▼▼▼ POWERMARK HOMES' 2nd DMCA COPYRIGHT INFRINGEMENT CLAIM ▼▼▼

Powermark Homes filed their 1st DMCA Copyright Claim because part of a photo obtained from their website powermarkhomes.com  was used in a Flash file on the home page of our original website powermarkhomes.net  However, they filed this DMCA Copyright Claim because  we used Exhibit "A" of the Lawsuit on this website to show you the photo they didn't want you to see.  Thankfully Greg Beck with Public Citizen filed a counter notification and  even though their lawyers had us shutdown twice we're now back online.

But, questions remain:  Was it legal for Powermark Homes lawyers to use the DMCA to takedown a website for displaying a document taken from public records?  Was our use of a public record copyright infringement?

This email concerns the website powermarkhomessucks.com registered through GoDaddy. I represent Powermark Homes, Inc. Please be advised that the website, contains multiple copyright, trade name and trademark infringements.

1. WHOIS search

Registrant:
Domains by Proxy, Inc.

DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States

Registered through: GoDaddy.com, Inc. (http://www.godaddy.com) Domain Name: POWERMARKHOMESSUCKS.COM Created on: 16-Jun-07 Expires on: 16-Jun-08 Last Updated on: 02-Aug-07

Administrative Contact:
Private, Registration POWERMARKHOMESSUCKS.COM@domainsbyproxy.com
Domains by Proxy, Inc.
DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States
(480) 624-2599 Fax -- (480) 624-2599

Technical Contact:
Private, Registration POWERMARKHOMESSUCKS.COM@domainsbyproxy.com
Domains by Proxy, Inc.
DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States
(480) 624-2599 Fax -- (480) 624-2599

Domain servers in listed order:
NS5.SECURESERVER.NET
NS6.SECURESERVER.NET


Registry Status: clientRenewProhibited
Registry Status: clientTransferProhibited
Registry Status: clientUpdateProhibited
Registry Status: clientDeleteProhibited

See Underlying Registry Data
Report Invalid Whois Available TLDs
POWERMARKHOMESSUCKS. NET$9.99/yr POWERMARKHOMESSUCKS. ORG$6.99/yr SAVE! POWERMARKHOMESSUCKS. INFO$2.99/yr SAVE! POWERMARKHOMESSUCKS. BIZ$9.99/yr POWERMARKHOMESSUCKS. US$7.99/yr POWERMARKHOMESSUCKS. NAME$9.99/yr You might also consider: POWERMARKHOMESSUCKSO NLINE. COM$9.99/yr ONLINEPOWERMARKHOMES SUCKS. COM$9.99/yr POWERMARKHOMESSUCKSH OME. NET$9.99/yr HOMEPOWERMARKHOMESSU CKS. NET$9.99/yr POWERMARKHOMESSUCKSS ITE. ORG$6.99/yr SAVE! SITEPOWERMARKHOMESSU CKS. ORG$6.99/yr SAVE! POWERMARKHOMESSUCKSS HOP. INFO$2.99/yr SAVE! SHOPPOWERMARKHOMESSU CKS. INFO$2.99/yr SAVE! POWERMARKHOMESSUCKSL IVE. BIZ$9.99/yr LIVEPOWERMARKHOMESSU CKS. BIZ$9.99/yr POWERMARKHOMESSUCKSB LOG. US$7.99/yr Available TLDs You may want to consider registering the same name with the following TLD extensions (.com, .net, .org, etc.). Suggested Domain Names Suggested domain names available for you to register. New Home & Builders Guide Find your new home by communities, price, area, builder or lifestyles! www.NewHomeDirectory.com

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GoDaddy.com Powermark Homes, Inc.

A. Electronic signature: Bruce W. McClaim

Bruce W. McClain
Attorney for Powermark Homes, Inc.
1900 Superior Avenue, Suite 307
Cleveland, Ohio 44114
216-333-1321

B. COPYRIGHT INFRINGEMENT: The photograph taken directly from Powermark Homes Inc.’s website (powermarkhomes.com). Copyrighted material includes the photograph shown on the website link: http://powermarkhomessucks.com/PHI_exhibitA.htm

C. The above described photograph is clearly taken directly from the true owner Powermark Homes, Inc.’s website (www.powermarkhomes.com) and the use of the photograph is unauthorized.

D. Bruce W. McClain
Attorney for Powermark Homes, Inc.
1900 Superior Avenue, Suite 307
Cleveland, Ohio 44114
Office: 216-333-1321

E. I, Bruce W. McClain am an attorney and I represent the Complaining Party, Powermark Homes, Inc., and further, I have a good faith belief that use of the photograph in the manner complained of is not authorized by the copyright owner, its agent, or the law.

F. I, Bruce W. McClain further state that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Very truly yours,

Bruce W. McClain