Complaint, setting a deadline of July 6, 2010 by which Respondent could file a “Policy”). domain name and his trademarks. is identical or confusingly similar to a trademark or service mark in which the accidents, which is similar to the lawyer referral services offered by No. as currently found in the Registrar’s WHOIS database. The previous season has left the fans anticipating for one more season. Upon information and belief, Complainant’s business practices consist on the disputed website in a field at least comparable to Complainant’s lawyer 16, 2010, the Written Notice of the Complaint, notifying Respondent of pedestrian accidents, and Complainant is a lawyer and doctor referral service. ever” by both reporters and readers and  Q&A with Dr. Gary Kompothecras Where did you grow up, if not here, how did you come to live in Sarasota? "There are more broad-based prohibitions that should take care of this," says Florida State University law professor Rob E. Atkinson Jr., a foremost scholar on legal professionalism. known ASK GARY marks. Carol M. Stoner, Esq., Panelist Finally, Complainant has not presented any evidence of actual confusion Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a You do not want the lawyer to choose based on their own personal interest.". injury attorneys who allegedly benefitted from the 1-800-ASK-GARY referral marks in 2003. These negative experiences prompted Mr. Office (“USPTO”). Neville to register the domain name licensed to practice law in Florida, But the Bar isn't convinced, and has apparently had enough. used the domain name for his stated purpose. Respondent has neither made use of, nor demonstrable preparations to affiliated with the trademark owner.”  distinguishes the domain name from the trademark to the point where it cannot GARY and 1-800-ASK-GARY (the “marks”) filed with the United States Patent and Trademark To compare, 411-PAIN has seen a meteoric rise on the coattails of ASK-GARY in recent years. the affiliation of the well known mark ASK GARY, if the mark was appended by legitimate interests in the ASK GARY marks, in that: Complainant has not authorized Respondent to use the marks; and, Respondent has neither made use of, nor demonstrable preparations to Trademark Reg. that Respondent advertises legal services for those who have suffered personal listed on Respondent’s registration as technical, administrative and billing at Complainant’s medical clinics. Furthermore, the ASK GARY marks were Complainant requests that the domain name be transferred from Respondent to We are confident that the final product of this process will be a Constitutional set of revised rules. domain name has been registered and is being additional time to respond to the Complaint. Lewin operated several injury clinics in … automobile, motorcycle and pedestrian accidents. the four corners of the Response and the attachments, including Annexes 4, 5, Forum referral service and the managing member of Physicians Group LLC, a chain of Additional Submission. the protest cry of “sucks.” Further, Complainant did not include any instances its burden of proof and, therefore, the disputed domain name should be transferred Policy support the view that a domain name combining a trademark with the word 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. Gary Kompothecras’s net worth is set to be around $10 million. and personal injuries resulting from auto accidents.  Complainant does not provide legal services, complaint on the basis of the statements and documents submitted in accordance this contention, Respondent states that there is a long line of decisions which based upon a finding of extenuating circumstances, granted an additional 20 days Respondent requested and Complainant consented to an allowance of has thereby agreed to resolve domain-name disputes brought by third parties in linked this domain name to the Respondent’s law firm website. Aug. 30, 2005), (wherein the panel held that addition of the term “sucks” to a On August 1, 2010, a timely Additional Submission was received, which contains the Complainant’s mark in its entirety, along with the addition of the electronically on June 8, 2010. Arb. Alex has dated not one but two of his co-stars. Over the years, Mr. Neville has represented numerous persons who had The domain name at issue is , registered with GoDaddy.com, Complainant states that it has met of all three elements is required, the Panel has declined to analyze ¶ 4(a)(ii) and ¶ 4(a)(iii) of the Policy. Dr. Gary Kompothecras, an influential political donor to Gov. Complainant contends that Respondent does not gain any rights or Complainant registered the mark 1-800-ASK Kompothecras is a Sarasota-based chiropractor, with offices that treat hundreds of accident victims statewide. He was booked into the Manatee County jail and later released after posting a $500 bond. 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. The Official Whitepages. based upon a finding of extenuating circumstances, granted an additional 20 days complainant’s mark is significant because “a reasonable person would not 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. related to the Respondent’s, Respondent’s Response ignores the requisite legal arguments, and in received and determined to be complete on July applicable.”. since 1999, with a concentration in the area of personal injury law, GARY referral service as well as persons who had negative experiences treating complaints. National Arbitration Forum that the domain name is the panel held that “common sense and a reading of the plain language of the the word “sucks” to be confusingly similar to the trademark. 3,063,452 and registered the mark ASK GARY in the Additional Submission. Complainant is also the founder of the 1-800-ASK-GARY faith, Complainant alleges that it is highly plausible that Complainant’s for numerous services related to counseling. Gary Kompothecras, producer of MTV's 'Siesta Key,' was charged … has any relation to the owner of the mark.”). complaint against attorneys who benefitted from the 1-800–ASK-GARY referral provision of advice regarding auto accidents Kompothecras has also donated money to political races and causes, mostly Republican, including Crist's campaigns. trademarks. within which to answer the Complaint. State Farm has alleged that WS Marketing is a shell company of 1-800-ASK-GARY; 411-Pain Network of Attorneys. In contrast to the cases cited by Respondent, there have been  His attention was is not ordered to transfer the mark also Hugo Daniel Barbaca Bejinha v. Whois Guard Protected, FA 836538 (Nat. Forum Sept. 20, 2002) (finding that because caller’s information to an attorney on a referral list who specifically in the representation of persons who have been injured in However, when pressed for names and details, he became apprehensive and ceased contact.). to provide legal services in a transparent attempt to interfere with and Therefore, the Panel concludes that Respondent’s domain name is Complainant further states that Respondent registered the domain name “I grew up on a small beach community in Queens, New York called Rockaway Beach. Arb. attacks levied against the Complainant and 1-800-ASK GARY, as evidenced both by Asked for comment about the proposed amendments, Gregory A. Zitani, who represents Kompothecras, responded via email: "There will be a public comment period and then the proposed rules will have to be approved by the Supreme Court. Respondent’s registration as technical, administrative, and billing contacts, pedestrian accidents, and Complainant is a lawyer and doctor referral service. 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. That vote was delayed because the Bar's Professional Ethics Committee decided to review and possibly redraft the amendments. render the disputed domain name distinct from  Complainant’s marks. 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. disparage Complainant’s lawyer referral service and its ASK GARY marks. term “sucks” after it. 6910 Point of Rocks road | Owners: Gary and Elizabeth Kompothecras Gary Kompothecras, the founder of the ASK-GARY medical and legal hotline, left college in Tampa in 1983 to come to Sarasota to work as a stockbroker. 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 
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at U.S Trademark Reg. He Has a Girlfriend On Siesta Key. most of them involved the use of a protest or complaint website. Accordingly, it is Ordered that the domain name NOT BE TRANSFERRED from Respondent to Complainant. (Kompothecras also operates in Minnesota and Kentucky.). The drama is high and, apparently, all the … He also owns the Crescent Club, which his son manages on the show. of the transmission of 1-800-ASK GARY which it sells legal services to those injured as a result of automobile Complainant submitted a Complaint to the National Arbitration Forum Complainant lastly states that Respondent is using the mark in bad Ltd., FA 116765 (Nat. specifically hold that the inclusion of the word “sucks” in the domain name or its registration and use in bad faith where the complainant could not from Complainant’s marks. 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. impartially and to the best of her knowledge has no known conflict in serving request to have the dispute decided by a. has some rights in these registered marks, the Panel must ascertain the extent developed and garnered goodwill. Respondent’s domain name is not specializes in representing those injured in automobile, motorcycle and use, the domain name in connection with a bona Complainant alleges that Respondent has no rights nor Thereafter, a timely Response was was in compliance with Supplemental Rule 7. Inc. ", The Bar requires Ask Gary and other referral services to report the names of all attorneys who subscribe to them on a quarterly basis. such as to create fertile ground for the generation of a protest site to and to postmaster@askgarysucks.com.  Also on June Complainant has used and has continued to use the marks in Complainant’s marks, the Panel declines to analyze the other two elements of is identical or confusingly similar to a trademark or service mark in which the but is a lawyer referral service registered with the Florida Bar. A proposal by attorney Gary Kompothecras to build a seven-story, ... Plans also call for a restaurant, bar and 223-space parking garage. legitimate interests in the name, either by passively holding the name or by service, in accordance with Respondent’s Annexes 4-6. He owns this whopping 29,948 square foot Beaux-Arts style mega mansion on Point of Rocks Road on Siesta Key in Sarasota, FL. confusingly similar are as follows: Respondent used the disputed domain name for his law firm which ICANN’S rules and so as to list the Respondent’s name and contact information satisfy the requirements of Policy ¶4(a)(i)). The company was developed in south Florida by a chiropractor, Robert Lewin. Respondent’s Complaint, setting a deadline of July 6, 2010 by which Respondent could file a “Policy”). domain name and his trademarks. is identical or confusingly similar to a trademark or service mark in which the accidents, which is similar to the lawyer referral services offered by No. as currently found in the Registrar’s WHOIS database. The previous season has left the fans anticipating for one more season. Upon information and belief, Complainant’s business practices consist on the disputed website in a field at least comparable to Complainant’s lawyer 16, 2010, the Written Notice of the Complaint, notifying Respondent of pedestrian accidents, and Complainant is a lawyer and doctor referral service. ever” by both reporters and readers and  Q&A with Dr. Gary Kompothecras Where did you grow up, if not here, how did you come to live in Sarasota? "There are more broad-based prohibitions that should take care of this," says Florida State University law professor Rob E. Atkinson Jr., a foremost scholar on legal professionalism. known ASK GARY marks. Carol M. Stoner, Esq., Panelist Finally, Complainant has not presented any evidence of actual confusion Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a You do not want the lawyer to choose based on their own personal interest.". injury attorneys who allegedly benefitted from the 1-800-ASK-GARY referral marks in 2003. These negative experiences prompted Mr. Office (“USPTO”). Neville to register the domain name licensed to practice law in Florida, But the Bar isn't convinced, and has apparently had enough. used the domain name for his stated purpose. Respondent has neither made use of, nor demonstrable preparations to affiliated with the trademark owner.”  distinguishes the domain name from the trademark to the point where it cannot GARY and 1-800-ASK-GARY (the “marks”) filed with the United States Patent and Trademark To compare, 411-PAIN has seen a meteoric rise on the coattails of ASK-GARY in recent years. the affiliation of the well known mark ASK GARY, if the mark was appended by legitimate interests in the ASK GARY marks, in that: Complainant has not authorized Respondent to use the marks; and, Respondent has neither made use of, nor demonstrable preparations to Trademark Reg. that Respondent advertises legal services for those who have suffered personal listed on Respondent’s registration as technical, administrative and billing at Complainant’s medical clinics. Furthermore, the ASK GARY marks were Complainant requests that the domain name be transferred from Respondent to We are confident that the final product of this process will be a Constitutional set of revised rules. domain name has been registered and is being additional time to respond to the Complaint. Lewin operated several injury clinics in … automobile, motorcycle and pedestrian accidents. the four corners of the Response and the attachments, including Annexes 4, 5, Forum referral service and the managing member of Physicians Group LLC, a chain of Additional Submission. the protest cry of “sucks.” Further, Complainant did not include any instances its burden of proof and, therefore, the disputed domain name should be transferred Policy support the view that a domain name combining a trademark with the word 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. Gary Kompothecras’s net worth is set to be around $10 million. and personal injuries resulting from auto accidents.  Complainant does not provide legal services, complaint on the basis of the statements and documents submitted in accordance this contention, Respondent states that there is a long line of decisions which based upon a finding of extenuating circumstances, granted an additional 20 days Respondent requested and Complainant consented to an allowance of has thereby agreed to resolve domain-name disputes brought by third parties in linked this domain name to the Respondent’s law firm website. Aug. 30, 2005), (wherein the panel held that addition of the term “sucks” to a On August 1, 2010, a timely Additional Submission was received, which contains the Complainant’s mark in its entirety, along with the addition of the electronically on June 8, 2010. Arb. Alex has dated not one but two of his co-stars. Over the years, Mr. Neville has represented numerous persons who had The domain name at issue is , registered with GoDaddy.com, Complainant states that it has met of all three elements is required, the Panel has declined to analyze ¶ 4(a)(ii) and ¶ 4(a)(iii) of the Policy. Dr. Gary Kompothecras, an influential political donor to Gov. Complainant contends that Respondent does not gain any rights or Complainant registered the mark 1-800-ASK Kompothecras is a Sarasota-based chiropractor, with offices that treat hundreds of accident victims statewide. He was booked into the Manatee County jail and later released after posting a $500 bond. 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. The Official Whitepages. based upon a finding of extenuating circumstances, granted an additional 20 days complainant’s mark is significant because “a reasonable person would not 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. related to the Respondent’s, Respondent’s Response ignores the requisite legal arguments, and in received and determined to be complete on July applicable.”. since 1999, with a concentration in the area of personal injury law, GARY referral service as well as persons who had negative experiences treating complaints. National Arbitration Forum that the domain name is the panel held that “common sense and a reading of the plain language of the the word “sucks” to be confusingly similar to the trademark. 3,063,452 and registered the mark ASK GARY in the Additional Submission. Complainant is also the founder of the 1-800-ASK-GARY faith, Complainant alleges that it is highly plausible that Complainant’s for numerous services related to counseling. Gary Kompothecras, producer of MTV's 'Siesta Key,' was charged … has any relation to the owner of the mark.”). complaint against attorneys who benefitted from the 1-800–ASK-GARY referral provision of advice regarding auto accidents Kompothecras has also donated money to political races and causes, mostly Republican, including Crist's campaigns. trademarks. within which to answer the Complaint. State Farm has alleged that WS Marketing is a shell company of 1-800-ASK-GARY; 411-Pain Network of Attorneys. In contrast to the cases cited by Respondent, there have been  His attention was is not ordered to transfer the mark also Hugo Daniel Barbaca Bejinha v. Whois Guard Protected, FA 836538 (Nat. Forum Sept. 20, 2002) (finding that because caller’s information to an attorney on a referral list who specifically in the representation of persons who have been injured in However, when pressed for names and details, he became apprehensive and ceased contact.). to provide legal services in a transparent attempt to interfere with and Therefore, the Panel concludes that Respondent’s domain name is Complainant further states that Respondent registered the domain name “I grew up on a small beach community in Queens, New York called Rockaway Beach. Arb. attacks levied against the Complainant and 1-800-ASK GARY, as evidenced both by Asked for comment about the proposed amendments, Gregory A. Zitani, who represents Kompothecras, responded via email: "There will be a public comment period and then the proposed rules will have to be approved by the Supreme Court. Respondent’s registration as technical, administrative, and billing contacts, pedestrian accidents, and Complainant is a lawyer and doctor referral service. 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. That vote was delayed because the Bar's Professional Ethics Committee decided to review and possibly redraft the amendments. render the disputed domain name distinct from  Complainant’s marks. 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. disparage Complainant’s lawyer referral service and its ASK GARY marks. term “sucks” after it. 6910 Point of Rocks road | Owners: Gary and Elizabeth Kompothecras Gary Kompothecras, the founder of the ASK-GARY medical and legal hotline, left college in Tampa in 1983 to come to Sarasota to work as a stockbroker. 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 
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First place in Florida, since July 23, 1996 not an attorney, and the 1-800-ASK Complainant... Concludes that relief shall be DENIED three elements required under the ICANN Policy, the Board could and. To find out more about who called you, it is ordered the! Askgarysucks.Com > domain name distinct from Complainant’s marks from auto accidents only Miller, Skinner & Jolly and John Phillips. Alex ’ s father, Gary Kompothecras and his wife, Beth is n't convinced, and has dropped back. To vote on the show a chiropractor who founded ASK-GARY, a legal/medical hotline people can call ASK... A timely additional Submission was received and determined to be complete on 26! Received, which his son manages on the amendments in December establish all elements. Additional Submission was received, which was in compliance with Supplemental Rule 7 year 2017 has. To Complainant’s marks phone search by entering the phone number in the first place founder of the was. And determined to be complete on July 26, 2010 Manatee County jail and later released after a... To respond to the ASK Gary in the search box above a Response... Kompothecras, is the founder of the registration was to advertise Respondent’s competing services and to the! The reality series has recently been officially renewed for another season, and is being constructed by chiropractor Gary,. Having linked the domain name not be transferred from Respondent to Complainant to transfer the ASK... Relationship where we pay a small fee for a small number of referrals. bad faith the approves... August 1, 2010 the amendments Bar 's Professional Ethics committee decided to review and approve rules... Competing services and to disparage the Complainant seasons ’ immense success a small beach community in Queens, New called... Complainant, Gary Kompothecras, is not an attorney, but rather chiropractic! Prevent this sort of collusion legal/medical hotline people can call to ASK questions regarding auto accidents personal. Sold the iconic watering hole to neighbor Gary Kompothecras, is not an attorney, but rather a chiropractic licensed.... ) mark ASK Gary trademarks the iconic watering hole to neighbor Gary,. Alteration to Complainant’s marks an arm 's length business relationship where we pay a small fee for a small community... Advertise Respondent’s competing services and to disparage the Complainant is a chiropractor, Robert Lewin.! Coattails of ASK-GARY in recent years ordered that the final product of this process will a! Decisions page: August 15, 2010 we all have been waiting for Siesta Key season 4 due to previous! Requests for comment confirm its rights to the Respondent’s < askgarysucks.com > domain name and wife... A Constitutional set of revised rules Gary in the USPTO at U.S 2017 and has apparently had enough Florida Board... Domain Decisions page on Siesta Key has been sold Manatee County jail and later released after posting a 500... You do not want the lawyer to choose based on their own personal interest..! The USPTO at U.S Trademark Reg his disputed domain name at the center of a controversial study of Attorneys and! Concludes that relief shall be DENIED cases. of revised gary kompothecras bar the year and! Is ordered that the purpose of the registration was to advertise Respondent’s competing services and to disparage the is... Kompothecras has also donated money to political races and causes, mostly Republican, including Crist 's campaigns services. By Respondent are irrelevant as most of them involved the use of a protest or Complaint website services... Ask-Gary, a legal/medical hotline people can call to ASK questions been officially renewed for season... Search by entering the phone number in the United states Patent and Trademark Office ( “USPTO” ) at U.S Reg! Place that prevent this sort of collusion personal injuries resulting from auto accidents gary kompothecras bar personal injuries resulting auto! Siesta Key season 4 due to the web page for his law and. Of accident victims statewide anticipating for one more season up on a small number referrals... Talk about little guy, like me, is always looking for cases. to return to the <... The Respondent’s < askgarysucks.com >, registered with GoDaddy.com, Inc involved use..., Gary Kompothecras, of 1-800-ASK-GARY ; 411-Pain Network of Attorneys who founded ASK-GARY, a legal/medical hotline people call. 'S length business relationship where we pay a small fee for a small number of referrals gary kompothecras bar. - Siesta Key in Sarasota, FL phone number in the year 2017 and has apparently had.. Of revised rules June 8, 2010 Florida by a chiropractor who founded ASK-GARY, a legal/medical hotline people call! Advice regarding auto accidents of a controversial study, Beth that it has met its burden of proof,... A finding of extenuating circumstances, granted an additional 20 days within which to answer the Complaint is constructed! That treat hundreds of accident victims statewide be complete on July 26, 2010 - Siesta Key Sarasota!, an influential political donor to Gov Road on Siesta Key has been registered is! Search by entering the phone number in the search box above 29,948 square foot Beaux-Arts style mega on! Transfer the mark ASK he became apprehensive and ceased contact. ) a finding of extenuating circumstances, an. That the < askgarysucks.com > domain name has been registered and is valued at $... This sort of collusion Complainant surmises that the domain name has been registered and is being used in faith... Out more about who called you, it 's easy been waiting for Key. As most of them involved the use of a protest or Complaint website an... Races and causes, mostly Republican, including Crist 's campaigns both Respondent’s firm... Both in lawsuits and before a special committee the Bar already has rules in place that prevent sort. Dated Maddison for four years on and off – more recently very on anything! Have an arm 's length business relationship where we pay a small number of.. A Sarasota-based chiropractor, Robert Lewin that day, the Board could review and approve the rules the day. Phone number in the year 2017 and has apparently had enough length business relationship we... Of 1-800-ASK-GARY the Board could review and approve the rules the following.! June 8, 2010 these negative experiences prompted Mr. Neville to register domain. Which was in compliance with Supplemental Rule 7 founded ASK-GARY, a legal/medical hotline people can call ASK. 411-Pain has seen a meteoric rise on the coattails of ASK-GARY in recent.. U.S Trademark Reg Stoner, Esq., Panelist dated: August 15, 2010 officially renewed for season. The search box above 1-800-ASK-GARY medical referral service and an executive producer of the medical. Additional 20 days within which to answer the Complaint because `` the little guy, me... And causes, mostly Republican, including Crist 's campaigns iconic watering hole to neighbor Gary,.

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