Circuit Court Case 04-0197 The Diamondhead "Trademark" Case

Home Forums Diamondhead Legal Forum Diamondhead POA vs Bay Jourdan Publishing Circuit Court Case 04-0197 The Diamondhead "Trademark" Case

This topic contains 9 replies, has 391 voices, and was last updated by  Editor 8 years, 5 months ago.

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  • #1326

    Editor
    Moderator

    Questions, Comments and opinions are welcome concerning the case Diamondhead Country Club and Property Owners Association, Inc. filed against its own members to stop them from using the word "Diamondhead" and a volcanic symbol it claims to have trademarked in Mississippi.

    Attached files Ciruit Case 04-0197.PDF (706.3 KB)Â

    #2656

    Summer
    Member

    Glad you won and what did the POA pay to go to court with this silly case?

    #2657

    Editor
    Moderator

    We estimate that the POA board spent over $50,000 of your dues on this ridiculous garbage with an attorney that is notorious for his incompetence and bilking his clients. You may want to ask Mr. Mucho for the exact figure, he was on the board at the time this stupid suit was filed.

    #2658

    I read the part where the action against Bay Jourdan was rejected by the courts, do not understand why the board would try to squash your news. I realize that I can only voice my opinion to friends and at a board meeting if they choose to hear me, was this action taken to try
    to stop any opinions other that theirs?

    Todd VanHyning

    #2659

    Anonymous

    The board actually was also trying to stop us from publishing the Diamondhead Community Telephone Directory as well. We do both this website and the telephone directory FREE of charge to the members for the Community. If you read the suit carefully you will see that the "Trademark" they registered was artwork that we created. It was registered with the Mississippi Secretary of State and then they filed the lawsuit immediately following their registration of our artwork. Their lawyer stated in court that we were using the âlogoâ after they registered it but we clearly established that we had been publishing the Community Directory since 1994. Ten years prior to their registration this fact did not escape the Hon. Judge Terry.

    See our answer to their second motion for summary judgement. Answer to Second Motion for Summary Judgement

    #2660

    wayne king
    Participant

    Why dosen’t the board advertise for an attorney periodically.

    #2663

    FortunateOne
    Member

    Does anyone see the absurdity of this entire affair? Using membership monies to sue members over the use of something (trademark) owned by the members, paid for by members. Where is the attorney general. Oh thats right its Mississippi.

    A better solution would be to have an attorney for the membership, completely devoid of board interference.

    #2669

    PMucho
    Member

    Mr. Mucho is NO LONGER on the POA Board. Mr. Mucho’s name was NOT on the lawsuit. It seems the law suit was initiated in 1998. Mr. Mucho was NOT on the POA Board then. As a matter of fact, Mr. Mucho wasn’t even a property owner in Diamondhead then and hadn’t had the pleasure of meeting Skip Alphonso. Get your facts straight. I would be more worried about the POA dues increase. Why Security has been directed to “sit” for 3 houirs EVERY shift by EVERY officer. Why 3 Security officers have been laid off. I would be more worried about POA minutes not being posted as promised. Agendas not being available at POA Board meetings. Why the POA Board says they represent residents by NOT supporting a Casino when no inquiry has been made to the property owners of their opinion. Why do interested parties wishing to bid on work at the Slipper’s Pier House, they must email someone with a Silver Slipper extension. One last thing Skiper. Mr Mucho does not and NEVER has owned the OFICIAL Diamondhead website, Diamondheadms.org. He only secured the domain name and the format for the site AS INSTRUCTED by the POA Board at that time. Please get your facts straight!

    #2671

    Editor
    Moderator

    Mr. Mucho,

    Our facts are not only correct but well documented.

    The âTrademarkâ case was filed against us in May 2004, see Circuit Court Case 04-0197 . You were elected to the Diamondhead Country Club and Property Owners Association, Incâs board of directors in June 2004. If you are trying to tell us that the board is not advised and shown pending litigation routinely, it would not surprise us. It makes it quite easy to understand why the membership has suffered two dues increases in the last three years. They fund ridiculous lawsuits that the board knows little about.

    You also made several references to this case when you ran for vice president, stating that your web site http://www.diamondheadms.org was the "official" web site of the Diamondhead Country Club and Property Owners Association, Inc. A cursory inspection of internet documents clearly indicates the site is registered to you and at your residential address for the Diamondhead POA, not the Diamondhead Country Club and Property Owners Association, Inc. see Who is Diamondheadms.org (exhibit 7) in our counter claim.

    We have not yet chosen to name board members to our suit canceling the fraudulent registration of our intellectual property as a trademark by the Diamondhead Country Club and Property Owners Association, Inc. but reserve that right until actual minutes of board meeting ascertaining who voted for such an act can be obtained. You are mentioned prominently in both suits. See Trademark Cancellation Case and Answer to Summary Judgment

    Lastly, as you have been informed many times , my last name is ALFONSO. I am proud of my Hispanic heritage and choose, unlike your friend, Mr. Ramirez, not to anglicize it.

    My friends call me Skip. My friends are individuals of principle and integrity.

    You can call me Mr. Alfonso.

    #1325

    Anonymous

    I cannot believe with all of the issues facing Diamondhead that this issue has not been resolved by the POA after so many years and so much expense to the membership. Diamondhead News Online has been and continues to be an INTEGRAL part of the community, and stepped out on its’ own at its’ own expense to provide a much needed virtual venue for members and the general public. I think the powers that be at Diamondhead were and remain afraid of anyone that would challenge their authority (only “gifted” to them by the membership though elections). I have had my issues with Mr. Alfonso, but came to realize that there are always two sides and at the time I only knew the POA side of the equation. I saw TR right after the storm when I did not see a single POA Board member anywhere in sight. He didn’t run to BR or some other place – he stayed right there to help because he knew his help would be needed. Although we had issues in the past, I stopped and spoke to him, apologizing for my past behavior. What did he do? He took my hand and said let’s work together to make this community better. No grudges, no spite, nothing but a look directly into my eyes and a firm handshake. When is the last time a POA Board member looked anyone in the eye?

    For the POA to still be fighting this non-issue tells me that the “good ole boy” system not only survived Katrina, but continues to thrive in Diamondhead even today. Unbelievable……

    Good luck TR, and keep up the good fight. And thanks for publishing the Directory. Many of us that had to leave after the storm use it to stay in touch with friends left behind.

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