Shay Seaborne

--- In [email protected], "hsferret" <HSLRAwa@s...>
wrote:
Recently, several homeschoolers have asked why HSLDA.US was closed
down. The web site contained a great deal of educational
information - not available anywhere else - which enabled
homeschoolers to make an informed choice about whether membership in
HSLDA (Home School Legal Defense Association) would be a choice for
their family.

HSLDA sent the registered owner of the domain name a letter ordering
that the site be shut down because of trademark infringement
("HSLDA") and accusations of Cybersquatting. Because the owner had
graciously offered web space for the authors of HSLDA.US and because
the authors believed it was improper to place that owner in legal
jeopardy, the site was taken down. The authors also believe this
action by HSLDA was an attempt to silence their critics and prohibit
potential members from being fully informed about HSLDA. HSLDA has
purchased the domain HSLDA.US.

The authors of the More Information About HSLDA pages maintain that
the content of HSLDA.US was accurate to the best of our knowledge
and note that Home School Legal Defense Association did not challenge
the accuracy of that content.

We do not believe the use of the word-mark HSLDA is a copyright
infringement for several reasons: trademark laws indicate there is
a problem if you are profiting from using someone else's `word-mark'.
Obviously, HSLDA.US was using "HSLDA" in a non-commercial, non-
profit manner and was not diverting business from HSLDA, but rather serving
as an educational venue for information about Home School Legal
Defense Association. Using a `word-mark' is permissible in an
educational manner, criticism or as an identifier of the owner of
the mark, all of which HSLDA.US felt was an appropriate - and legal -
use. Indeed, HSLDA gave up the use of the word-mark `HSLDA' with
regard to printed materials in 1990.

The intent of the Anticybersquatting Consumer Protection Act is to
prevent Cyberpiracy and offer remedies to businesses and individuals
who's domain or personal names have been stolen for profit, are
intentionally confusing to consumers, are used to divert business or
could harm the goodwill of a trademark in addition to other
provisions.

We don't believe we committed any crime under the Anticybersquatting
Act because HSLDA.US did not divert consumers from Home School Legal
Defense Association. HSLDA.US had no members and did not sell any
products. In fact HSLDA.US provided both a disclaimer that it was
not Home School Legal Defense Association and a link to HSLDA.org.

Home School Legal Defense Association is responsible for the
goodwill - or lack of it - they have cultivated within the
homeschool community.

But perhaps the most important clause in the Anticybersquatting
Consumer Protection Act is Sec. 3008, the Savings Clause. It
clearly states, "Nothing in this title shall affect...a person's right to
free speech or expression under the first amendment of the United
States Constitution".

So the bottom line is we took the site down out of respect for the
owner of the domain name, not because the information was
inaccurate, not because using the word mark "HSLDA" is prohibited and not
because there was any violation of the Cybersquatting Act. We still believe
we have a 1st Amendment right to speak freely about HSLDA and will
continue to do so. Thanks for all the questions - it was nice to be
missed <G>

oh, and by the way, drop by the new web site:

http://www.homeschoolingislegal.info

For several of the owners,

Mary
--- End forwarded message ---