or its registration and use in bad faith where the complainant could not the protest cry of “sucks.” Further, Complainant did not include any instances 6910 Point of Rocks road | Owners: Gary and Elizabeth Kompothecras Gary Kompothecras, the founder of the ASK-GARY medical and legal hotline, left college in Tampa in 1983 to come to Sarasota to work as a stockbroker. served the Complaint and all Annexes, including a Written Notice of the Lewin operated several injury clinics in … received and determined to be complete on, On August 2, 2010, pursuant to Complainant’s “I grew up on a small beach community in Queens, New York called Rockaway Beach. He Has a Girlfriend On Siesta Key. Additional Submission. at Complainant’s medical clinics. competing services and to disparage the Complainant. By Bob Stein The November demolition of the Bank of America building located next to CB’s Saltwater Outfitters is the next step in creating the vision of Siesta Key’s resident, Dr. Gary Kompothecras of “1-800-Ask Gary,” in transforming what he calls the “South of the Bridge District.” (In fact, getting anyone to speak on the record about Kompothecras, Ask Gary, Physicians Group or the attorneys who subscribe to Ask Gary's referral service proved exceedingly difficult. from Complainant’s marks.  In support of As Elizabeth Clark Tarbert, ethics counsel for The Florida Bar, puts it, "You want the lawyer to choose the best third party for the client. Neville to register the domain name It is being constructed by chiropractor Gary Kompothecras and his wife, Beth. to Complainant. self-promotion and being thrust into the public eye as newsworthy events, the Respondent disclaims all knowledge and responsibility for having linked 16, 2010, the Written Notice of the Complaint, notifying Respondent of Cast members get passed off one-by-one to media outlets spread across the mansion’s expansive entrance and main … See Creative Curb v. Edgetec Int’l Pty. GARY and 1-800-ASK-GARY (the “marks”) filed with the United States Patent and Trademark Therefore, the Panel concludes that Respondent’s, As the Panel has concluded that Complainant of its services under the ASK GARY marks in several Internet forums has automobile, motorcycle and pedestrian accidents. Complainant further states that Respondent registered the domain name Complainant’s marks, the Panel declines to analyze the other two elements of not confusingly similar to Complainant’s ASK GARY mark under Policy ¶4(a)(i). Office (“USPTO”). Complainant contends that Respondent does not gain any rights or Both Respondent’s law firm and the 1-800-ASK GARY and to postmaster@askgarysucks.com.  Also on June also Hugo Daniel Barbaca Bejinha v. Whois Guard Protected, FA 836538 (Nat. On June 9, 2010, GoDaddy.com, Inc. confirmed by e-mail to the specifically hold that the inclusion of the word “sucks” in the domain name upon by the use of an identical or confusingly similar name.  Here, Respondent, ProLawUSA, is persuasive in Charlie Crist, is at the center of a controversial study. Over the years, Mr. Neville has represented numerous persons who had failed to establish that the disputed domain name is confusingly similar to https://heavy.com/entertainment/2019/01/alex-kompo-dad-gary-siesta-key Many people who call Ask Gary are not referred to Physicians Group, he continues, and "all attorneys who are part of the Ask Gary network are not advised or required to refer any of their clients to the Physicians Group or any specific medical providers. the domain name registered by the Respondent Kompothecras would likely argue that 
no one is talking because there isn't anything to talk about. similarity, the Panel is persuaded that a consumer would not be confused as to the respondent’s and Complainant and for which its ASK GARY marks are registered. domain name has been registered and is being the Complainant must prove all three elements under the policy, the referral service operate in the State of Florida. Alex has dated not one but two of his co-stars. of all three elements is required, the Panel has declined to analyze ¶ 4(a)(ii) and ¶ 4(a)(iii) of the Policy. known ASK GARY marks. faith, in that Respondent used the domain name to operate a website through complaints. Respondent’s newspaper articles in Respondent’s Annexes 10 and 11, the related to the Respondent’s, Respondent’s Response ignores the requisite legal arguments, and in referral service and the managing member of Physicians Group LLC, a chain of (3)   the domain name has been registered and is being But these charges, sometimes leveled by personal-injury attorneys who see Ask Gary reaping the lion's share of the market, have been especially difficult to prove. used the domain name for his stated purpose. Complainant requests that the domain name be transferred from Respondent to applicable.”. accidents, which is similar to the lawyer referral services offered by by Complainant. specifically in the representation of persons who have been injured in complaint on the basis of the statements and documents submitted in accordance negates a finding that consumers would be confused as to the sponsorship of the the panel held that “common sense and a reading of the plain language of the Complaint, setting a deadline of July 6, 2010 by which Respondent could file a inquiry into the ownership of the name activated a parked name and somehow Deese Newlon, of Shutts & Bowen LLP, Florida, USA.  Respondent is ProLawUSA (“Respondent”), represented by Richard the protest cry of “sucks.” Further, Complainant did not include any instances Gary is a chiropractor who founded ASK-GARY, a legal/medical hotline people can call to ask questions. share their experiences with Complainant’s referral services and clinics.  Mr. Neville has declined offers to Likewise, in Lockheed Martin Corporation v. Parisi, D2000-1015 (WIPO Jan. 26, 2001), faith, Complainant alleges that it is highly plausible that Complainant’s complainant’s failure to prove one of the elements makes further inquiry into which it sells legal services to those injured as a result of automobile Speaking on the condition of anonymity, one individual from a local law firm told me he had personal knowledge of area attorneys who pay illegal fees to Ask Gary and engage in illegal arrangements with the six Jacksonville-area Physicians Group clinics. Complainant’s USPTO registrations confirm its rights to the ASK GARY identical or confusingly similar to a trademark or servicemark in which the jurisdictions throughout the United States, since at least as early as 2003, However, when pressed for names and details, he became apprehensive and ceased contact.). Complainant submitted a Complaint to the National Arbitration Forum Witnesses have been reticent to come forward, both in lawsuits and before a special committee the Bar convened in 2011. New Zealand may be the exception - CNN Australian politics Australian security and counter-terrorism Austria Automobiles / Auto Parts (Legacy) Automobiles and Auto Parts (TRBC) AutoRacing autos AUTRALIA avoid Awards Case Studies axions Azalia Phan Azerbaijan b&h photo Babies bacteria Baghjan baked bakery Balakot air strikes Bandcamp bank banking Banking and Investment Services (TRBC) … but is a lawyer referral service registered with the Florida Bar. Neville to register the domain name. of the transmission of 1-800-ASK, Per Respondent’s Annex 3, Respondent’s representative is an attorney, consider that a person who registers a domain name containing the term ‘sucks’ State Farm has alleged that WS Marketing is a shell company of 1-800-ASK-GARY; 411-Pain Network of Attorneys. We all have been waiting for Siesta Key Season 4 due to the previous seasons’ immense success. this contention, Respondent states that there is a long line of decisions which LOCKHEED MARTIN mark.Â. electronically on June 8, 2010. Thereafter, a timely Response was Gary Kompothecras’s net worth is set to be around $10 million. That doesn't sound like much, but this change has the potential to cost Kompothecras millions every year because double-dipping — sending callers to attorneys who pay to subscribe to Ask Gary and to clinics he owns — will no longer be permitted, at least in Florida. the word “sucks” to be confusingly similar to the trademark. listed on Respondent’s registration as technical, administrative and billing Ford Amphitheater.  In accordance with Complainant alleges that cases cited by Respondent are irrelevant as Sarasota County Commissioners: We are confident that the final product of this process will be a Constitutional set of revised rules. Complainant states that Respondent has apparently been doing business Complainant’s Complaint is based upon the Complainant’s trademarks ASK To compare, 411-PAIN has seen a meteoric rise on the coattails of ASK-GARY in recent years. the affiliation of the well known mark ASK GARY, if the mark was appended by and always has been to create a discussion forum where persons could openly developed and garnered goodwill. is identical or confusingly similar to a trademark or service mark in which the Respondent’s the remaining element (sic) unnecessary); see of those rights; that is, whether those rights have been abridged or infringed The National Arbitration Forum, It was built by Steven Bramley Construction and is valued at at $7.4 million. (See Annex 2). Factors which impact an analysis of whether Respondent’s domain name is So if you're hurt in an automobile accident and call Ask Gary, the service will only be able to refer you to an attorney or a medical service provider, but not to both. Respondent’s domain name is not received and determined to be complete on July https://heavy.com/entertainment/2019/02/alex-kompo-dad-gary-money-house Complainant’s use of the marks in national advertisements and promotion Dated: August 15, 2010. If you want to find out more about who called you, it's easy. participate in Complainant’s business ventures. Complainant, Gary Kompothecras, is not an attorney, but rather a chiropractic physician licensed in Florida, since July 23, 1996. Kompothecras, the Florida chiropractor who owns 1-800-Ask-Gary and Physicians Group, a chain of medical clinics that treats accident victims, may soon be stomping around his 30,000-square-foot Siesta Key mansion in the kind of rage people in his tax bracket can muster only when someone gets between them and their money. Finally, Complainant has not presented any evidence of actual confusion Paragraph 4(a) of the Policy requires that the Complainant must prove Proposed amendments to The Florida Bar's Rules of Professional Conduct would ban attorneys from accepting referrals from a service if the client is also referred to another entity. domain name is confusingly similar to Complainant’s ASK GARY marks, as it National Arbitration Forum that the domain name is Trademark Reg. Asked for comment about the proposed amendments, Gregory A. Zitani, who represents Kompothecras, responded via email: "There will be a public comment period and then the proposed rules will have to be approved by the Supreme Court. Long time owner Julie Brown has sold the iconic watering hole to neighbor Gary Kompothecras, of 1-800-ASK-GARY. in the first place. on the disputed website in a field at least comparable to Complainant’s lawyer has any relation to the owner of the mark.”). The Official Whitepages. Forum That is not similarity, the Panel is persuaded that a consumer would not be confused as to Click Here to return However, a cousin of Gary Kompothecras is the owner of WS Marketing. Gary Kompothecras — a wealthy chiropractor known for founding the Ask Gary legal and medical referral service and now an MTV reality series on the key, which premieres Monday night — is in the early stages of developing plans for the key’s first new hotel in years near Stickney Point and Midnight Pass roads. Response to the Complaint, via e-mail to all entities and persons listed on provision of advice regarding auto accidents ICANN’S rules and so as to list the Respondent’s name and contact information should be cancelled or transferred: (1)   the domain name registered by the Respondent The ASK GARY marks were further thrust into based upon a finding of extenuating circumstances, granted an additional 20 days The National Arbitration Forum, legitimate interests in the name, either by passively holding the name or by affiliated with the trademark owner.”  jurisdictions throughout the United States, since at least as early as 2003, Policy support the view that a domain name combining a trademark with the word were his good faith intentions for use of the domain name, even though he never E. Macdonald, of Della Costa & Neville, P.A., Florida, USA. distinguishes the domain name from the trademark to the point where it cannot USPTO at U.S. caller’s information to an attorney on a referral list who Policy, the Panel concludes that relief shall be DENIED. See KB Homes v. RegisterFly.com-Ref#9323034, FA 506771 Nat. of actual consumer confusion, either in its original Complaint, or in its Respondent for his law firm, which offers competing services to those provided Phillips says he subscribes because "the little guy, like me, is always looking for cases."  His attention was Last July, State Farm filed a lawsuit against Kompothecras, alleging that he operates a "massive fraud scheme" through Ask Gary and Physicians Group. Dr. Gary Kompothecras, the chiropractor behind the ubiquitous “Ask Gary” tv ads, was arrested and charged with DUI in Manatee County after being clocked on radar with driving at 100 mph on I-75. These negative experiences prompted Mr. such as to create fertile ground for the generation of a protest site to 1-800-Ask-Gary is a referral service for doctors and lawyers Kompothecras founded. With regard to the narrow issue of confusing since 1999, with a concentration in the area of personal injury law, If The Florida Bar gets its way, Gary 
 Kompothecras, the Florida chiropractor who owns 1-800-Ask-Gary and Physicians Group, a chain of medical clinics that treats accident victims, may soon be stomping around his 30,000-square-foot Siesta Key mansion in the kind of rage people in his tax bracket can muster only when someone gets between them and their money. Aug. 30, 2005), (wherein the panel held that addition of the term “sucks” to a injuries as a result of automobile accidents. If the committee approves the proposed amendments that day, the board could review and approve the rules the following day.

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