IP: Pokey.org - IT'S OVER! :-) (fwd)

[Dave Farber <farber () cis upenn edu>]

Date: Tue, 21 Apr 1998 17:35:31 -0400
From: Dave Van Allen <dave () FAST NET>




First, I just want to say thank you to the Internet community as whole, for
all of the support during the last few months.  Christopher "Pokey" Van
Allen is, as one would expect a 12 year old to be, extremely excited and
very happy that this is over.


There will be a lot of specific info coming out in the days to come, but
here is general recap of the issues and the way the resolution was effected.


You all will never know how helpful you were, and how much we thank you.


Pokey's Web site is currently being updated, but since I'm no good at HTML,
I had to wait for him to get home from school.  He's busy at work now, so if
you see old info, please click back shortly.  He's scanning and hacking as I
type.




Best regards,


David Van Allen - FASTNET(tm) / You Tools Corporation
dave () fast net (888)321-FAST(3278) http://www.fast.net
FASTNET - Business and Personal Internet Solutions




Pokey the Boy and Pokey=AE the Horse coexist in harmony.


FOR IMMEDIATE RELEASE


MACUNGIE PA. April 21, 1998 -- Twelve year old Christopher "Pokey" Van
Allen, the owner of the Internet domain name Pokey.org and the proprietor of
that web site, is breathing a sigh of relief because he can keep his
Internet domain name. Through the efforts of his attorneys John Caldwell and
Scott B. Schwartz of Woodcock Washburn Kurtz Mackiewicz & Norris LLP in
Philadelphia, PA, and with the virtual support of the world wide Internet
community, the claims by counsel for Prema Toy Company, the owner of the
GUMBY=AE and POKEY=AE trademarks, have been withdrawn.


Late last year, Christopher received a certified letter from counsel for
Prema Toy Company demanding that Christopher relinquishes ownership of the
Pokey.org domain name. The Pokey.org domain name had been a birthday gift to
Christopher, who has been called Pokey for all of his life.


Christopher's attorneys responded to the demand letter and advised Prema's
counsel that Christopher's use of the domain name was solely non-commercial
and that Christopher's use of Pokey.org did not in any manner impinge on
Prema's trademark rights. After a second letter claiming "trademark
dilution" arrived from Prema's lawyers, Caldwell and Schwartz explained that
a non-commercial use, like Pokey.org, could not be dilution of a trademark.


Despite this, Prema's counsel filed a letter with Network Solutions
requesting that Christopher's domain name be suspended. Network Solutions is
the registrar for Internet domain names in the United States and registers
all .com, .org, .net, and .edu Internet domain names. Due to the multitude
of domain name disputes that have arisen over the last several years,
Network Solutions has adopted a domain name dispute policy which allows


Network Solutions to suspend, or even transfer ownership of, Internet domain
names. Once suspended by Network Solutions, the Internet domain name is
rendered inaccessible.


The ensuing "hue and cry" echoed across modems around the world. Netziens
from across the globe registered their support for Christopher by visiting
the pokey.org web site and leaving messages of encouragement. Support was
international in scope.  Hundreds of Internet service providers throughout
the United States came to Christopher's aid by volunteering to direct web
surfers to Pokey.org in the event that his domain name was suspended by
Network Solutions.


Further, supporters of Christopher's plight to keep his domain offered the
boy emotional encouragement through private email, something that David and
Kathy Van Allen, Pokey's parents say "was critically important to Pokey's
attitude throughout this event". "Pokey has made dozens of new friends and
through the thousands of comments saying 'keep your chin up' he now knows
that you can stand up for what you believe in.", says Pokey's father David
Van Allen.


This matter came to a close when Art Clokey himself, the creator of the
GUMBY=AE and POKEY=AE characters, wrote to John Caldwell at Woodcock=
 Washburn
advising that he was instructing his attorneys to withdraw their letter to
Network Solutions and that Christopher could keep the domain name Pokey.org.


In his clearly heartfelt letter, Art Clokey invoked the "Spirit Of Gumby"
and swiftly resolved this matter. Art Clokey has promised to notify Network
Solutions that he and his company, Prema Toy, withdraw their complaint so
that a great kid can enjoy his birthday present.


Sean Griffin, 31, Founder and CEO of StudioFX, who represents Prema Toy,
Gumby, Pokey, and a host of Premavision characters on the Internet said "The
entire situation was handled incorrectly". He continues, " Art Clokey is one
of the most caring and nurturing people in our world today. And at this time
in his life, when he is so focused on his message of understanding, it gave
him great joy to contact Christopher and reassure him that Pokey.org was his
for good."


Christopher Pokey and Art Clokey spent well over a hour on the phone
together yesterday discussing the ordeal. "I'm so happy, I have said thank
you a billion times in the last couple of days", says Christopher "Pokey"
Van Allen. "Mr. Clokey is real nice person and he never wanted this to
happen. He told me he was very sorry for the whole mess, he said I did what
Gumby would have done about a problem like this".


With the dispute finally over Pokey feels relived. "I can go back to doing
my web site and I hope this helped other people on the Internet too. I can't
thank all my supporters enough - they have been great!" Citing certain other
domain disputes David Van Allen adds "the pokey.org case should illustrate
that we can coexist in many situations. Pokey's attorney John Caldwell
impressed on us that it is easy to litigate but it is far better to work
outside of the courts to come to closure on matters; others should take that
advise."




"We are delighted that a solution to this dispute has been found" said John
W. Caldwell of Woodcock Washburn. "We always hoped that the trademark owner,
Mr. Clokey, would do what is right without the need for litigation."


There are no restrictions on the release of the domain pokey.org back to
Christopher. "It is how it was before the first letter from Prema's counsel
on December 5, 1998. There were no payments, we bore the cost of the legal
fees alone and we are very satisfied to end this right here and now." Says
Van Allen, who amusingly adds, "Pokey's allowance is used up until the year
2050".


Pokey's web site is located at http://www.pokey.org


Contact:


David Van Allen
610-704-2666
<dave () fast net>


Sean Griffin
StudioFX, Inc.
408-557-6750
<griffin () studiofx com>


John Caldwell
Woodcock Washburn
215-568-3100
<caldwell () woodcock com>








Best regards,


David Van Allen - FASTNET(tm) / You Tools Corporation
dave () fast net (888)321-FAST(3278) http://www.fast.net
FASTNET - Business and Personal Internet Solutions





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