I got this as registered mail from Richard Trenk, the town attorney, yesterday. I had to retype it, so any errors not noted with [sic] may be mine. The formatting is slightly different. The PDF that they sent me by email is also attached so you can see it for yourself.
I offer it without comment, at least for the moment.
[Update: It occurs to me that this is really a cease-and-desist letter
, not an order
, because it's not from a judge. Some guy wrote me a letter with demands. The guy just happens to be the town attorney. So I've changed the title from "Order" to "Letter".]
[Update: I responded to this letter at the Town Council meeting of June 11. The text can be found here
and the video can be found here
[Update: My attorney finally responded to the letter here
VIA E-MAIL (firstname.lastname@example.org
CERTIFIED MAIL, AND FIRST-CLASS MAIL
Mr. Jeff [sic] Freivald
10 Ridgeview Avenue
West Orange, New Jersey 07052
Re: Demand to Cease and Desist From Use of Westorange.info Domain Name
Dear Mr. Freivald:
I am the Township Attorney for the Township of West Orange ("Township"). It has come to our attention that, on or about May 13, 2013, you registered and began to use the domain name "westorange.info" (the "Info Domain"). The Township interprets this action as an effort by you to confuse and conflate the Township's official domain name and Web site with the Info Domain that you maintain.
The use of the Township's name is unauthorized and is likely to cause confustion [sic], mistake or to deceive the public and may be a violation of the Township's federally protected rights. The Info Domain falsely creates the impression that the Township is associated or affiliated with the Info Domain. At a minimum, this action has been taken with constructive knowledge of the Township's name and Web site, and constitutes bad faith use of the Info Domain.
Accordingly, the Township demands that you cease and desist from use, ownership and maintenance of the Info Domain. The Township further demands that, within ten (10) days, the Info Domain be withdrawn from the current registrar, and that you cease all current and future use of the Info Domain, or anything else confusingly similar thereto.
The Township reserves all rights and remedies.
Please be guided accordingly.
Very truly yours,
Richard D. Trenk, Township Attorney