AAFM Complains to Yahoo -- Chilling Effects Clearinghouse

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AAFM Complains to Yahoo

November 5, 2009

Sender Information:
AAFM American Academy of Financial Management, LLC and The AAPM American Academy of P
Sent by:

Recipient Information:

Yahoo! Inc.

Sunnyvale, CA, USA

Sent via:
Re: Letter of Copyright, Trademark, DMCA Complaints, and Stolen Websites

From; USA Founding Offices of The: AAFM American Academy of Financial Management, LLC and
The AAPM American Academy of Project Management/IBS, LLC

Dear Yahoo Legal offices,

I am the legal representative for AAFMTM and AAPMTM:

The AAFM American Academy of Financial Management TM is a long-standing and well recognized US based company which also has legally established rights I also legally represent the AAPM TM American Academy of Project Management Marks and Brands.

Our complaint is that the former Australian webmaster ([redacted]) who is offshore, has stolen/hijacked a few of our websites offshore, converted the names of the websites to a confusingly similar name, and is fraudulently using our assets offshore such as:

1.BRAND/Domains
2.Copyrights/CONTENT
3.Trademarks and Certifications
4.Code, Meta Data, Terms, Policies, Articles etc.

Please remove the following domains from the Yahoo web directory and directory.
1.www.aafm.orq
2.www.aafm.com.hk
3.www.aapmglobal.com
4.www.aapmapac.com
5.www.aafm.asia
These 5 stolen or bad faith squatter domains along with the AAFM and AAPM web content/copyrights and trademarks are being used , by former individual & webmaster group, with "intentional bad faith" to fraudulently solicit and Phish for money from our members and from innocent consumers/victims online. It is very easy to see the illegal conversion and phony re-branding of the above 5 AAFM and AAPM domains using the Archive.org This fraudulent group actually claims on the websites to be known as the Academy in USA but is now hosted or based in Asia or Dubai?

The offenders already have reloaded their phishing websites on several other domains such as: www.theiafm.orq or www.theiapm.org Thus, there is no ethical, fairness, or legal need for our stolen websites to be listed in Yahoo Search Results or Ranking.

RE AAFM/AAPM © USA Copyrights, Trademarks, Trade Secrets from [redacted]
We have repeatedly requested that this offshore webmaster (King) return the stolen domains and take down the phishing websites. Here are specific areas of violations for AAFM and AApM websites. The stolen and offending websites contain our company web content regarding;
Company History/Content Original: http://www.financialcertified.com/about.html FAKE/STOLEN=: http://aafm.org/about-iafm.php or http://aafm.asia/about-iafm.php
OriginalTrademarks http://www.aafm.us/certification.html Fake/Stolen Phishing = http://aafm.org/iafm-courses-certifications.php or http://aafm.asia/iafm-courses-certifications.php
Copyrights — original: http://www.financialcertified.com/mission.html - and FAKE/Stolen= .http://aafm.asia/iafm-mission-statement.php
Articles- Original http://aafm.us/articles.html Stolen: http://aafm.org/iafm-articles.php and http://aafm.asia/iafm-publications-articles.php
Original AAFM Writings, AAFM HTML, Meta Tags, Logos etc. www.financialanalyst.org and FAKE/Stolen www.aafm.org and www.theiafm.org
Training Providers-TJSL, BILB, AAFMLA, AAFM, RSOF, LLMprogrm, Pervasive, BSIl and many of the AAFM partners are presented fraudulently on this websites.
Original Content is here www.certifiedprojectmanager.org The stolen content is seen on the offshore stolen websites: www.aapmapac.com and www.aapmglobal.com
AAPM has been in existence for over 5 years. Original
www.projectmanagementcertification.org
http://web.archive.org/web/*/http://www.projectmanagementcertification.org
http://aapm.info/
Stolen and converted from AAFM to the imposter name: IAFM:/IAPM www.aapmapac.com www aapmqlobal.com
http://aapmglobal.com/iapm-publications-articles.php http://web.archive.org/web/*/http://www.aapmapac.com http://web.archive.org/web/*/http://www.aapmglobal.com
References and Facts about the USA AAFM American Academy of Financial Management and its CWM Chartered Wealth Manager and Professional Designation Programs.:
1. The AAFM American Academy of Financial Management, LLC USA/LA has been a registered US chartered Limited Liability Company Since 2002. Louisiana Charter/Organization Registration Number ID: 35282697K. File Approved Date: 06/07/2002 [in good standing to date] http://www400.sos.louisiana.gov/cgibin?rgstyp=crpdtlC&rqsdta=35282697K
2. The AAFM American Academy of Financial Management has been a registered service mark "Reg Number 57-3557" in the State of Louisiana USA for over 7+ years. Reg. Date: 04/02/2002, Class 41. First Used: 01/01/1996 Reg, Date: 04/02/2002 Exp. Date: 04/02/2012 http://www400.sos.louisiana.gov/cgibin?rgstyp=crpdtlC&rqsdta=573557
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RE AAFM/AAPM © USA Copyrights, Trademarks, Trade Secrets from [redacted]
Copyrights: Registration Number; TXu 1-602-366 - The American Academy of Financial Management AAFM Handbook and Web Content © are Federally Copyrighted Materials with the US Library of Congress. Registration Number: TXu 1-602-366 This copyright of original writings also contains the CWM Certification program and approved course syllabus/curriculum along with other AAFM Professional Designation Programs used worldwide. This copyright also contains the AAPM American Academy of Project Management and MPM Master Project Manager and CIPM Certified International Project Manager Brands. Our copyright also contains the first use and registration of the terms IAFM International Academy of Financial Management.
The AAFM American Academy of Financial Management [which is the owner and certifying body and board of standards] and the MARK AAFM and "CWM Chartered Wealth Manager"
has been listed and disclosed on various governmental websites in the USA for over 5 years as a US trademark, copyright and company. See US NASD Agency Archive: http://web.archive.org/*/http://aps.nasd.com/investor_information/resources/designations/AllDesigByOrg.asp
See Screen Capture Snapshot:
[redacted]
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RE AAFM/AAPM © USA Copyrights, Trademarks, Trade Secrets from [redacted]
5, See. US Department of Labor BLS Archive: http://web.archive.org/web/*/http://www.bls.gov/oco/ocos259.htm See Screen Capture Snapshot:

[redacted]
OOH ONET CODES [about this section]
13-2051.00. 13-2052.0O
6.The AAFM American Academy of Financial Management USA is registered/listed as the owner in California and has registered the CWM Chartered Wealth Manager Service Mark in the State of California USA: Serial Number: S-19790. Class 41, Registered 6-1-04, expires: 6-1-14. First Used 1/1/96
7.The AAFM American Academy of Financial Management, LLC is registered/listed as the owner in New York and has registered and owns the CWM Chartered Wealth Manager Service Mark in the State of New York. Service Mark Reg. No: 059129
8. The AAFM USA has been a professional member of the 2 largest government recognized
accreditation agencies for business schools in the USA, AACSB and ACBSP. for over 5 years. http://www.aacsb.edu/members/corporate3.asp * vww.acbsp.org/download.php?sid=512 See Arhive.org
9.The AAFM American Academy of Financial Management USA and CWM Certified Chartered Wealth Manager Program has been ONLINE and PUBLIC on the Internet for over 9 years respectively using the AAFM and CWM logos on materials and certifications documents & materials worldwide... http://web.archive.org/web/*/http://financialcertified.com and http://web.archive.org/web/*/http://aafma.8m.com
10.To show the famous and distinctive nature of the AAFM and CWM brand marks. In October 2004, the AAFM American Academy of Financial Management USA was featured in the Wall Street Journal as being on the forefront of Wealth Management Education regarding our CWM Chartered Wealth Manager Certification Program.
http://online.wsj.com/article/SB109883075169856486.html?mod-qooqlewsj The AAFM American Academy of Financial Management USA and it's CWM Charter Certification have been featured in other global and diverse geographical publications such as: The El Norte Mexico, The China Daily, The Arab Times, The Hindu National, Black Enterprise, Associated Press, & The Economic Times.
11. References to the "Founding" USA Company: American Academy of Financial Management are listed in various reference books online over the last 10 years including US Dept of Labor
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RE AAFM/AAPM © USA Copyrights, Trademarks, Trade Secrets from [redacted]
Publications :.
http://books.qooqle.com/books?q=%22american+Academy+of+Financial-Management%22&hl=En Members of the AAFM have testified before Congress and put the AAFM USA name in the congressional record.
http://books.goole.com/books?od=C0rTc50hhEEC&pg=PA4&dg=%22american+Academy+of+Financial+Management%22&lr=&hl=En
12.I also legally represent the AAPM American Academy of Project Management which is a US based Project Management Standards Organization. The AAPM is also founded and created in the USA and has been listed and disclosed in the About.com New York Times directory.
13.The MPM and CIPM trademarks are filed also with the USPTO.
14.Even the logos and favicons are imposter or knock off logos.
15.Because of the theft and bad faith imposter websites the offending party websites still show up for AAFM searches on Yahoo sites around the world.
16.To contact the offenders, simply use the contact forms on the stolen websites which are: www.aafm.org - www.aafm.com.hk - www.aapmapac.com and www.aapmglobal.com
17.Additionally. The AAPM American Academy of Project Management has been featured and listed on the About.com /NYT websites for over 5 years..
18.Furthermore, the AAFM and AAPM Founding USA websites have been listed in your directory for several years before the other offshore domains were launched.
"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
"I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Copyrights: Registration Number: TXu 1-602-366 - The American Academy of Financial Management AAFM Handbook and Web Content © are Federally Copyrighted Materials with the US Library of Congress. Registration Number: TXu 1-602-366 In closing, we hope that the above information is clear and specific to the facts. If you need further information, feel free to email or call me anytime. As you can see, these newer domains are acting in Bad Faith and do not even have the AAFM or AAPM name on them anymore. Therefore, we request that these stolen domains be removed from your search and ranking.
Sincerely and Kindest Regards, [redacted]
[redacted]
American Academy of Financial Management, LLC & AAPM American Academy of Project Management — IBS, LLC
[redacted]
[redacted]
Ph. [redacted] US Toll Free [redacted] Fax [redacted]
eMail. [redacted]
[redacted] – [redacted]
AAFM www.financialcertified.com AAPM www.projectmanagementcertification.org
*[redacted]
[redacted]
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FAQ: Questions and Answers

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Question: Why does a search engine get DMCA takedown notices for materials in its search listings?
Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.
Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].

Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?
Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.
Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

Question: Does a service provider have to follow the safe harbor procedures?
Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

Question: How do I file a DMCA counter-notice?
Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.

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Question: What exactly are the rights a trademark owner has?
Answer: In the US, trademark rights come from actual use of the mark to label one's services or products or they come from filing an application with the Patent and Trademark Office (PTO) that states an intention to use the mark in future commerce. In most foreign countries, trademarks are valid only upon registration.
There are two trademark rights: the right to use (or authorize use) and the right to register.
The person who establishes priority rights in a mark gains the exclusive right to use it to label or identify their goods or services, and to authorize others to do so. According to the Lanham Act, determining who has priority rights in a mark involves establishing who was the first to use it to identify his/her goods.
The PTO determines who has the right to register the mark. Someone who registers a trademark with the intent to use it gains "constructive use" when he/she begins using it, which entitles him/her to nationwide priority in the mark. However, if two users claim ownership of the same mark (or similar marks) at the same time, and neither has registered it, a court must decide who has the right to the mark. The court can issue an injunction (a ruling that requires other people to stop using the mark) or award damages if people other than the owner use the trademark (infringement).
Trademark owners do not acquire the exclusive ownership of words. They only obtain the right to use the mark in commerce and to prevent competitors in the same line of goods or services from using a confusingly similar mark. The same word can therefore be trademarked by different producers to label different kinds of goods. Examples are Delta Airlines and Delta Faucets.
Owners of famous marks have broader rights to use their marks than do owners of less-well-known marks. They can prevent uses of their marks by others on goods that do not even compete with the famous product.

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