|
I'm working on more updates to this story, but here is the press release that explains it all.
Pokey the Boy and Pokey® the Horse coexist in harmony.
FOR IMMEDIATE RELEASE
MACUNGIE PA. April 21, 1998 -- Twelve year old Christopher "Pokey" Van Allen, the owner of the Internet domain name Pokey.org and the proprietor of that web site, is breathing a sigh of relief because he can keep his Internet domain name. Through the efforts of his attorneys John Caldwell and Scott B. Schwartz of Woodcock Washburn Kurtz Mackiewicz & Norris LLP in Philadelphia, PA, and with the virtual support of the world wide Internet community, the claims by counsel for Prema Toy Company, the owner of the GUMBY® and POKEY® trademarks, have been withdrawn.
Late last year, Christopher received a certified letter from counsel for Prema Toy Company demanding that Christopher relinquishes ownership of the Pokey.org domain name. The Pokey.org domain name had been a birthday gift to Christopher, who has been called Pokey for all of his life.
Christopher's attorneys responded to the demand letter and advised Prema's counsel that Christopher's use of the domain name was solely non-commercial and that Christopher's use of Pokey.org did not in any manner impinge on Prema's trademark rights. After a second letter claiming "trademark dilution" arrived from Prema's lawyers, Caldwell and Schwartz explained that a non-commercial use, like Pokey.org, could not be dilution of a trademark.
Despite this, Prema's counsel filed a letter with Network Solutions requesting that Christopher's domain name be suspended. Network Solutions is the registrar for Internet domain names in the United States and registers all .com, .org, .net, and .edu Internet domain names. Due to the multitude of domain name disputes that have arisen over the last several years, Network Solutions has adopted a domain name dispute policy which allows Network Solutions to suspend, or even transfer ownership of, Internet domain names. Once suspended by Network Solutions, the Internet domain name is rendered inaccessible.
The ensuing "hue and cry" echoed across modems around the world. Netizens from across the globe registered their support for Christopher by visiting the pokey.org web site and leaving messages of encouragement. Support was international in scope. Hundreds of Internet service providers throughout the United States came to Christopher's aid by volunteering to direct web surfers to Pokey.org in the event that his domain name was suspended by Network Solutions.
Further, supporters of Christopher's plight to keep his domain offered the boy emotional encouragement through private email, something that David and Kathy Van Allen, Pokey's parents say "was critically important to Pokey's attitude throughout this event". "Pokey has made dozens of new friends and through the thousands of comments saying 'keep your chin up' he now knows that you can stand up for what you believe in.", says Pokey's father David Van Allen.
This matter came to a close when Art Clokey himself, the creator of the GUMBY® and POKEY® characters, wrote to John Caldwell at Woodcock Washburn advising that he was instructing his attorneys to withdraw their letter to Network Solutions and that Christopher could keep the domain name Pokey.org.
In his clearly heartfelt letter, Art Clokey invoked the "Spirit Of Gumby" and swiftly resolved this matter. Art Clokey has promised to notify Network Solutions that he and his company, Prema Toy, withdraw their complaint so that a great kid can enjoy his birthday present.
Sean Griffin, 31, Founder and CEO of StudioFX, who represents Prema Toy, Gumby, Pokey, and a host of Premavision characters on the Internet said "The entire situation was handled incorrectly". He continues, "Art Clokey is one of the most caring and nurturing people in our world today. And at this time in his life, when he is so focused on his message of understanding, it gave him great joy to contact Christopher and reassure him that Pokey.org was his for good."
Christopher Pokey and Art Clokey spent well over a hour on the phone together yesterday discussing the ordeal. "I'm so happy, I have said thank you a billion times in the last couple of days", says Christopher "Pokey" Van Allen. "Mr. Clokey is real nice person and he never wanted this to happen. He told me he was very sorry for the whole mess, he said I did what Gumby would have done about a problem like this".
With the dispute finally over Pokey feels relived. "I can go back to doing my web site and I hope this helped other people on the Internet too. I can't thank all my supporters enough - they have been great!" Citing certain other domain disputes David Van Allen adds "the pokey.org case should illustrate that we can coexist in many situations. Pokey's attorney John Caldwell impressed on us that it is easy to litigate but it is far better to work outside of the courts to come to closure on matters; others should take that advise."
"We are delighted that a solution to this dispute has been found" said John W. Caldwell of Woodcock Washburn. "We always hoped that the trademark owner, Mr. Clokey, would do what is right without the need for litigation."
There are no restrictions on the release of the domain pokey.org back to Christopher. "It is how it was before the first letter from Prema's counsel on December 5, 1998. There were no payments, we bore the cost of the legal fees alone and we are very satisfied to end this right here and now." Says Van Allen, who amusingly adds, "Pokey's allowance is used up until the year 2050".
Pokey's web site is located at http://www.pokey.org
Contact:
David Van Allen
610-704-2666
<dave@fast.net>Sean Griffin
StudioFX, Inc.
408-557-6750
<griffin@studiofx.com>John Caldwell
Woodcock Washburn
215-568-3100
<caldwell@woodcock.com>