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  1. hungryjoe is offline
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    Posted On:
    4/02/2010 10:27pm

    supporting member
     Style: judo hiatus

    --
    Hell yeah! Hell no!



    National Arbitration Forum



    DECISION


    Hargrave Arts LLC c/o Carter Hargrave v. Chiefasian LLC c/o Martin Eng
    Claim Number: FA0911001294273

    PARTIES
    Complainant is Hargrave Arts LLC c/o Carter Hargrave (“Complainant”), Oklahoma, USA. Respondent is Chiefasian LLC c/o Martin Eng(“Respondent”), California, USA.
    REGISTRAR AND DISPUTED DOMAIN NAME
    The domain name at issue is <jeetkunedo.com>, registered with eNom, Inc.
    PANEL
    The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
    David A. Einhorn appointed as Panelist.
    PROCEDURAL HISTORY
    Complainant submitted a Complaint to the National Arbitration Forum electronically on November 12, 2009; the National Arbitration Forum received a hard copy of the Complaint on November 16, 2009.
    On November 12, 2009, eNom, Inc. confirmed by e-mail to the National Arbitration Forum that the <jeetkunedo.com> domain name is registered with eNom, Inc. and that the Respondent is the current registrant of the name. eNom, Inc. has verified that Respondent is bound by the eNom, Inc. registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN' s Uniform Domain Name Dispute Resolution Policy (the "Policy").
    On November 18, 2009, a Notification of Complaint and Commencement of Administrative Proceeding (the "Commencement Notification"), setting a deadline of December 8, 2009 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent's registration as technical, administrative and billing contacts, and to postmaster@jeetkunedo.com by e-mail.
    A timely Response was received and determined to be complete on December 8, 2009.
    On December 9, 2009, an Additional Submission was received from the Complainant without the required fee. This submission was therefore not in compliance with Supplemental Rule #7, and has not been considered.
    On December 17, 2009, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed David A. Einhorn as Panelist.
    RELIEF SOUGHT
    Complainant requests that the domain name be transferred from Respondent to Complainant.
    PARTIES' CONTENTIONS
    A. Complainant
    Complainant makes the following contentions:
    (1) Respondent's <jeetkunedo.com> domain name is identical to Complainant's JEET KUNE DO common law mark.
    (2) Respondent does not have any rights or legitimate interests in the <jeetkunedo.com> domain name.
    (3) Respondent registered and used the <jeetkunedo.com> domain name in bad faith.
    B. Respondent
    Respondent contends that Complainant has no rights to the mark JEET KUNE DO.
    FINDINGS
    Complainant claims to own common law rights in the term JEET KUNE DO, which refers to a form of martial arts. Jeet Kune Do was founded in the late 1960's by martial arts expert, Bruce Lee. Complainant is one of approximately 50 certified Jeet Kune Do instructors worldwide. Complainant claims to have been a student of the Bruce Lee Jeet Kune Do School in California and to have acquired the rights in the name JEET KUNE DO. However, Complainant provides no evidence to support its assertion that it allegedly acquired rights to this mark.
    DISCUSSION
    Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy instructs this Panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable."
    Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
    (1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
    (2) the Respondent has no rights or legitimate interests in respect of the domain name; and
    (3) the domain name has been registered and is being used in bad faith.
    Identical and/or Confusingly Similar
    In order to affect a transfer of a domain name under the UDRP, Complainant must show that it possesses rights in a mark that is identical or confusingly similar to the disputed domain name. Complainant alleges that it acquired rights to the mark from Bruce Lee and the Bruce Lee Jeet Kune Do School and asks that the disputed domain name be transferred to Complainant, not to Bruce Lee. Complainant provides no evidence to the Panel that it has any arrangement to represent Bruce Lee or the Bruce Lee Jeet Kune Do School, or that any rights in the JEET KUNE DO mark have been assigned or licensed to Complainant. Absent any additional evidence, Complainant does not have standing to bring this claim under the UDRP. See CMG Worldwide, Inc. v. Pitanguy Plastic Surgical Clinic, FA 155888 (Nat. Arb. Forum June 3, 2003) (holding that Complainant had not demonstrated rights in the mark and therefore, did not have standing to bring a claim under the UDRP). As the present Complainant has not shown "rights" in the JEET KUNE DO mark for the purposes of the UDRP, the Complaint should be dismissed without prejudice. See CMG Worldwide, Inc. v. Humphrey Bogart Club, FA 144631 (Nat. Arb. Forum May 27, 2003).
    As Complainant has failed to show standing with respect to a trademark or service mark in which Complainant has rights, it is unnecessary for the Panel to address the second and third elements of paragraph 4(a) of the Policy (legitimate interests and bad faith).
    DECISION
    Complainant having failed to show standing, the Panel concludes that relief shall be DENIED without prejudice.


    National Arbitration Forum


    What say you Carter?

    Yeah, it's a bit of a rehash from an earlier post.

    Know you're reading the thread. Care to explain just why you should own the name Jeet Kune Do?




  2. frogninja is offline

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    Posted On:
    4/27/2010 10:49am


     Style: Mixed, Hybrid.

    --
    Hell yeah! Hell no!
    I stumbled on this post accidentally and had some serious laughs. Now this is just my opinion on the matter but, I have been a serious martial artist in the Tulsa area for more years than I care to recount. Having been a long time student of the late Terry Gibson, and fervid follower of Inosanto, and Balicki, I consider myself a pretty knowledgeable guy concerning the Philosophy of JKD as well as the art of Jun Fan JKD. But admittedly my expertise lies within the Filipino martial arts. But my apparent long winded point is this; we have had MANY of Hargrave's students both past and present come to our open sparring sessions, and park sessions, and every time their claims were great and their skills were disturbing. Absolutely NO control, no concept of chain of motion, no insight into Kinematics, or kinetic linking and OMFG no control! Time and time again we had to worn this one guy about his control till the point my fighter couldn't take anymore and mopped the floor with him. Now understand this is MY experience with his students, but talking to several area instructors I am not alone. But Hargrave's claims have been a long running joke in Tulsa for years and years.
  3. hungryjoe is offline
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    Posted On:
    4/28/2010 12:13am

    supporting member
     Style: judo hiatus

    --
    Hell yeah! Hell no!
    From:

    http://www.articleclick.com/Article/...aching/1330225

    Carter Hargrave is known in the martial arts circles as the master of Jeet Kune Do. Jeet Kune Do or JKD as its often referred to is the most effective self defense art no matter what your experience is in the martial arts. Carter Hargrave learned his JKD from an original student at the Bruce Lee school in California. Bruce Lee coined the name for this art in 1962 when he became winded during an exhibition match where it took him almost two minutes to subdue his opponent. Lee found that his training to that point in the traditional martial arts had failed him miserably, and that a new distinctive approach would be needed if he was to shorten the time in fights or in matches of any sort.

    Jeet Kune Do / JKD while being founded by Lee has not been widely taught to the public due to the fact that so few teachers existed. When Carter Hargrave became certified to teach by his instructor there were less than fifty teachers worldwide who taught the original art. It is also a little known fact that at one point the original art of Lee was on the verge of complete extinction. Only a handful of teachers were still around and none taught for a living. Most of those who did teach did so out of back rooms or out of their garages. You could only find them by word of mouth.

    Carter Hargrave began his training in the art of Jeet Kune Do in the early nineteen nineties in a small town quite some distance from where he had been living. Hargrave began teaching as an apprentice instructor soon after starting as he was progressing rapidly through the ranks. HIs teacher noticed his ability and drive and soon opened a small school to further his training and abilities to teach other students.

    In 1994 Carter Hargrave had been teaching for several years and decided to upscale his teaching environment. He opened the largest Jeet Kune Do school in the history of Oklahoma. Hargrave found that his love of teaching that had sustained him for so long had now taken a back seat to the business world. He found that teaching was the least thing that he did. It was all about the bottom line and advertising and a bunch of other non martial arts related minutia that he found distasteful. He also found that he was accepting the same quality of students that all of the other martial arts schools in town. If you had a checkbook and a heartbeat you were in.

    After three years of doing business like every other Sensei, Carter Hargrave said that is enough and closed his two schools. Carter Hargrave then decided to change things from a public school to a private school where students had to apply for his lessons and to pass background checks to eliminate the violent and habitual criminals. He now taught only those he wished, and students now had to prove their desire to be a student. Hargrave Martial Arts systems was molded exactly the way Carter Hargrave had envisioned. About The Author:

    Carter Hargrave is a native Oklahoman. He began his martial arts training at age seven from martial arts master Lou Angel. Get more information on Carter Hargrave JKD.
    With Dill's passing, the story changes.

    Emphasis is mine. More on these later.

    It would be good to meet one of Dill's senior students from this time. Comments on Dill himself would be left out of any future articles or threads other than the time frame and rank to which Hargrave was promoted.
  4. frogninja is offline

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    Posted On:
    5/11/2010 6:24pm


     Style: Mixed, Hybrid.

    --
    Hell yeah! Hell no!
    Lol, so does this D-Bag threaten everyone who posts on this board or what? I just got an email from realkarate.com threatening to sue me if I don't shut up,seriously? To say it bluntly I aint skeered!
  5. It is Fake is offline
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    Posted On:
    5/11/2010 6:46pm

    staff
     Style: xingyi

    --
    Hell yeah! Hell no!
    Quote Originally Posted by frogninja View Post
    Lol, so does this D-Bag threaten everyone who posts on this board or what? I just got an email from realkarate.com threatening to sue me if I don't shut up,seriously? To say it bluntly I aint skeered!
    Remove your name and post the email.
  6. frogninja is offline

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    Posted On:
    5/12/2010 1:15am


     Style: Mixed, Hybrid.

    --
    Hell yeah! Hell no!
    <quote> Your slanderous comments have not gone unnoticed! You wanted our undivided attention with your unprovoked attacks and defamation, well you have it 100%. We are directing our attorneys to file suit against you in State court here in Tulsa, OK.
    It appears you have way too much time on your hands to post online in your effort to interfere with our commerce and slander our reputation and steal our intellectual property. Looks like you will get to explain your actions to a jury!
    The address that we have for service is:
    <BLAH BLAH BLAH!!!>
    We should begin in the next thirty days. If you have an attorney please forward his information to us, and ask them if they will accept service for you. Be sure and post this letter online so your known associates can see where you are heading.
    Hargrave Martial Arts
    Division Headquarters of Hargrave Arts LLC.
    Box 52820
    Tulsa, Ok 74152
    </quote>


    So I guess a recount of my own personal account is considered a threat, slander, attack, etc... ROFL, well buddy I am a police officer and I know the law pretty well. You have my address feel free to drop a subpoena at will!
  7. It is Fake is offline
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    Posted On:
    5/12/2010 1:18am

    staff
     Style: xingyi

    --
    Hell yeah! Hell no!
    Thank you for that email. Please save it as well. That is really sad.
  8. frogninja is offline

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    Posted On:
    5/12/2010 1:28am


     Style: Mixed, Hybrid.

    --
    Hell yeah! Hell no!
    Its funny that this guy thinks he can pop a few dollars down on any "who is" website and then threaten people it just goes to show his moral fiber, and his FEAR of the truth.
  9. CorvusCorvanes is offline

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    Posted On:
    5/12/2010 10:08am


     Style: Muay Thai/Judo/BJJ

    --
    Hell yeah! Hell no!
    On the note of being sued, how's your court case going with the masta joe? Did he even actually serve you?
  10. Alsharad is offline

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    Posted On:
    5/12/2010 4:12pm

    Bullshido Newbie
     

    --
    Hell yeah! Hell no!
    No suit has been filed.

    Here is a list of Tulsa County Cases with Carter R Hargrave listed as a party.

    Nothing more recent than 2008. Looks like it's a lot of hot air.

    BTW, frogninja, do you mind if I email you for more info on when you have your open sparring sessions? It sounds like something that I would like to attend.

    Thanks!

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