The first in bad faith trademark application of Media Temple Inc., Culver City, CA, USA was rejected by the OHIM (decision of the 4th board of appeal of 21/10/2009). The complete document can be read by following this link:

Decision of the 4th Board of Appeal of 21 October 2009

Their 2nd ‘in bad faith ‘ trademark application (opposition decision pending) will not be successful! This can be deduced from the OHIM’s decision reasons.

1) Mediatemple Inc., Culver City, CA, USA, has lost their cancellation request against our registered trademark (mt)mediatemple ® (Decision of June 18, 2009, made by the German Patents and Trademark Office).

2) Our letter to the OHIM (European Patents and Trademark Office, Alicante, Spain), dated July 17, 2009:

The 4th Board of Appeal

Appeal No: R0974/2008-4
Opposition No: 001079153
Opposed Trade mark No: 004947701
Opponent: Mediatemple GBR

We herewith inform you, that

A) the Applicants cancellation request against our registered trademark (mt)mediatemple (No. 305 31 537.4), filed on March 3, 2008, at the German Patent and Trademark Office (GPTO), was rejected by the decision of the GPTO of June 18, 2009 (c.f. ANNEX W1.)

As a consequence, our registered trade mark (the opposition mark) will not be deleted!
 
Main reason for the decision: The applicant has not acquired any legitimate vested rights in Germany, in other European countries and in the United States.Thus, the speculative argument (a possible deletion of our registered trade mark) from the Applicant is no longer applicable as a ground for NOT to REJECT it’s present case “in bad faith” trademark application.

B) we also gave information to the OHIM’s Cancellation Division in our collateral opposition proceedings
(Opposition No: 001454281) against the „in bad faith“ application of the trademark No: 007023708, filed by Mediatemple Inc., Culver City, CA, USA.

Respectfully yours,

Dr.rer.nat. Heinz W. Neuling
Director Mediatemple GBR, Hamburg, Germany

Two weeks ago outside Philadelphia, sixty-five children from a summer camp tried to go swimming at a club their camp had a contract to use.

Evidently, the club didn’t know the kids were largely Black.

When the campers entered the pool, White parents took their kids out of the water, and the swimming club’s staff asked the campers to leave. The next day, the club told the summer camp that their membership would be canceled and that they would refund their money.

When asked why, the club’s leader said the “kids would change the complexion … and the atmosphere of the club.”

A “Whites only” pool in 2009 should not be tolerated. The club’s actions appear to be a violation of section 1981 of the Civil Rights Act. Whether or not any laws were violated, a “Whites only” pool should be something every American condemns.

I’ve just joined ColorOfChange.org in doing exactly that — will you join me, and email your friends and family asking them to do the same?

We’re also calling on the Department of Justice to evaluate suing the facility under federal law. It takes just a moment to do both, here:

http://www.colorofchange.org/swim/?id=2088-918171

Obama is President but that doesn’t mean that suddenly all is fine when it comes to race in America. This is a vivid reminder of what we know still lies beneath the surface.

We all know stories like this one — similar incidents play out quietly every day in different communities across the country. The difference in this case is that folks got caught and there was a contract in place that makes for a potentially illegal act.

Standing up now isn’t just about making things right for these kids in Philadelphia or bringing consequences to this swim club (called the Valley Swim Club). It’s about creating a climate of accountability everywhere. If we can publicly shame the Valley Swim Club and hold them accountable for this incident, it will make others think twice before engaging in this kind of discrimination.

Please join me in condemning the Valley Swim Club’s blatant discrimination and calling on the Justice Department to investigate whether they violated civil rights laws. And please ask your friends and family to do the same.

http://www.colorofchange.org/swim/?id=2088-918171

Thanks.

Here are some links to more info:

“Pool Boots Kids Who Might ‘Change the Complexion,’” NBC Philadelphia,

07-08-09

http://bit.ly/90Zyr

“60 Black Kids Booted from Philly Pool For Being Black — Speak Out,”

Jill Tubman at Jack and Jill Politics, 07-08-09 http://bit.ly/GkJTs

“Valley Swim Club: Day Two,” Adam B at Daily Kos, 07-08-09 http://bit.ly/qbpSA

“Section 1981 Summary,” Employment Law Information Network http://www.elinfonet.com/1981sum.php

(USEUCOM) will host a Change of Command Ceremony between Army General John Craddock and Navy Admiral James G. Stavridis at Husky Field on Patch Barracks, Stuttgart, Germany, June 30 at 10 a.m. 

The Secretary of Defense, Robert Gates, and the Chairman of the Joint Chiefs of Staff, Adm. Mike Mullen will preside over the event and provide remarks during the ceremony.

The EUCOM Change of Command Ceremony will broadcast on the Pentagon Channel and stream “live” at www.eucom.mil.  For those interested in following the ceremony via Twitter, use #US_EUCOM or #EUCOMnews.

June 30, 2009taylor.clark@eucom.mil

Published with permission of USEUCOM

The Opposition was filed by a German Company called ‘Genesys telecommunications Laboratories GmbH’ from 81829 Munich. The Petitioner based its opposition on three identical trademarks ‘GENESYS’ (Reg.No. 1056366, 1076990 and 1175052) and lost the proceedings. Bad for them!

What a great betrayal of their customers is going on with Mediatemple Inc.?

Just look at their website (http://www.mediatemple.net) an compare their main office picture with real one’s taken by a “cheated client”:

Supplement: That’s what http://www.webhostingtalk.com wrote us:

—————>

Web Hosting Talk [mailto:wht@webhostingtalk.com]

sent: Tuesday, May 26, 2009 20:38

to: us

Dear infochannel,

This is a reminder about your post(s) or other actions at WebHostingTalk Forums.

The moderator who issued this reminder has this message for you:

=======================================

I’m not sure I understand the point of your post, but we’re not going to allow you to simply link to your own commercial blog.  If you have information to share that is within the rules of the community, that’s fine, post it to the thread. Looking at your post history, it appears that you are a competitor of the company in question.

As a reminder, You may not use discussions to recommend, praise, or belittle other products or services, or any company; without first hand experience of those products or services. This includes companies recommending other companies. Any post not meeting a moderator’s criteria will be removed without notice.

=======================================

If this reminder is about a specific post, you can see the post here:

http://www.webhostingtalk.com/showthread.php?p=6201929#post6201929

=======================================

Mediatemple Inc., Culver City, CA, USA has not even own data-center’s.

What a great betrayal!

Read more… Link: bit.ly/hWjIh

=======================================

If this reminder is about a rule you broke, you may receive warning points if you break this rule again. To review forum guidelines, please use the link to the Rules at the top of every forum page.

To see details of all the warnings and alerts you have received, please visit the following URL:

http://www.webhostingtalk.com/usercp.php

Do let us know if you have any questions or concerns by contacting us at:

http://www.webhostingtalk.com/helpdesk/

—————-

WebHostingTalk Forums Team

<————————————— 

 Our answer:

We were not aware, that it is forbidden to link to the full article on our blog.

Sorry.

…and yes, we are a competitor, but the article is about the truth. Media Temple Inc. explicitly state out on their website, that they:

1. have their own 4-Tier data center in EL Segundo, which is not true.

2. are the inventors of grid-hosting, which is not true
3. have raised their employees from 25 to 84 within 3 month, which is not true (we have this from the person, which worked for them and shoot the photo’s
4. Media Temple Inc. infringes our trademark, which is well known to the European and German patent offices
5. Media Temple Inc. does not use own server for their webhosting services (insider information). Their Server images on their website are just “digital imaging processing results”. We know the 3D-designer.

and

6. We have first hand experiences with Media Temple Inc. and the true data center owner’s

…but you are right with your censure. We just wanted to let people know, that Media Temple Inc. is using wrong informations about themselves and their services and that is a betrayal. What else?

regards

Mediatemple GBR Team

Positions:

1. http://amnesty.org/
2. http://hrw.org/

• Behörden, wie Jugendämter, Sozialämter und Arbeitsgenturen usw.
• Betreunungseinrichtungen (z.B. Praxen f. gesetzliche Betreuungen, Pflegedienste, freiberufliche Betreuer, Gerichtsgutachter usw.)

In DARK WIKI können Beiträge frei editiert, kommentiert und diskutiert werden. Im “explosiven Magazin” HYDRAZINE ® werden uns zugesandte Beiträge vor ihrer möglichen Veröffentlichung zuerst auf Inhalt und auf das Vorliegen allgemeinen Interesses hin geprüft.

Freuen Sie sich auf September!

Das JURABLOGS Team

p.s Siehe auch folgende Pressemitteilung: DARK WIKI ist online!

Soldiers from the 66th Transportation Company and the 39th Transportation Battalion, and airmen from the 723rd Air Mobility Squadron worked 36 straight hours to palletize over 75,000 pounds of emergency shelter items and medical supplies which include tents, blankets, bedding, hygiene items, clothing, beds, cots, and medical supplies in order to support this mission to the Georgian people.

“Due to the real world situation on the ground in Georgia, European Command, United States Army Europe, United States Air Force Europe and 21st TSC expeditiously planned and executed the initial humanitarian supply flight within 24 hours of the cease fire agreement to help bring relief to the Georgian people,” said Lt. Col. Robert Curran commander of the 39th Transportation Battalion.

The humanitarian aid supplies were provided from State Department stock at the U.S. Army Medical Materiel Center - Europe’s Humanitarian Assistance Program Warehouse in Pirmasens, Germany.

An Air Load Planning Officer was in charge of the load as it was received and placed onto aviation pallets. After the loads were inventoried, certified, weighed and strapped down, they were handed over to the Air Force for loading and transport to the destination.

“21st TSC is the lead coordinating Army logistics unit that is packaging, staging and transporting supplies to the Air Force for air movement to Georgia,” said Curran.

It is a joint effort involving all services.

“We are augmenting the State Department disaster assistance package with DOD emergency and medical supplies and equipment from Germany to assist Georgian’s humanitarian needs on the ground,” said Curran. “Further assessments of humanitarian needs are ongoing for follow on support.”

“It’s a good feeling to be able to do something good for someone during a situation like this,” said Sgt. Henry Pinckney from the 5th Quartermaster Company. “I think it is important because you never know when you are going to be the one requiring help one day.”

“When we are working against the clock with a 24 hour turnaround everyone is working hard,” said Capt. Gabriel Legendry from 39th Trans Battalion and in charge of the loading site at the Deployment Processing Center, “but, it brings a lot of joy to do something good for someone.”

Capt. Bryan Woods

Deputy Public Affairs Officer

——————–

U.S. European Command (USEUCOM): http://www.eucom.mil

The joint military effort supported coordination by the U.S. State Department and U.S. Agency for International Development with the Georgians. The Department of Defense was requested to support with a joint U.S. military operation which launched with the delivery of 16 pallets of medicine, clothing, sleeping bags, cots and other essential items to Georgians.

“Our sole goal is to safely and rapidly deliver humanitarian aid to Georgia to alleviate human suffering and save lives,” said Col. Benjamin Everson, chief of U.S. Army Europe’s International Operations Division.

“We will continue to support this humanitarian mission until the host nation and the U.S. State Department determine that it is no longer needed.”

The C-17, based out of McGuire Air Force Base, N.J., was operated by a 3rd Airlift Squadron aircrew from Dover Air Force Base, Del., and landed among cheers and smiles from local nationals on the airfield.

One pallet after another was quickly offloaded from the aircraft. The Georgians on the ground continually thanked the U.S. military team for its efforts.

“We are in dire need of these supplies,” said Sergey Khomchenko, Counterpart Community and Humanitarian Assistance Program director.

“Thank you so much for helping us in this great time of need. These supplies will surely save lives.”

U.S. officials, including a U.S. European Command survey team, continue to coordinate closely with the government of the Republic of Georgia to determine what aid is most needed within the country and how best to distribute the aid.

“We are very pleased that the joint military community - EUCOM, U.S.

Army Europe and U.S. Air Forces in Europe, have the opportunity to provide logistical support to bring these humanitarian supplies here,”

said U.S. Navy Lt. Cmdr. Corey Barker, USEUCOM spokesperson. “EUCOM forces will remain ready to support as further needs are assessed.”

Air Force Capt. Erin Dorrance

86th Airlift Wing Public Affairs

——————–

U.S. European Command (USEUCOM): http://www.eucom.mil