So, I settled. This is a big problem with our court system in general, says Lohmann. Many of these people might well have a good defense, but the problem is going to court, and raising the defense can cost thousands of dollars. On March 25, 2002, Novak filed a second amended complaint, raising new accusations, including threats of violence and even death threats against Robert Novak and staff. The complaint gives no specifics as to the identity of any individuals making such threats. Novak says that he purposely did not name the threatening individuals in the complaint to avoid further antagonizing them. He cited the death threats as evidence of acts in concert to conspire against the company. Its clear from e-mail quoted in the complaint that some of the supporters of the original aquarists may have gotten more than a little carried away in their rhetoric. In court filings, Novak cites e-mail he says he received from Edward Venn, a member of the APD list from Saitama, Japan: On March 5, 2002 another threat by Edward Venn stated: Its amazing what some Filipino hackers can do while your (sic) on the web havoc with your credit by now. Both of these threats were reported to the FBI and sent to forums to expose the threats. While the aquarists do not excuse the behavior of some of their more outspoken supporters, some say they see (check this out) Novaks continued litigiousness as an attempt to silence criticism through legal intimidation. It looks to me like theyre doing whatever they can to stop people from talking about the company on the Internet, said Rosenstein, the lists technical host, one of the original defendants who chose not to settle. While none of the defendants named in the case compete with Pets Warehouse for customers, casting some doubt on the trademark infringement argument, Novak maintains that the existence of the defense fund itself amounts to an infringement. Because the money was raised on the back of my trademark, I want to disgorge the fund of the monies, he said. Beyond the lawsuit itself, other supporters of the case say they have received cease-and-desist letters for using the words Pets Warehouse on their sites. Olson, president of the Aquatic Gardeners Association, who is also the webmaster of TheKrib.com, an aquarium site, says he received a cease-and-desist letter from Novak in March 2002, accusing him of illegally using the Pets Warehouse trademark.
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