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Wynncore : Our Response To Wynn's Nastygram

By Chuckmonster on Thursday, 5th November 2009 1:21am
  » filed under Las Vegas  comments: 26

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First off, I would like to thank all of our loyal readers and friends for the massive amount of emails, comments, tweets, blog posts, forum threads and direct messages of support in response to the Wynncore flap. Thank you!

Secondly, I'd like to thank the Electronic Frontier Foundation (Eff.org) for providing information and contacts which helped us craft the response below.

Below you will find our response to their C&D nastygram:

Update: I'm told that I misspelled Mr. Wynn's first name, should be Stephen and not Steven. Our apologizes.

Second Update: I'm told that I mistyped in the year which I was married, should be 2006 and not 2007. I'm really in the shithouse now... sorry Sweet Cheeks.

Battle of Wynncore



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Comments & Discussion:

A very well written response to their letter. The ball is now in their court, and hopefully they'll accept your offer. The request for the check to be hand signed by Steve Wynn is a stroke of genius.

That response is brilliant in so many ways. I only wish you had referred to VegasTripping, MacauTripping, The Trippies, etc. as "famous."

Wow. I'm speechless.

You should have said that your term "Wynncore" is among your company's most valuable intellectual property assets. This joins dozen of terms including, but not limited to, "Tripping", "Trippies", and "Pornslapper."

IF you actually receive the check from Steve, you're crazy if you cash it. That needs to be framed and on the living room wall. (after scanning it and posting it here, of course).

You're the man, Chuck.

Also: Fuck you, Steve!

Well Done!!

Well played sir, well played

I agree with Michstatemark...that check handsigned by Steve Wynn (if they chose to do that)...will be worth MUCH MORE than $23! DO NOT cash it!! =)

If you were going to go that far, you might as well get a copyright on the term "Wynncore" from the Library of Congress, using the EncoreOpening.com usage as precedent. It would certainly put them in a bind, as such would give you stronger non-commercial use over the name and put you in a better bargaining position.

Chuck:

One suggestion if you haven't already done so, also send a hardcopy of the response via Certified Mail, so you have proof for court if needed that you responded in a timely manner. As much as we like to think that sending an email would be enough, the court system is far behind the times and only accepts certified mail return receipts as proof, not email return receipts since they can be easily forged.

I agree you need to copyright or even trademark your "Wynncore" term.

Keep us informed on the progress. In the meantime, I will still boycott the Wynn Resorts next week while I am in Vegas. It might not mean much to them but it is at least something I can do to keep any of my money out of the hands of that bunch of bullies.

Well done, Chuck. I agree with the others --- frame that check, but put a nice picture of yourself with a shit-eating grin next to it. You know, something that says, "I made Steve Wynn sell his nutsack to me for $23."

Atltrainman> I am not sure he could get a "Wynncore" trademark with the USPTO given the fame of "Wynn". However if he did register it in different classes than hotels, t-shirts, convention services, etc. there may be a chance. However at about $500 for the trademark app, it would be something to ponder. That's why I suggested the copyright route via LOC, cheaper and better if the use is non-commercial (given the nature of Vegastripping that question is a toss up if such qualifies as a bona fide offer of goods or services).

Love it, very well put together response. I'm with fivehundy as well, great in between the lines stuff in the response, I was hoping for 'famous' too when referring to Macautripping, but your description worked just fine.

Wow. Super impressed by this letter. Well done, Chuck!

With my limited vocab and intelligence, my response would probably have been: "Take your stupid notice and cram it". Written on a cocktail napkin. In crayon.

I practiced law for more than 10 years before leaving the profession, largely because I was tired of dealing with narcissistic tyrants like the one you seem to have encountered here.

Your proposed resolution is more than reasonable. Having said that, let me make a few predicitons:

1. This guy's ego will never let him accept the fact that a layman cited law to him, particularly the First Amendment. He, or someone on his staff, is currently preparing an exhaustive brief on fair use and the inapplicability of the First Amendment in this circumstance. Expect a tersely worded, multiple paragraph response that will no doubt cite his many years of experience in these matters, and he will admonish you never to cite law to him again.

2. You giving him a deadline has sent him through the roof. Expect 100 words or more on how your deadline is artificial and unenforceable, along with a re-recitation of his party's rights, coupled with a number of not-so-thinly veiled threats as to the multiple count lawsuit he may still file.

Don't misunderstand me - I'm on your side, Chuck - but I know how these guys operate. They can't help themselves. PLEASE make sure to post his reply! I can't wait to see if I'm close...

Misnomer> 12(b)(6) is your friend.


Dramman, I've offered no opinion of the merits of any claim Wynn might file in this instance. I'm merely commenting on how attorneys can be, and often are, insolent pricks. Present company excepted, of course.

Wynncore.com was probably found during a routine (monthly?) search by Wynn's in-house counsel on uses of the term Wynn. They probably just glanced at your site and sent out a standard form cease and desist letter. Such letters are pretty routine and I think perhaps you have read too much into it. I wouldn't be suprised if they send out a hundred of these each year.

Your response is very creative and I truly hope Wynn sees the humor in it and plays along. I would guess their attorney is sweating bullets about now wondering how he is going to bring this to Steve's attention and what his reaction is going to be. It is just as likely you will be in for a fight. In which case, you may garner some publicity for VT, but in the long run it can't be good to have Steve as an enemy.

You oughta just run the same gag, with the same cursive font, but change it to "Eyesore".

Voiceover: "Three months ago I was forced to hand over the name Wynncore to Steve Wynn. Now, I'm following it up the best way I know how. This...is Eyesore!"

^^ brilliant.

This is not to be construed as legal advice (far from it; I'm just a law student), but wouldn't rule 12(b)(2) be more appropriate in this circumstance? It's quite possible Wynn Resorts would have no jurisdiction over a defendant with a passive website in California. As stated by the Ninth Circuit in _Cybersell v. Cybersell_, 130 F.3d 414 (1997), "when a website advertiser does nothing other than register a domain name and post an essentially passive website and nothing else is done to encourage residents of the forum state, there is no personal jurisdiction." (see also _Pebble Beach Co. v. Caddy_, 453 F.3d 1151 (9th Cir. 2006).) Generally, federal courts require "something more" than a "foreign act with forseeable consequences in the forum state." _Id_ at 1157.

It's an interesting jurisdictional question, and I'm not sure whether respondents' physical contacts with Wynn Resorts (invitation to the hotel, opening party, etc.) would factor into a court's determination.

Did Wynncore - Gate miss the deadline for nominations for News of the Year?


News Of The Year:
The Miracle of City Center
Danny Gans Dies
Echelon and Fontainebleau Postponed
Garth Brooks comes out of retirement at Encore
The Bottom Falls Out Of The Economy
Wayne Newton Return

It is this sort of ridiculousness that makes me love Vegas. I'll be there in January, if you want me to picket the Wynn, I will. Power to the People!!!

Wynncore.com is back up. Cant stop laughing! The "loading" crack me up!

Guess you didn't invent the term Wynncore...

http://www.vegasrex.com/2008/04/06/some-random-encore-photos/

(although this post will be deleted like every other about VR)

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