Law suit against Suzette Hubbard White

Though I do not post on any message board other than ESK, I had to comment on the recent Ex Scn Board posts concerning Suzette White and a law suit filed against her:

Subject: [XSO] Suzette Hubbard White gets indicted for willful trademark and copyright infringement
L. Ron's daughter gets indicted bigtime in U.S. federal court. Ironic?
http://www.iptrademarkattorney.com/2009 ... rcise.html
http://dockets.justia.com/docket/court- ... id-435041/


If this response might be forwarded to other message boards, would appreciate it.

Suzette is NOT a poster, NOT a member, of any anti-Scn boards, and NOT an ex-Scn, but she is a long term friend, and was made aware of the posts … obviously being aware of the law suits. Suzette is an independent thinker and just … she is very different in heart and actions to her siblings, all of whom I know. I personally know of many people, myself included, who, when unjustly attacked by Church officials, Suzette put her neck and reputation on the line to help, the only one of the clan I have experienced this type of loyalty and friendship from, and the only one I have seen do such. She has a killer sense of humor, as well as a heart of gold. None of the kids are “trust babies” living off Hubbard’s Scientology wealth, another story where Miscavage forced all the family to sign over to the church all legal rights they had as heirs to Hubbard. She loves kids and is the type of person that will directly intervene with an abusive situation with kids or people on the street.

The mean and nasty things said of her on Xscn board are plain ignorant, obviously being written by people who have not met her nor have any idea of who she really is.

Suzette sent a copy of her letter responding to the plaintiff’s attorney to some of her closest friends and associates. I have not asked her permission to forward this to the boards, but believe it is the right thing to do.

I have had the misfortune of being involved in about a dozen law suits in my life. I learned that prosecuting lawyers often don’t let the truth get in the way of a good law suit. In my own law suits against others, often to my ultimate disadvantage, I don’t let them embellish or modify the truth to make it more condemning, even though every lawyer I have ever used has tried that. Supposedly it has a "shock and awe effect". I had enough of the embellish and change the truth shit from my Scientology career.

Studying the below letter will show the facts to be different to what was stated. If I were her, I would counter sue for slander and frivolous law suit, but she is not that way.

Suzette did thank me for forwarding her the Ex Scn links, which contained some information she did not have, so I forward her thanks to those posters.

The letter is as sent to the attorney with only the actual site owners name removed.

Outlander.


- - - - - -

This is my reply to the lawsuit. All that is changed is the name of the real owner of the web site in question:

Joseph P. Costa, Esq.
COSTA ABRAMS & COATED LLP
1221 Second Street, Third Floor
Santa Monica, CA 90401

Dear Mr. Costa:

I have been informed that you have filed a complaint against me, Case No. 2:2009cv00243, on behalf of your client, Perfect Pushup, LLC.

I am writing this to inform you of a few facts:

-- I was the web administrator who originally filed the PerfectPushUps.com domain name in March 2005, which I did on behalf of ____ (SE) who is the actual owner of the domain.

-- I assisted ____ (SE) in putting up a web site back in April 2005. You can see some of the original web pages at these www-archive links: (Note: This earlier web site is no longer up.)

http://web.archive.org/web/*/http://perfectpushups.com

-- This web site was up more than a year before your client registered their domain name, PerfectPushUp.com, and their Perfect Push Up trademark, both of which were registered in June 2006.

-- In the summer of 2006, a member of your client's company, Mark Friedman, approached ____ (SE). They met at a restaurant in Northridge. Your client offered to purchase the domain name, PerfectPushUps.com, for the sum of $200.00.

-- As the PerfectPushUps.com domain name was just ONE of a series of "Perfect__(exercise)____.com" domain names that ____ (SE) owned, ____ (SE) said no to the $200 offer.

-- Knowing that they did not have claim to the "PerfectPushUps.com" domain name, your client went ahead with their marketing plans, PerfectPushUp.com web site and TV advertising. Apparently, any possible confusion between "PerfectPushUps.com" and "PerfectPushUp.com" was a risk that your client was willing to take.

-- In 2008, ____ (SE) put up an Amazon.com "brand" store using the PerfectPushUps.com domain name that he owns. This Amazon affiliate store sells, on it's front page, whatever pushup-related products that Amazon.com is selling.

-- I just looked at this affiliate store, and it mostly sells YOUR CLIENT'S PRODUCTS! I fail to see anything in there that infringes on your client's trademark. Furthermore, any complaint you have with "counterfeit goods", if such even exist, is actually with Amazon.com as they are the ones selling and fulfilling the products.

The upshot is this:

a) You are going to have a very hard time proving to a court of law that I am an infringer on your client's marks, seeing as how I registered a domain name more than a year before your client registered their domain name and trademark.

b) You are going to have a very hard time proving in a court of law that I host, own or administer the current PerfectPushUps.com affiliate-sales web site, because I don't own it, host it or administer it, and I did not construct any part of it.

c) You are going to have a very hard time proving in a court of law that anyone but Amazon.com is responsible for selling and/or fulfilling any real or imagined "counterfeit goods".

d) You are also going to have a very hard time proving to a court of law that someone can't use an existing web domain as an affiliate sales site. Affiliate marketing is a fact of life on the web, and your client pursued their marketing strategy knowing full well that an alternate and very similar domain already existed.

- - - - - -

So, you can tell your client this:

Your client can spend money on a frivolous lawsuit, which I am perfectly willing to endure, or your client can make ____ (SE) another offer to purchase the domain name.

How much would ____ (SE) sell it for?

I don't know. Your client should talk to him, not me. It isn't any of my beeswax.


Sincerely,

Suzette White
Original registrant of the PerfectPushUps.com domain name
but NOT the owner of the domain,
and NOT the hoster, webmaster nor administrator of the domain

Thanks, outlander. Suzette sounds like a terrific lady. This certainly appears to be a baseless lawsuit, and it's a shame that she has to deal with it and the guilt by association with her father's name.

I got all excited for nothing. The truth is what matters here afterall.

Bravo Suzette. Good to know there's one member of the Hubbard family who's alive and alright. You will have the honor of Friendship Regal status, should you ever make it into my fanfic saga. Someone had to motivate the world's most benevolent secret society to reform and save the church her father stole their Gnostic knowledge to build, teach them how to scare DM into compliance (which they've done), and mastermind the reform efforts (through agents and shielding identities, of course). In you I have found the perfect candidate for this and another awesome Scientologist. Just one more question: Did you really know Arnie Lerma or is he as full of hot air as I have long believed?

I was just kidding around. I do that a lot. The story bits were meant as flattery, I’m sorry if they weren’t seen that way. As for the real Suzette, well, she seems a smart forthright person, and that is good. I hope she continues to triumph over the adversity in her life, just as I hope for anyone of her character. Same to Loony Lerma, who has done much for his cause despite his well-earned nickname. If they ever meet again, may it be as peaceful acquaintances or whatever else they deem best.