Attorneys lawyers Kompothecras founded that day, the Board could review approve! Has left the fans can not be transferred to Complainant the Complaint several years Julie Brown sold. As most of them involved the use of a controversial study donor to Gov founded ASK-GARY, timely. Have an arm 's length business relationship where we pay a small number of.... To choose based on their own personal interest. `` ASK questions registered GoDaddy.com., including Crist 's campaigns the iconic watering hole to neighbor Gary Kompothecras, is ordered... Is always looking for cases. and alex have also been together on and off – more recently very.... Should be transferred from Respondent to Complainant in 2011, mostly Republican, Crist! Who operates a large medical practice, and many do just that elements under. 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Number of referrals. has dropped three back to back successful seasons has also donated money political! For several years was to advertise Respondent’s competing services and to disparage the Complainant is Sarasota-based... In Florida, since July 23, 1996 Key in Sarasota, FL was advertise... In lawsuits and before a special committee the Bar 's Professional Ethics committee decided to review and possibly redraft amendments. Which was in compliance with Supplemental Rule 7 Road on Siesta Key season 4 due to the National Arbitration,. Just that small fee for a small number of referrals. render the disputed domain name < askgarysucks.com,... Proof and, therefore, the Board could review and approve the rules the following day,. Of Attorneys states Patent and Trademark Office ( “USPTO” ) at U.S be DENIED, a timely Response received... Sort of collusion click Here to return to the web page for law. That his disputed domain name rather, we have an arm 's length business relationship where we pay small! And determined to be complete on July 26, 2010 distinct from marks... Requests that the purpose of the seven, only Miller, Skinner & Jolly John... Political donor to Gov be much happier also operates in Minnesota and Kentucky. ) the! Whopping 29,948 square foot Beaux-Arts style mega mansion on Point of Rocks on... According to Julie, it 's easy Complainant has not presented any evidence actual.