:: dan morikawa

and his allegations of 'copyright infringement'

On 8th January 07, we started receiving multiple unsolicited emails purporting to be from Mr Dan Morikawa, alleging 'copyright infringement' against his newly acquired US trademark for the phrase 'Why Markets Turn'.

While we feel his allegations are unsubstantiated, we also feel that readers may be interested to see Mr Morikawa's emails for themselves, in order to help them judge for themselves. Full email headers available on request. What we find particularly interesting is that Mr Morikawa does not appear to understand the difference between 'copyright infringement' and 'trademark infringement', as our own lawyers can find no trace of the first, and the second is dealt with by the following notice:-

While the phrase 'Why Markets Turn' may be trademarked as of November last year, there is nothing to stop anyone using it in any sense they like, as long as the trademark is acknowledged, and the intent is not to commit 'passing off'. And this is what we now do. Why Markets Turn is a trademark of Dan Morikawa, 1415 Voss Road, Suite 110-320
Houston, TX 77057 ( 281-685-4932) and NOTHING on this website is connected in any way, shape or form whatsoever with either Mr Morikawa, his website 'whymarketsturn.com', his system of attempting to predict stock movements via the movements of planets, or his trademark for the phrase 'why markets turn'.

From: admin@whymarketsturn.com
Subject: Help me traders101! - admin@whymarketsturn.com
Date: 8 January 2007 10:06:28 GMT+01:00
To: traders101.com

Demand is made that you cease and desist from the use of our trademark "Why Markets Turn" (#77042344)

From: admin@whymarketsturn.com
Subject: DMCA TAKE DOWN NOTICE
Date: 8 January 2007 11:15:33 GMT+01:00
To: traders101.com
Reply-To: admin@whymarketsturn.com

Date: Jan 8, 2007

Sender Information:
Dan Morikawa
WhyMarketsTurn.com
1415 Voss Road, Suite 110-320
Houston, TX 77057
281-685-4932

Recipient Information:
Traders101.com

Sent via: Email

Re: Notice of Copyright Infringement/DMCA Take Down
Demand per 17 USC §512(c)(3)

Dear Sir or Madam:

This letter serves as my notification to you under the
Digital Millenium Copyright Act that your site is
infringing our copyrights as described below.

1. Identity of the copyrighted work that I believe has
been infringed upon.

I am the owner of WhyMarketsTurn.com which publishes a
software "Why Markets Turn", the website and the
trademark "Why Markets Turn" #77042344

2. Identity of the material that I claim is infringing
upon the copyrighted work listed in item #1 above.

http://www.traders101.com/article-why-markets-turn-1.asp
http://www.traders101.com/ "Most popular article:-
'Find Out Why Markets Turn'"

3. Information to contact me.
Dan Morikawa
http://wwww.whymarketsturn.com
admin@whymarketsturn.com

4. 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.

5. I swear, under penalty of perjury consistent with
United States Code Title 17, Section 512, 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.

On behalf of WhyMarketsTurn.com, I hereby request that
you immediately disable and take down the infringing
materials. THIS IS A DMCA TAKE DOWN NOTICE.

Thank you in advance for your attention to this
matter. Please advise us regarding what actions you
take.

Sincerely,

/s/
(Electronically signed)
Dan Morikawa
http://wwww.whymarketsturn.com
admin@whymarketsturn.com

From: admin@whymarketsturn.com
Subject: Copyright infringement
Date: 8 January 2007 11:50:48 GMT+01:00
To: traders101.com
Reply-To: admin@whymarketsturn.com

And I would like to know why you believe it is about
"astrological software prediction method"
Reference:
http://www.traders101.com/article-why-markets-turn-1.asp

Where did you get this information?
Did you steal a book?
Are you in receipt of a stolen book?

Who did you get a book from?

From: admin@whymarketsturn.com
Subject: Copyright infringement
Date: 8 January 2007 13:22:36 GMT+01:00
To: traders101.com
Reply-To: admin@whymarketsturn.com

I STRONGLY suggest you read this

http://www.cybertriallawyer.com/copyright-infringement-warning

Your site can be taken down without notice. This is a
new tool passed by Congress as part of the Digital
Millenium Copyright Act (DMCA). One day your business
is going along great, and the next day your business
is gone, off the web in its entirety.

Your artilces like this will find you in court or jail
or your entire site taken down.
http://press.arrivenet.com/business/article.php/429075.html