….BUT JUST FOR A MOMENT IN TIME
For those of you who were not present at last evening’s Wildomar City Council meeting, you missed my rant. Upon arriving at City Hall, just before the meeting, I was met at the door by a tall young man whom I did not know, but apparently he knew me. He shoved an envelope into my usually gregarious hand and told me that I had been “served.”
What I was served with was a “cease and desist” letter from Patricia Dorati, Publisher of the Menifee Post, Wildomar Gazette and the universally beloved Canyon Lake Observer.
Taking advantage of an always curious audience, I arose during Public Comments and, read word-for-word, the contents of the letter, an act I will replicate for you to now, as follows:
“Please be advised that I own the fictitious business names “Wildomar Magazine” and “Wildomar magazine.com” and that ownership would apply to e-mail, websites and related communications (both verbal and visual) and sites. The website which you currently operate has been done so without my permission and may or may not correctly state my position.
Therefore, please cease and desist from the use of the name, and website.
If the dismantling of this website does not occur within 24 hours then I will take any and all necessary legal or other action against you.
Patricia A. Dorati
Is “other action” a personal threat? After legal, what else is there?
Inasmuch as WordPress is a large blogging website, over which which I have no control, “the dismantling of this website” is not within my power.
Currently, I am consulting with my own legal counsel to ascertain if the purchase of “fictitious names” on June 11, 2010 constitute a legitimate basis for Dorati’s demand or, on the contrary, perhaps constitute an infringement of “my trademark” since I have been publishing as Wildomar Magazine for over 2 years.
And there is always that First Amendment thing.
Nevertheless, in order to exercise good “risk avoidance,” I have already reestablished my blog, as follows:
When and if that site is compromised, Zak and I will follow with the Wildomar Independent, or perhaps, the Wildomar Bee. The potential list of blogging names is endless.
As I continued with my animated speech last evening, I noted that this is the 2nd attempt to squelch my free speech through threats and infringement of my First Amendment rights, the first being last December when then-Mayor Scott Farnam physically assaulted me, a disabled veteran, at a city holiday function function, requiring me to file a complaint with the Wildomar Police Department.
Scott does not know how close he came to been sued for his conduct, but it would have cost Wildomar approximately $50,000 to defend him. The partners in a prestigious San Diego law firm had already agreed to take the case when I decided not to, for the sake of the city.
Therefore, rather then suing him, and by default, the city, I have chosen to make a full disclosure regarding his outrageous and disqualifying conduct toward a citizen of Wildomar, hoping to adversely affect his chance for reelection, should he choose to run.
So then, after 218 articles over 2 years and in excess of 26,000 individual views of Wildomar Magazine, Zak and I invite you to join us and continue in our civic journey at Wildomar City Journal.
Did I make the deadline?