Why Atomic Grow Sucks!

[Mischka]

Originally Posted by Webmaster Email: Rec'd 6/22/2011

June 22, 2011

VIA ONLINE MESSAGE

Mitschka
Commerce Holdings, LLC
www.tomatoville.com

RE: Jim Shellenback v. Commerce Holdings, LLC; Notice of Infringement

Dear Mitschka:

We represent Mr. Shellenback in this current trademark matter.

Mr. Shellenback is the owner of United States Federal Trademark Application Serial No. 85231672 for the word mark ATOMIC GROW. Mr. Shellenback uses this mark in con★★★★★★★★ with his proprietary crop growth products. A copy of the federal trademark application data can be found at the following link:

http://tarr.uspto.gov/tarr?regser=se...Request+Status

Also note that Mr. Shellenback has used and promoted the name ATOMIC GROW in connection with his crop growth products for over 3 years, involving significant investments in time, effort, and financial resources. Mr. Shellenback owns the domain name www.atomicgrow.com, which is operating a live commercial website.

It has recently come to our attention that your company Commerce Holdings, LLC (“Commerce Holdings”), is publicly hosting a “stickied” thread entitled “Why Atomic Grow Sucks!” on its website www.tomatoville.com. On its face, it is clear that the forum thread refers directly to Mr. Shellenback’s products. Furthermore, a review of this thread reveals numerous unverifiable comments which attempt to make “factual” testimonials regarding Mr. Shellenback’s products. Therefore, for this reason, your usage of the mark ATOMIC GROW in connection with this forum thread is likely to cause confusion among the public and constitute a false representation that your company is somehow affiliated with or authorized to speak on behalf of Mr. Shellenback.

It is clear that such usage directly conflicts with Mr. Shellenback’s rights and usage to the mark ATOMIC GROW. This activity is actionable under federal law and may constitute unfair competition, intentional trademark infringement, trademark dilution, and false designation of origin.

In addition, because many of the negative comments geared toward Mr. Shellenback’s products contain purported “factual” testimonials that cannot be verified, such material may constitute defamatory statements entitling Mr. Shellenback to possible state and federal damages. In fact, entitling the forum “Why Atomic Grow Sucks!” actively invites visitors to submit potentially defamatory content and opens your company to possible contributory liability.

Given the above circumstances, we request that your company immediately: 1) take down the “Why Atomic Grow Sucks!” forum thread from www.tomatoville.com; and 2) cease and desist any and all use of ATOMIC GROWTM in connection with crop growth products.

We believe it is in our mutual best interests to communicate openly about the matter and thereby avoid future conflict and expense. It is our client’s intent to reach an amicable resolution to this matter as expeditiously as possible. Therefore, we require that you respond to this letter no later than Friday, July 8, 2011 at 5PM PST, alerting us of your intent to comply with the provisions of this letter. If we do not hear from you, we will proceed accordingly and initiate whatever legal action is necessary to assert our client’s rights.

This letter is written in the interest of confidential settlement. Nothing contained in this letter is intended to, nor shall it constitute, a waiver or relinquishment of any rights, claims, or positions possessed by Mr. Shellenback, all of which are expressly reserved.

Very truly yours,

RAJ ABHYANKER, PC
Attorneys for Mr. Shellenback

--------------------------------

Referring Page: http://www.tomatoville.com/
IP Address: 99.38.183.38
User Name: Unregistered
User ID: 0

HAHAHAHAHAHAHAHAHAHAHA!

Dear Raj Abhyanker,

It is clearly my opinion and the opinion of many members here that the product sold and marketed by the company High Yield Industries, under the name "Atomic Grow" sucks.

Please commence litigation at your earliest convenience.

That is all.

p.s. - the thread stays.