- Report: #629787
Complaint Review: Mike Klein and Associates Tim Gould Fake Magazine - Internet
-
Author Not Confirmed
Why?
Mike Klein and Associates Tim Gould Fake Magazine
90069 Internet, United States of America
Phone:
3107397408
Web:
fakethemag.com
Categories:
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Mike Klein and Associates, Tim Gould Fake Magazine Fake Magazine LLC Cease and Desist Con Artist, Fraud, Fake, Liar, Wanted Internet
Report Attachments
Our TM# is 85092261
July 28, 2010
VIA FAX (323) 798-1734
AND U.S. MAIL
Michael Klein
Sharon Esther
Timothy Gould
8581 Santa Monica Blvd., Suite 304
West Hollywood, CA 90069
Re: James Buccelli v. Michael Klein, et al.
Dear Sirs/Madam:
We are writing you on behalf of our client James Buccelli owner of the proprietary trademark rights to Runway Magazine, Fake Magazine, and certain other proprietary content associated therewith. Please be advised that Mr. Buccelli takes his intellectual property rights seriously and aggressively enforces his rights.
We have recently become aware that you have formed a California Limited Liability Company using the trade name Fake Magazine, LLC, which incorporates our clients proprietary trademark Fake Magazine. Furthermore, in so doing, you have also misappropriated and published via the Internet, certain confidential materials in violation of trade secret laws as well as in breach of the Non-Circumvention/Non-Disclosure Agreements (NDA) you each executed with Mr. Buccelli.
Even more importantly, you have egregiously taken his proprietary and copyrighted content and converted it to your own use in violation of civil and criminal laws, including but not limited to violation of the Computer Fraud and Abuse Act 18 U.S.C. 1030 and Cal. Penal Code 502, which prohibit knowingly obtaining information from a protected computer, or intentionally accessing anothers computer in order to devise and/or execute a scheme to defraud and deceive. We are further informed that you have forwarded Mr. Buccellis personal and business mail to your own addresses for unlawful gain which is also an offense under United States federal law pursuant to 18 U.S.C. 63.
In addition, you have also wrongfully published copyrighted materials, photographs and content which are owned by my client in violation of 17 U.S.C. 501, including the copyright and trademark rights in the name Fake Magazine, for which our client owns a U.S. Trademark Application. Please be advised that these actions are a clear infringement of the trademarks and copyrights in our clients proprietary content. This is obviously not acceptable to our client. Your conduct has caused irreparable harm and incalculable harm and injuries to my client (including but not limited to his reputation and goodwill). As a result our client is entitled to injunctive relief, compensatory damages, punitive and exemplary damages, attorneys fees, costs and other appropriate relief.
Accordingly, in order to protect Mr. Buccellis rights, we must insist that you: 1) cease and desist from any and all further use of Mr. Buccellis proprietary and copyright protected materials, photographs and content; cease and desist from any use of the trademark Fake Magazine or any mark similar thereto; cease and desist from any use of materials you have obtained either illegally from Mr. Buccellis computers, mail or other personal belongings; cease and desist from any use of materials you have obtained lawfully from Mr. Buccelli pursuant to your NDA with him; expressly dissolve your unlawfully formed California Limited Liability Company using Mr. Buccellis Fake Magazine trademark or in the alternative, change the name to one which does not incorporate Mr. Buccellis proprietary mark forthwith; and immediately return all materials, photographs and other content improperly or unlawfully obtained as set forth herein.
We request your prompt written reply to this demand along with an accounting of all revenue generated using our clients proprietary trademarks designs, content or materials. If you are not willing to do so, we will have to assume that your selection and continued use of the infringing material is an intentional attempt to infringe upon Mr. Buccellis copyrights and trademark rights, and we will have no choice but to initiate appropriate legal proceedings to protect our clients rights.
We trust that you understand the seriousness of this matter. We request your written response within five business days of receipt of this letter. Nothing contained in or omitted from this letter will be deemed to be an admission of any fact or a waiver of any rights or remedies with respect to the subject of this letter, all of which rights and remedies are expressly reserved.
Very truly yours,
Michael P. Martin for
FISCHBACH, PERLSTEIN, LIEBERMAN
310.556.1956
July 28, 2010
VIA FAX (323) 798-1734
AND U.S. MAIL
Michael Klein
Sharon Esther
Timothy Gould
8581 Santa Monica Blvd., Suite 304
West Hollywood, CA 90069
Re: James Buccelli v. Michael Klein, et al.
Dear Sirs/Madam:
We are writing you on behalf of our client James Buccelli owner of the proprietary trademark rights to Runway Magazine, Fake Magazine, and certain other proprietary content associated therewith. Please be advised that Mr. Buccelli takes his intellectual property rights seriously and aggressively enforces his rights.
We have recently become aware that you have formed a California Limited Liability Company using the trade name Fake Magazine, LLC, which incorporates our clients proprietary trademark Fake Magazine. Furthermore, in so doing, you have also misappropriated and published via the Internet, certain confidential materials in violation of trade secret laws as well as in breach of the Non-Circumvention/Non-Disclosure Agreements (NDA) you each executed with Mr. Buccelli.
Even more importantly, you have egregiously taken his proprietary and copyrighted content and converted it to your own use in violation of civil and criminal laws, including but not limited to violation of the Computer Fraud and Abuse Act 18 U.S.C. 1030 and Cal. Penal Code 502, which prohibit knowingly obtaining information from a protected computer, or intentionally accessing anothers computer in order to devise and/or execute a scheme to defraud and deceive. We are further informed that you have forwarded Mr. Buccellis personal and business mail to your own addresses for unlawful gain which is also an offense under United States federal law pursuant to 18 U.S.C. 63.
In addition, you have also wrongfully published copyrighted materials, photographs and content which are owned by my client in violation of 17 U.S.C. 501, including the copyright and trademark rights in the name Fake Magazine, for which our client owns a U.S. Trademark Application. Please be advised that these actions are a clear infringement of the trademarks and copyrights in our clients proprietary content. This is obviously not acceptable to our client. Your conduct has caused irreparable harm and incalculable harm and injuries to my client (including but not limited to his reputation and goodwill). As a result our client is entitled to injunctive relief, compensatory damages, punitive and exemplary damages, attorneys fees, costs and other appropriate relief.
Accordingly, in order to protect Mr. Buccellis rights, we must insist that you: 1) cease and desist from any and all further use of Mr. Buccellis proprietary and copyright protected materials, photographs and content; cease and desist from any use of the trademark Fake Magazine or any mark similar thereto; cease and desist from any use of materials you have obtained either illegally from Mr. Buccellis computers, mail or other personal belongings; cease and desist from any use of materials you have obtained lawfully from Mr. Buccelli pursuant to your NDA with him; expressly dissolve your unlawfully formed California Limited Liability Company using Mr. Buccellis Fake Magazine trademark or in the alternative, change the name to one which does not incorporate Mr. Buccellis proprietary mark forthwith; and immediately return all materials, photographs and other content improperly or unlawfully obtained as set forth herein.
We request your prompt written reply to this demand along with an accounting of all revenue generated using our clients proprietary trademarks designs, content or materials. If you are not willing to do so, we will have to assume that your selection and continued use of the infringing material is an intentional attempt to infringe upon Mr. Buccellis copyrights and trademark rights, and we will have no choice but to initiate appropriate legal proceedings to protect our clients rights.
We trust that you understand the seriousness of this matter. We request your written response within five business days of receipt of this letter. Nothing contained in or omitted from this letter will be deemed to be an admission of any fact or a waiver of any rights or remedies with respect to the subject of this letter, all of which rights and remedies are expressly reserved.
Very truly yours,
Michael P. Martin for
FISCHBACH, PERLSTEIN, LIEBERMAN
310.556.1956
Report Attachments
6 Updates & Rebuttals
Michael Klein, Publisher
W. Hollywood,California,
United States of America
Due Diligence
#3REBUTTAL Owner of company
Fri, August 13, 2010
http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-f255b.htm
http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-49c6f.htm
http://www.ripoffreport.com/festivals-event-services/james-buccelli/james-
buccelli-runway-magazine-9de83.htm
http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-f255b.htm
http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-49c6f.htm
http://www.ripoffreport.com/festivals-event-services/james-buccelli/james-
buccelli-runway-magazine-9de83.htm
http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-f255b.htm
http://www.ripoffreport.com/modeling-talent-agencies/runway-magazine-
jame/runway-magazine-james-buccel-49c6f.htm
http://www.ripoffreport.com/festivals-event-services/james-buccelli/james-
buccelli-runway-magazine-9de83.htm
ComposerTMG
Sherman Oaks,United States of America
Tim Gould
Sherman Oaks,USA
Mike Klein Fraud Producer Investor
#5Author of original report
Wed, August 11, 2010
Mike, why dont you return everything you robbed from me? How dare you you steal from me and my family! You had nowhere to go and we helped you. Your KARMA is right around the corner my friend. I hope you have prepared.
I urge you to do the right thing Mike.
There are many people you have betrayed and CONNED. They all want you to go down.
Why did you change your name from Peavlor. When is it going to stop? Even though Tim is just as guilty< I feel sorry for him that you use him and ABUSE him. I hope he gets smart before you ruin his life to. Who are you? Stay off the speed man.
Intimidating1
Sherman Oaks,California,
United States of America
Formatted 'IN'
#6UPDATE Employee
Wed, August 11, 2010
August 1, 2010
VIA ELECTRONIC MAIL
Michael P. Martin
Re: James Buccelli v. Michael Klein, et al.
Dear Sir:
I am writing you in response to the document entitled
{'CeaseandDesist1.doc' \ \7\29\2010 10:45 AM}. Please be advised that we
at Fake Magazine LLC take this attempt to commit intellectual property theft
and false claims of ownership to our registered and documented first use of
FAKE Magazine(TM) very seriously and shall unrelentingly enforce our rights
using transparency and hard documentation.
In response to the execute a scheme to defraud and deceive, there
exists a plethora of hard documentation and evidence, including but not
limited to, voice-mails, text messages, e-mails and phone records, that prove
fact over false accusations. No monetary gain has been attained whatsoever,
and in fact large amounts of personal funds have been depleted on behalf of
Mr. Buccelli in the form of assisting him to divide his possessions between
two parties without any clear instruction left before he was incarcerated on
January 4th, 2010. The mail key was left in my possession, and solely my
possession, as were the keys to the re-possessed loft at 3450 Cahuenga
Blvd. West, Los Angeles 90068.
Add to the above evidence and in response to harm and injuries to
my client (including but not limited to his reputation and goodwill),
numerous character and circumstantial witnesses both personal and
professional who have already been defrauded by Mr. Buccelli in the past, as
well as a few reports on ripoffreport.com, long before Mr. Klein and Mr.
Buccelli ever met, which was on or around December 3rd, 2009.
Furthermore, Mr. Buccelli had no involvement nor was even aware of FAKE
Magazine(TM) until he met with a Mr. J. Bianco very recently to retrieve his
computer, an 'Imac' brand Apple computing machine device which was not
used whatsoever personally by myself, Mr. Klein, for any business matters. It
is merely speculated at this meeting that Mr. Bianco made Mr. Buccelli aware
of Mr. Klein's publication, as on record via a text message asking for the first
time about FAKE Magazine(TM) as shown in this record from Google Voice
number (310) 776-5191:
('me' below is Michael Klein)
James Buchelli 15711da20df4b999 (310) 739-7408 - mobile
7/15/10 6:22 PM 2 weeks ago
James Buchelli: Fake huh? 6:22 PM
Me: Out of Los Angeles. How FAKE-tastic! 6:38 PM
It is requested of you and your client within 2 business days of the receipt of
this letter to provide the appropriate and specific evidence and due
diligence, including but not limited to: hard documentation, exact and
specific ways in which any and all of supposed copyrighted materials that Mr.
Buccelli owns were allegedly violated, specific trade secrets in question
allegedly breached, and any and all other specifics that were omitted either
on purpose or unknowingly by counsel on behalf of Mr. Buccelli and any
associates who may or may not have assisted Mr. Buccelli in regards to
retaining council using personal finances.
From and Signed,
Mr. Michael Klein
Manager
Fake Magazine LLC
Intimidating1
Sherman Oaks,California,
United States of America
in
#7UPDATE Employee
Wed, August 11, 2010
| 8581 Santa Monica Blvd. Suite 304 W. Hollywood CA 90069 | (310) 776-5191 t (323) 798-1734 f | www.fakethemag.com | | August 1, 2010 VIA ELECTRONIC MAIL Michael P. Martin [email protected] Re: James Buccelli v. Michael Klein, et al. Dear Sir: I am writing you in response to the document entitled {'CeaseandDesist1.doc' \ \7\29\2010 10:45 AM}. Please be advised that we at Fake Magazine LLC take this attempt to commit intellectual property theft and false claims of ownership to our registered and documented first use of FAKE Magazine(TM) very seriously and shall unrelentingly enforce our rights using transparency and hard documentation. In response to the execute a scheme to defraud and deceive, there exists a plethora of hard documentation and evidence, including but not limited to, voice-mails, text messages, e-mails and phone records, that prove fact over false accusations. No monetary gain has been attained whatsoever, and in fact large amounts of personal funds have been depleted on behalf of Mr. Buccelli in the form of assisting him to divide his possessions between two parties without any clear instruction left before he was incarcerated on January 4th, 2010. The mail key was left in my possession, and solely my possession, as were the keys to the re-possessed loft at 3450 Cahuenga Blvd. West, Los Angeles 90068. Add to the above evidence and in response to harm and injuries to my client (including but not limited to his reputation and goodwill), numerous character and circumstantial witnesses both personal and professional who have already been defrauded by Mr. Buccelli in the past, as well as a few reports on ripoffreport.com, long before Mr. Klein and Mr. Buccelli ever met, which was on or around December 3rd, 2009. Furthermore, Mr. Buccelli had no involvement nor was even aware of FAKE Magazine(TM) until he met with a Mr. J. Bianco very recently to retrieve his computer, an 'Imac' brand Apple computing machine device which was not used whatsoever personally by myself, Mr. Klein, for any business matters. It is merely speculated at this meeting that Mr. Bianco made Mr. Buccelli aware of Mr. Klein's publication, as on record via a text message asking for the first time about FAKE Magazine(TM) as shown in this record from Google Voice number (310) 776-5191: ('me' below is Michael Klein) James Buchelli 15711da20df4b999 (310) 739-7408 - mobile 7/15/10 6:22 PM 2 weeks ago James Buchelli: Fake huh? 6:22 PM Me: Out of Los Angeles. How FAKE-tastic! 6:38 PM It is requested of you and your client within 2 business days of the receipt of this letter to provide the appropriate and specific evidence and due diligence, including but not limited to: hard documentation, exact and specific ways in which any and all of supposed copyrighted materials that Mr. Buccelli owns were allegedly violated, specific trade secrets in question allegedly breached, and any and all other specifics that were omitted either on purpose or unknowingly by counsel on behalf of Mr. Buccelli and any associates who may or may not have assisted Mr. Buccelli in regards to retaining council using personal finances. From and Signed, Mr. Michael Klein Manager Fake Magazine LLC
Report Attachments
