Note: The following is the text of a letter from Dave Reynolds, Brian Sobel's attorney, dated September 30, 2002. See also this scanned image.
PROVENCHER & FLATT LLP
ATTORNEYS AT LAW
823 Sonoma Avenue
Santa Rosa, California 95404
Telephone: (707) 254-2380
Facsimile: (707) 284-2387
OF COUNSEL
JAMES HARWOOD GRATTAN
JENNIFER HAINSTOCK
TADD C. AIONA
DAIVD M. REYNOLDS
DOUGLAS PROVENCHER
GAIL F. FLATT
30 September 2002
Petaluma Tomorrow
Attention: Scott Vouri
1533 Rainier
Petaluma, CA 94594
Telephone: 707-782-1038
Facsimile: 707-658-1882
Dear Mr. Vouri,
I have been asked by Mr. Sobel to respond to your letter dated 16 September 2002.
While your letter claims a trademark in the phrase Petaluma Tomorrow, I have determined there are substantive questions that arise with the assertion that Petaluma Tomorrow may be a valid mark. The phrase, in our view, may well be interpreted by the courts as too generic or merely descriptive. Also, in your research, I am sure you noticed the paucity of federally regestered marks that use the word "Petaluma" in them, the mark may be considered merely geographically descriptive.
While the various legal issues may need to be adjudicated at some future date, Sobel Communications and Petaluma Tomorrow are faced with the option of entering into a lawsuit to settle this point, the resolution of which could take a long period of time to complete and would be very expensive for all parties.
I have advised my client that I believe that it would be too much litigation to justify the expense of determining whether or not your political organization is able to claim Petaluma Tomorrow as a viable trademark.
Owing to his belief that litigation is far too prevalent in the political arena, particularly in Petaluma, and because he is concerned that every avenue of political expression and persuasion be provided a forum and full exchange of ideas, Mr. Sobel has agreed to sell Petaluma Tomorrow domain names with the expectation that they will be used in the pursuit of well-mannered political discourse.
Therefore, upon the payment of $35 per domain name, for a total of $105 total, Mr. Sobel will allow you to take over the domain names as follows:
www.petalumatomorrow.com
www.petalumatomorrow.org
www.petalumatomorrow.net
Please provide your payment to my office at your earliest convenience and my client will execute the transfer promptly.
If I can provide any assistance, please contact me at (707) 284-2380. Thank you.
Very Truly Yours,
Dave Reynolds
Dave Reynolds