TTAB
`
`4p5p Inc.
`P.O Box 80029
`
`2850 Lake Shore Blvd., W
`Toronto, Ontario M8V 4A1
`Canada
`
`November 23, 2007
`
`Commissioner for Trademarks
`
`Office of the Commissioner for Trademarks
`
`600 Dulany Street
`Bldg. Madison East
`Alexandria, VA 22313-1451
`
`Re: USPTO SERIAL # 77034991
`
`Opposition # 91179656
`
`We Request An Oral Hearing.
`
`Enclosed please find our response to the above listed opposition made by Chris Rainer,
`President, Acme Films.
`
`You will notice that we had previously asked for an extension regarding the filing of our
`response to this opposition filed by Chris Rainer, as it was more involved.
`
`Previously we sent to you our response to opposition number’s 91179951 and opposition
`number 91179950.
`
`(
`
`As we have indicated on all three of these oppositions, 4p5p Inc., requests an oral
`hearing.
`
`These three are partners, and 4p5p Inc., is quite anxious to hear and see evidence that
`they purport to have, as to why their businesses would fail should we be granted the
`requested mark.
`
`Should you need fiarther details prior to trial, please do not hesitate to contact us.
`
`Thank you.
`
`Respectfully submitted,
`4p5p Inc
`
`WV
`
`On behalf of 4p5p Inc.
`
`HllllllllllllllllllllllllllllllIlllllllllllllllll
`
`11-28-21117
`
`US. Pa1en1&TM01I:ITM Mail Rep! 01. #01
`
`

`
`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`PO. Box 1451
`Alexandria. VA 22313-1451
`
`Mailed:
`
`September 24, 2007
`
`Opposition Nb 91179656
`Serial No . 77 034991
`
`4959; 4259
`2850 LAKEBHORE BLVD” WEST. UNIT 80039
`TORONTO uBv1H9.
`
`'1-onomo. CANADA
`'
`
`Chris Rainer. President
`Acme Films
`
`P.O. Box 30094.
`Winston-Salem, NC 27130
`
`Acme Films
`
`Va
`
`‘.4p5p
`
`Rochelle Ricks, Paralegal Specialist:
`
`A notice of opposition to the registration sought in the
`above—identified application has been filed.
`A copy of the
`notice is attached.
`'
`
`ANSWER IS DUE FORT‘! DAYS after the mailing date hereof.
`(See Trademark Rule 2.196 for expiration date falling on
`Saturday. Sunday or a holiday).
`
`Proceedings will be conducted in accordance with the 4
`Trademark Rules of Practice, set forth in Title 37, part 2.
`of the Code of Federal Regulations. Notices concerning the
`rules changes, as well as the Trademark ‘Trial and Appeal
`Board Manual of Procedure (TBMP) , are available on the
`
`TTAB‘S web page at www.usEto.gov/web/offices/dcom/ttab/.
`
`The parties are particularly referred to Trademark Rule
`2.126 pertaining to the :Eonn of. submissions. Paper
`submissions.
`including but not limited to exhibits and
`depositions, not filed in accordance with Trademark Rule
`
`£8/EB 39Vd
`
`
`
`- QQISEQZBIVDNI dfidv 6E59I LBBZ/QB/BI_
`
`
`
`
`
`

`
`2.126 may not be given consideration or entered into the
`case file.
`
`Discovery-and testimony periods are set as follows:
`
`Discovery period to open:
`Discovery period to close:
`'30-day testimony period for party
`in position of plaintiff to close: 7/10/08
`
`10/14/07
`4/11/08
`
`.
`30-day testimony period for party
`in position of defendant to close: 9/8/08
`
`15-day rebuttal testimony period
`for plaintiff to close:
`
`10/23/08
`
`A party must serve on the adverse party a copy of the
`transcript of any testimony taken during the party's
`testimony period,
`together with copies of documentary
`exhibits. within 30 days after completion of the taking of
`such testimony.
`See Trademark Rule 2.125.
`
`Briefs shall be filed in accordance with Trademark Rule
`2.l28(a) and (b). An oral hearing will be set only upon
`request filed as provided by Trademark Rule 2.129.
`
`NOTE: The Board allows parties to utilize telephone
`conferences to discuss or resolve many interlocutory
`matters that arise in inter partes cases.
`_See TBMP §
`502.06(a)
`(2d ed. rev. 2004).
`
`If the parties to this proceeding are (or during the
`pendency of this proceeding, become) parties to another
`Board or civil proceeding involving related marks or other
`common issues of law or fact,
`they shall notify the Board
`immediately, so that the Board can consider consolidation
`or suspension of proceedings, if appropriate.
`
`New Developments at the Trademark Trial and Appeal Board
`
`the TTAB strongly
`For faster handling of all papers;
`encourages electronic filing whenever possible.
`TTAB forms
`for electronic filings are available at
`http://estta.uspto.gov.
`Images of TTAB proceeding files
`can be viewed using TTABvue at http://ttabvue.usEto.gov.
`
`L0/I79
`
`3!-)Vd
`
`ONI dQdt7
`
`QQIQBQZQII7
`
`Eu€39T
`
`LBGZ/SB/BI
`
`

`
`4p5p Inc
`PO Box 80029
`
`2850 Lake Shore Blvd., W
`Toronto, ON M8V 4A1
`Canada
`
`November 21, 2007
`
`USPTO SERIAL # 77034991
`
`In response to opposition testimony (#91179656) from Mr. Christopher Rainer of Acme
`Films, 4p5p Inc. wishes an oral hearing regarding the proposed mark, # 77034991.
`
`4p5p Inc., its owners and/or affiliates, is not knowingly involved in fly business practice,
`or website, that violates Q11 US or Canadian law.
`
`We wish to rebut Mr. Rainer’s testimony as he has misled, once again, the United States
`Government.
`
`0 Mr. Rainer is not a sub-distributor of any product.
`
`In the film industry, a sub-distributor is just that: a company contacted by the main
`distributor to manage a specific (sub) territory or region. In Mr. Rainer’s opposition, he
`claims to have “been a sub-distributor since 2002.” This improper use of industry
`terminology underscores Mr. Rainer’s naivety in a world he so wishes to be a part of, but
`lacks the experience and basic education and business skills to realize.
`
`In fact, public records will show that Mr. Rainer was incarcerated in federal prison in
`Colorado from 1999 through most of 2003. We find it very hard to believe that Mr.
`Rainer can operate a business while still behind bars and in personal bankruptcy, no less!
`Mr. Rainer’s parole only ended in late 2005.
`
`In today’s security conscious world, Mr. Rainer needs to understand that, with a criminal
`record, he will never be able to find a good job with steady employment, or legally run a
`business that gives him access to credit card numbers and other private information. As
`our evidence will show, when Mr. Rainer possesses such sensitive information he uses it
`for criminal activities: one thing, we are sorry to report, Mr. Rainer does have experience
`at. Furthermore, the fact that Mr. Rainer was charged at least eight times with sexual
`crimes against children pretty much rules out international travel, let—alone working with
`minor children ever again.
`
`Instead, Mr. Rainer needs to become “self employed”, albeit not “officially”, to garner
`enough income on which to live as a “valuable member of society” (although not a tax-
`paying “valuable member of society”).
`
`° Mr. Rainer sells DVDs as an individual MarketPlace Seller on Amazon.com
`(acmefilmsone_com), as a private individual on eBay.com (acmefilmsone), and on a
`
`

`
`/2
`
`series of ecommerce websites (acmefilmsonecom; acmefilmfactory.com; alfilms.net;
`ataboyfilms.com). At most, Mr. Rainer is a retailer and not a sub-distributor of any kind.
`
`° Selected DVD products sold by Mr. Rainer on his websites, and through eBay and
`Amazon, are actually purchased from Amazon.com and then resold at inflated prices. In
`addition, Mr. Rainer purchases DVDs and DVD-Rs (recordable DVDs) from Tom
`Hopkinson, operator of CVMC.net. Mr. Rainer in-tum copies and then resells those. Mr.
`Rainer has no business relationship with legitimate video wholesalers responsible for
`selling product to retailers. This is because Mr. Rainer hasno business; not in the true
`sense of the word.
`
`0 Mr. Rainer is not “President” of “Acme Films.
`
`° The State of North Carolina, Secretary of State, confirms that neither Acme Films nor
`Chris Rainer have a license to operate a business in that State. Secretary of State also
`confirms that there is no business, of any kind, registered to Mr. Rainer, and that he does
`own the PO Box listed on his letterhead, his websites wvvw.acmefilmfactory.com/
`www.acmefilmsone.com, and as the return address on mailings of product. Mr. Rainer is
`currently violating State and County law by continuing to operate a business without a
`license, and Federal law by not claiming revenue from this business on his personal
`income tax returns. Take note that Mr. Rainer currently has an IRS lien on his assets
`from previous failed “legitimate” businesses.
`
`At the time this letter was written the State of North Carolina confirms that Mr. Rainer is
`sfl operating his business without a license, and that Mr. Rainer is being fined each day
`he continues to operate his illegal business. Fines have been accumulating dzfly since 22
`October, 2007 according the Secretary of State for North Carolina.
`
`° Mr. Rainer has given conflicting stories to State Inspectors regarding Acme Films. At
`first Mr. Rainer denied operating Acme Films, but later told a different State official that
`“he [Mr. Rainer] is getting a letter from the Home Owners Association” to allow him to
`operate a commercial business in an area zoned for residential use. Mr. Rainer does not
`own the home in which he operates Acme Films. Of course the “letter” of which Mr.
`Rainer speaks still will not replace a valid business licensed issued by the State.
`
`° Unfortunately, even with this illegal, unregistered business and criminal history, Mr.
`Rainer somehow managed to get a Merchant Account that gives him access to credit card
`numbers and private information. Mr. Rainer also allows unsuspecting customers to
`input confidential information and credit card numbers over an unsecured website link
`(http://www.acmefilmsone.com/servlet/Page?template=AcmeFilmsOne%20Mail%200rd
`er%20Form). This type of activity does not adhere to CISP Compliance nor the PCI Data
`Security Standard. Mr. Rainer, and his web hosting company and merchant account
`supplier, can be fined up to $100,000 for non-compliance.
`
`

`
`/3
`
`° Mr. Rainer’s so-called fake company, Acme Films, should not be confused with Acme
`Films Ltd., a US based film production and distribution company that is nearly 100 years
`old (established 1910). Nor should Mr. Rainer’s fake company be confused with the
`@e_e_ other legitimate companies also called Acme Films, with offices in the United
`Kingdom and Philippines.
`
`0 Mr. Rainer operated similar, un-registered, unlicensed businesses
`previously.
`
`° Mr. Rainer has been operating similar “businesses” since 2005 when he was a resident
`of Berea, Ohio. Records indicate an average revenue stream of roughly $8,000 USD
`each month from November 2005 through most of October 2006. At the time Mr. Rainer
`was operating as MBM, or “MouseBoysMovies” (www.mouseboysmovies.com) and
`most transactions were processed through “authorize.net”, a merchant services provider
`(authorize.net user ID: 928moumov171).
`
`I Mr. Rainer joins forces with IVC / IVB Inc., and “friends”.
`
`Unfortunately Mr. Rainer’s current attempt to disrupt the business operations of 4p5p Inc.
`is another in a long list of similar incidences that have occurred since 25 November,
`2005.
`
`° The truth about Mr. Rainer is that he is in fact a convicted felon and registered sexual
`offender. As we will prove, and as our evidence will show, Mr. Rainer has teamed with
`fellow convicted felon Calvin Englehart, business partner David C. Eisenlohr (opposition
`No 91179951) and German businessman Harry Tume (opposition No 91179950) to:
`
`0
`
`Impersonate lawyers and federal officials, including police;
`0
`0 Publish the private information of customers and competitors;
`0 Operate www.crimefightersusa.com, a webpage that defames and harasses
`competitors, customers who complain, and any individual, or supplier, who chose
`to work with competitors;
`Send SPAM email to clients and suppliers that make false allegations involving
`non-existent pedophile rings operated by competitors;
`0 Distribute bootlegs of their own product while “crying poor” and blaming
`competition;
`0 Disrupt business operations of 4p5p Inc., its affiliates and/or agents by claiming
`the proposed mark is already a trademark and that 4p5p Inc. is attempting to steal
`it.
`
`

`
`/4
`
`BACKGROUND INFORMATION
`
`This highly organized group, including Mr. Rainer, sends letters filled with half—truths,
`lies and irrelevant information in an attempt to manipulate suppliers, clients and
`organizations that deal with 4p5p Inc. The motive of these actions is to disrupt, and
`ultimately end the legitimate, law abiding business operations of 4p5p Inc. The spirit of
`competition is “thrown out the window” as Rainer, Eisenlohr, Englehart and Tume
`employ unfair business practices and deceit to mow-down anyone who gets in their way,
`regardless of what the truth really is. There is no reasoning with these individuals as
`4p5p Inc has, on many occasions, attempted to initiate contact that ultimately falls on
`deaf ears.
`
`0 Mr. Rainer impersonates an abused 15-year-old boy to commit fraud;
`actions supported by IVC / IVB Inc.
`
`° Unable to find a job, in 2005 Mr. Rainer started selling bootlegs on his website
`“www.mouseboys.net” (and www.mouseboys.com) for a “donation” made payable to his
`PayPal accounts (mousetoomouse@yahoo.com / onerainerchris@yahoo.com). The
`average donation was between $5 and $20 USD. To gain sympathy and the trust of his
`clients, Mr. Rainer claimed to be a 15-year-old victim of sexual abuse named “Chris”.
`Chris used the nickname, “Mouse”, because he “is small for (his) age” according to
`personal website postings.
`
`° At the time, the majority of Mr. Rainer’s product came from self-made DVD-R
`(recordable DVDs), with hand written and computer generated labels. These DVDs were
`cloned from originals purchased from Insider Video Club, of Los Angeles. Mr.
`Eisenlohr, the alleged General Manager and ‘owner’ of Insider Video Club / IVB Inc.
`was made aware of this on 24 May, 2006 by way of a customer complaint forwarded to
`him via email. However, Mr. Eisenlohr’s business relationship with Mr. Rainer
`continued, regardless of proven bootlegs, and the relationship continues to this day as
`they are business partners.
`
`0
`
`IVC / IVB Inc. allows “friends” to distribute bootlegs; blames 4959 Inc when
`business goes sour.
`
`° While allowing Mr. Rainer and long-time friend Mr. Tom Hopkinson of CVMC.net
`(amongst many others) to knowingly bootleg and sell alleged IVC / IVB Inc owned
`product, Mr. Eisenlohr has claimed that 4p5p Inc is engaged in this activity and is now
`“crying poor”. Mr. Eisenlohr also claimed that 4p5p Inc has “stolen” a previously
`registered trademark (serial #77034991). Currently, the orgy owner of the alleged stolen
`trademark, as listed on the USPTO official website, is 4p5p Inc. Neither Mr. Eisenlohr
`nor Mr. Rainer have yet to produce an official distribution agreement, or samples of a
`
`

`
`/5
`
`series of videos allegedly using the proposed mark, but yet claim their business will
`“suffer great damage” should 4p5p Inc be granted the mark.
`
`° While claiming that 4p5p Inc is “bootlegging” numerous videos, items that were
`covertly purchased from Mr. Rainer were in fact bootlegs! Blurry DVD sleeves printed
`on matte-paper (almost like construction paper), and faded, colorless artwork printed on
`inferior DVD discs! Some discs had only a printed title on the face and the video was
`obviously a VHS transfer with no DVD menu. Similar product was purchased from Mr.
`Tom Hopkinson of CVMC.net, another business partner and close friend of Mr.
`Eisenlohr’s.
`
`° Prior to September 2005, 4p5p Inc was purchasing alleged IVC / IVB Inc owned
`product from Tom Hopkinson, retailer and current owner of CVMC.net. However, this
`product proved to be very poor in both quality and packaging. Numerous complaints by
`4p5p Inc to Mr. Hopkinson resulted in Hopkinson’s termination of our business
`relationship. 4p5p Inc then contacted Mr. Eisenlohr and described the problem, at which
`time which time Mr. Eisenlohr agreed to take 4p5p Inc on as a client. However, Mr.
`Eisenlohr continued to allow Mr. Hopkinson to sell bootlegs.
`
`ractices to eliminate and
`0 Mr. Rainer and IVC / IVB Inc use unfair business
` 2_jjj
`defame competition and customers.
`
`Mr. Rainer, with the help of Mr. Eisenlohr, Mr. Englehart and Mr. Tume, has undertaken
`a defamation and slander campaign against 4p5p Inc, its employees and / or agents, and
`their affiliates and suppliers.
`
`° Mr. Rainer once claimed that Brian Way is a convicted pedophile and child
`pomographer. Mr. Rainer claimed that Mr. Way is a police officer. Mr. Rainer claimed
`that Mr. Way is actually “Brad Willman/ Willem” from Vancouver, British Columbia, a
`former child pomographer turned Government witness, who changed his name. Mr.
`Rainer once gave newspaper quotes and an apparent physical description of Mr. Way.
`Mr. Rainer posted the alleged home address and phone number of Mr. Way. Mr. Rainer
`claimed that Mr. Way is a little boy. All of this information was published on the Rainer
`/ Eisenlohr / Englehart / Tume owned/operated website www.crimefightersusa.com in an
`obvious attempt to damage the reputation of Mr. Way and 4p5p Inc. This completely
`false and defaming information was also given to thousands of clients and suppliers to
`4p5p Inc, including but not limited to Web Hosting Companies, Movie Studios,
`Government of Canada, Police agencies, UPS (and other courier / mail companies), film
`producers and directors, and to the Law Society of Upper Canada by way of SPAM
`email. Mr. Rainer even claimed that 4p5p lnc’s former attorneys were non-existent, and
`called their former (but apparently non—existent) lawyer a pedophile.
`
`

`
`/6
`
`What is quite amusing is that, while reading these hilarious, poorly written allegations
`filled with grammatical and spelling errors, it became apparent that Mr. Rainer was
`actually describing himself: a “not to bright” loner, 5’9” tall and overweight appearance,
`to operating an illegal business from the basement of his mother’s home. Let it be known
`that Mr. Rainer is 5’9”, overweight, and currently resides with his mother, Helen Hardy,
`and operates his unlicensed, illegal criminal enterprise from the basement of a home
`located at 1025 HEATHERSTONE CT, WINSTON SALEM, NC 27104. Of course, Mr.
`Rainer is a convicted pedophile and registered sexual offender (North Carolina SRN:
`0l4579S6) in at least three states.
`
`0 Mr. Rainer, Mr. Eisenlohr, Mr. Englehart, Mr. Turne’s lack of advanced
`computer knowledge leaves trail of evidence.
`
`Thankfully, advisors to 4p5p Inc are technically savvy and much more computer literate
`than Mr. Rainer and his followers. Over the years Mr. Rainer has made, and continues to
`make, numerous mistakes leaving a trail of evidence that links him and Mr. Eisenlohr,
`Mr. Englehart and Mr. Tume together.
`
`° On June 26, 2007, 15:23, an email was received that was sent from someone claiming
`to be a police detective. This email was actually ‘spoofed’ to give the first impression
`that it came from the Police (spoofing is an unauthorized use of legitimate identification
`and authentication data, however it was obtained, to mimic a subject different from the
`attacker. Impersonating, masquerading, piggybacking, and mimicking are forms of
`spoofing). A closer review of the email’s technical information revealed that the email
`actually came from “megamailservers”, a mail service known for inadequate security
`measures and often the target of spam email generators, and a Canadian-based hydro-
`electric company IP with disturbingly weaker security. Days later, information detailing
`this email appeared on www.crimefightersusa.com, the anti-competition website operated
`by Rainer, Eisenlohr, Turne, and Englehart. This website claims to be operated by
`“former police officers, lawyers and concerned citizens” who are working with the
`Police, and that the email sent on 26 June, 2007 was not only true, but that the intended
`receiver of the email “will be prosecuted” for not closing their business.
`
`It doesn’t take a genius to know that, 1) Police do not send emails to suspects they may
`arrest; 2) Police don’t publicize their findings on third party websites during an
`investigation. These glowing errors prove that Mr. Rainer, et al, did in fact send the
`email impersonating a police officer. This email, and technical details, will be submitted as evidence during the
`oral hearing and trial.
`
`° Calvin Englehart, a resident of Florida, is an accomplice to Rainer’s numerous felonies.
`To this day, Mr. Englehart believes that Mr. Rainer is a child, and even makes mention of
`this “young man” on his personal webpage
`(http://home.earthlink.net/~usrsow95caleng/id2.html). Mr. Englehart and Mr. Rainer met
`a number of years ago through Rainer’s website, www.mouseboys.net. A Google search
`
`

`
`/7
`
`of the first portion of Mr. Englehart’s email address / online alias (usrsow95caleng) will
`reveal his relationship with Rainer.
`
`—>On or around November 15, 2007, Mr. Eisenlohr received 4p5p Inc’s
`response to opposition No. 91179951. Roughly the same day Mr. Englehart’s
`personal webpage went offline (http://home.earthlink.net/~usrsow95caleng). This
`is not a horrible coincidence, but rather more evidence that Mr. Rainer, Mr.
`Eisenlohr and Mr. Englehart are working together to conspire against 4p5p Inc.,
`and now apparently attempt to hide that fact. It is obvious that Mr. Eisenlohr
`contacted Mr. Englehart and Mr. Rainer and informed them that “the secret’s out”
`and 4p5p Inc is well aware of the relationship. Although the webpage is offline,
`we have included a printed copy of the website that was made on 23 October,
`2007.
`
`Mr. Rainer and Mr. Englehart share a mutual interest in “spanking” little boys, and have
`subscribed to many “spanking” forums and blogs. Mr. Rainer has written numerous
`“stories” about his fascination with spanking little boys. As evidence, we have included
`several of these stories written by Mr. Rainer, when he was posing as a child. These
`stories were published before December, 2004 and are still available for download by
`anyone. Take note that these stories were authored by Mr. Rainer while on parole.
`You’ll notice many references to a young friend of Mr. Rainer’s whom he calls “Dave”.
`This same “Dave” was talked about many times on www.mouseboys.net. The stories are
`pornographic in nature.
`
`° Mr. Rainer feels that by posing as a child, thus unable to register websites because of
`“no credit card”, that Mr. Englehart will take the blame for any criminal activity, or civil
`liability that may arise out of Mr. Rainer’s online activities. Mr. Englehart registered
`some of Mr. Rainer’s websites, eBay IDs, and Kissimmee, FL post office box (PO Box
`452593 Kissimmee, FL 34745-2593). During eBay sales, Mr. Rainer has even responded
`to customers as “Calvin E” when replying to emails sent through eBay’s mail system.
`
`° On eBay Mr. Rainer was known as crainer123, then acmefilmsl and now finally
`acmefilmsone (as of 23 October, 2007). Mr. Rainer was also known as alfilms-net until
`eBay suspended the account. Mr. Rainer operates these businesses but uses the identity
`of “Calvin Englehart”. Mr. Rainer’s current eBay account (as of 11 November, 2007),
`acmefilmsone, has been suspended a number of times, presumably for violation of eBay
`policies.
`
`‘’ On www.myspace.com, prior to 18 August, 2007, Mr. Rainer was using his
`www.mouseboys.net email address, mousetoomouse@yahoo.com, posing as a 15-year-
`old boy. The same “boy” the real Calvin Englehart assumes to be real.
`
`

`
`/8
`
`° Prior to 18 August, 2007 Mr. Rainer’s website, www.acmefilmfactory.com used a
`unique identifier to track visitors. This unique identifier was supplied by QuantCast, a
`well known intemet traffic monitoring company. Mr. Rainer used this same website
`template, and thus the same QuantCast account, for www.crimefightersusa.com as well.
`As our evidence indicates, the QuantCast account number p-38lzxlGlAYmQ appears in
`the source code for both websites (a clear .jpg version is available for closer inspection, if
`it pleases the Court).
`
`The source code also shows that the webpage www.crimefightersusa.com used the same
`“stylesheet” for not only www.acmefilmfactory.com, but also
`www.mouseboysmovies.com, a website Mr. Rainer operated prior to 23 October, 2006.
`A stylesheet is a file written in a stylesheet language - like CSS - used to describe the
`style of elements in a document written in a markup language, like HTML. A stylesheet
`determines how a website looks, including colors, fonts, and general layout. In this case,
`as the evidence shows, the stylesheet was uploaded to the web server from a particular
`spot on Mr. Rainer’s hard disk drive (file:///C|Documents and Settings/Chris/My
`Documents/mm_entertaimnent.css). Meaning, a search of Mr. Rainer’s local hard drive,
`under the sub directory Documents and Settings/Chris/My Documents, will find the file
`mm_entertainment.css. This stylesheet was written for mouseboysmovies.com (the
`“mm” in mm_entertaimnent.css), but used for www.acmefilmfactory.com and
`wvvw.crimefightersusa.com as well.
`
`° On www.crimefightersusa.com Mr. Rainer also makes reference to Mr. Eisenlohr and
`Mr. Tume as co-owners and operators of the website. Calling these individuals “another
`film company” and even listing the IVC / IVB mailing address. The statement
`encourages visitors to contact Mr. Eisenlohr to get even more personal information of the
`alleged owners of 4p5p Inc. What is more bizarre is that the website they are operating,
`wvvw.crimefightersusa.com, calls Mr. Eisenlohr’s very own product “child pornography.”
`Mr. Eisenlohr vehemently claims, in numerous letters to USPTO, that he is the owner of
`this very product!
`
`° In October 2007 Mr. Rainer attempted to hi-jack the distribution rights of a film
`currently owned by Sharpe Features. IMDB.com (Internet Movie Database) listed
`“Acme Films International” as the DVD distributor of a film entitled, “Amor estranho
`Amor” but later rescinded the listing in favor of the true distribution rights holder. The
`mailing address that was listed on IMDB is the same mailing address listed on Mr.
`Rainer’s letterhead for his opposition testimony, his website www.acmefilmfactory.com,
`and the return address of his mailings of product. IMDB has since removed Acme Films
`International from their database entirely. IMDB has a policy that if companies are listed
`as distributors they must have secured the rights to the particular film they claim to be
`theirs. Mr. Rainer holds no such rights.
`
`

`
`/9
`
`Mr. Rainer has lied and deceived his way through life and this continues to this day. In
`fact, we are quite confident that once Mr. Rainer, Mr. Eisenlohr, Mr. Englehart and Mr.
`Turne each receive a copy of our testimony, they will become so enraged that the
`defamation will continue, as they have published many times, “we will not stop.”
`
`In closing, we would like to request an ORAL HEARING. We are very anxious to hear
`testimony from Mr. Rainer disputing our allegations and how Mr. Rainer’s “business will
`suffer great damage” should 4p5p Inc be granted the proposed mark.
`
`We ask that the Court immediately dismiss oppositions 91179656, 91179951 and
`91179950. The opposition testimonies prove nothing more than the Plaintiffs failure to
`reserve the mark prior to our application.
`
`Based on the evidence provided it is quite apparent, and blatantly obvious that the
`Plaintiffs have chosen to harass and defame the Defendant through a series of websites,
`blogs, SPAM and unfair business practices rather than go through Civil or Trademark
`Court proceedings. We ask that 4p5p Inc be granted the proposed mark 77034991 after
`close review of the evidence provided.
`
`A copy of this letter and the enclosed documents has been served (mailed) to Mr. Chris
`Rainer.
`
`Respectfully submitted,
`4p5p Inc.,
`
`W O
`
`n behalf of 4p5p Inc.
`
`

`
`
`
`September 5, 2007
`
`*77034991*
`
`Commissioner for Trademarks
`Office of the Commissioner for Trademarks
`
`U.S. Patent and Trademark Office
`Post Office Box 1450
`
`.
`
`.
`
`.
`
`V
`
`Alexandria, Virginia
`
`22313-145/J
`
`Sir:
`
`I have been a sub-distributor of Harry Turnys pojkART videos
`since 2002.
`I have sold them worldwide.
`Brian Way of 4p5P Productions
`
`in Toronto is attempting to eliminate all competition in the sale of
`
`those videos by fraudulently obtaining the trademark, “pojkART." He
`
`has stolen and is bootlegging the entire pojkARI line of videos which
`he sells on the internet.
`
`Harry Turné created the name “pojkART” and began using it in
`commerce world-wide as early at 1976, over thirty years ago. My
`
`business will suffer great damage if Brian Way is granted the trademark.
`
`The following is a list of 87 videos which I have sold and will be
`prevented from selling if Brian Way is granted the pojkART trademark:
`
`°mm°°7 9"‘-5”“ “WW” ""3499!
`01 F0=6402
`3oo.oo up
`
`A‘
`
`pojkART (87 titles)
`Adriatic Antiés
`.
`Agde Boys 1
`
`Agde Boys 2
`
`Anglers. The
`
`Another Summer Holiday
`At the Black Sea 1
`At the Black Sea 2
`
`Barefooted
`
`Beach Artist
`
`Beach Boys 3
`Beach Chums
`
`g 3 1:,“-1.
`
`:. 7no':""' ‘(Hi NF‘ 5‘
`
`'3
`
`

`
`Beach Games
`
`Beach Kids
`
`‘- Blue Water Boys
`
`Bouncing Beach Boys
`
`Boy and the Golden Egg, The
`Brazil. Part 1
`
`Brazil, Part 2
`Brazil. Part 3
`
`Capital Fellows
`
`Colorful Life on the Adriatic
`Corsican Dream 1
`
`Corsican Dreams 2
`
`Corsican Treasure. The
`
`Crimean Capers
`
`Day at the River, Parts 1 & 2, A
`
`Day at the River, Part 3, A and The Chain Gang
`Days of Summer
`Divers on the Island
`
`Fernandez and His Island
`
`Festival Week in Kiel
`
`Fighting Buddies
`
`First Day of Summer, The
`
`Fisher Boys
`FKK Blue Adria
`
`FKK Holiday 1
`
`,
`
`FKK Summer Holiday l
`
`FKK Summer Holiday 2
`
`FKK Waterpark
`Fun in the Water
`
`Fun on the Pier
`
`God or Goat
`
`Gold Seekers, The
`
`Hansi
`
`Happy Beach Life
`
`Happy Boys
`Happy Holidays
`
`Holiday Fun 1
`
`Holiday Fun 2
`
`Holiday Fun 3
`
`In Sunny Italy
`In the Australian Outback
`
`Indian Boys
`
`Indian Game, The
`Island of the Sun
`
`Joy of Bathing. The
`
`

`
`Last Day of Summer
`
`Let's Go Camping
`. Let's Go Primitive
`
`i
`
`Merry Boys
`Montalivet
`
`_
`
`=
`
`;
`
`Mowgli and the City Boys
`Naturist Boys 1
`
`on the Land and in-the Water
`Paula's Dream
`
`Puppy Dog Tails
`Rascals in Action
`
`Reunion with Fernandez, A
`Summer Days of Freedom
`Summer Friends. at B'a1ato'n”‘. 1 W
`Summer Happiness
`
`Summer in Rovinj
`Sumer Portraits
`Summerly Sea, The
`
`Taming the Wild Boy
`
`Tattoos, Sand; Sea end'Sun!.
`éransformatis Animalis
`
`Two Friends and .a Sumner Day
`Two Friends at the North Sea 4
`Under Palms at the Ocean
`Water from the Moon
`
`“ I J H“.-
`
`We All Swing Together and Fun in the Foreét
`Where the Crab Goes Backward
`Wild Riders
`
`Young Caballeros I
`Young Caballeros II
`
`
`
`3 Rainer. president
`
`Enc:
`
`$300 check.
`
`

`
`3)
`
`NAME(S) USED:
`
`RAINER, CHRITOPHER
`RAINER, CHRISTOPHER
`HARDY, CHRISTOPHER
`
`NICKNAME(S):
`
`CHRIS
`
`PHYSICAL:
`
`w
`
`M
`
`509
`
`155
`
`BRO/BLU
`
`SKIN:
`
`DATE(S) OF BIRTH:
`
`013058
`
`PLACE(S) OF BIRTH:
`
`on
`
`CONTRIBUTOR /
`ARREST#
`
`NAME /
`DATE
`
`CHARGE /
`DISPOSITION
`
`PIP‘
`
`I
`
`‘II
`
`SO TELLER COUNTY SH
`ERIFF - CRIPPLE CR
`ARREST # 97J-0595
`
`RAINER,
`CHRITOPHER
`DATE — 04/18/97
`
`SO TELLER COUNTY SH
`ERIFF - CRIPPLE CR
`ARREST # 97J1039
`
`RAINER,
`CHRITOPHER
`DATE — O6/22/97
`
`SO TELLER COUNTY SH
`ERIFF - CRIPPLE CR
`ARREST # 97Jl039
`
`RAINER,
`CHRITOPHER
`DATE - O6/22/97
`
`SO TELLER COUNTY SH
`ERIFF — CRIPPLE CR
`ARREST # 97Jl039
`DK-O4197CRO0O88
`
`RAINER,
`CHRISTOPHER
`
`DATE - Q6/22/97
`
`sEx AssLT
`3RD DEG
`OFFENSE DATE: 04/18/97
`ITEM #001/008
`
`SEX AssLT
`POSITION OF TRUST
`FELONY
`OFFENSE DATE: 06/22/97
`DISPO: DIS BY PROSECUTION
`DISPO DATE: 01/16/1998
`ITEM #002/008
`
`SEX ASSLT
`3RD DEG
`OFFENSE DATE: 06/22/97
`DISPO: DEF BY PROSECUTION
`DISPO DATE: 01/16/1998
`ITEM #003/008
`
`SEX OFFENSE
`SEXUAL EXP CHILD F3
`DISPO: DIS BY PROSECUTION
`DISPO DATE: 01/16/1998
`ITEM #004/008
`
`PD COLORADO SPRINGS
`ARREST # 199914796
`
`RAINER,
`CHRISTOPHER
`DATE - O9/O2/99
`MNU:OA-752030
`
`.
`CONDIT RELEASE VIOLATION
`VIOL COMCOR RULES-SEX ASLT CHILD
`
`ITEM #005/O08
`
`SO TELLER COUNTY SH
`ERIFF - CRIPPLE CR
`ARREST # 80907
`
`RAINER,
`CHRITOPHER
`DATE - 09/03/99
`
`CONDIT RELEASE VIOLATION
`OFFENSE DATE: 09/03/99
`ITEM #006/008
`
`DENVER RECEPTION &
`DIAGNOSTIC CENTER
`ARREST # 102659
`
`RAINER,
`CHRISTOPHER
`DATE — 11/05/99
`
`**DEPARTMENT OF CORRECTIONS
`INCARCERATION**
`SEX OFFENSE
`EXPLOIT CHILD
`FELONY
`4.0 YRS
`ITEM #007/O08
`
`RAINER,
`CHRISTOPHER
`
`-**DEPARTMENT OF CORRECTIONS
`;INCARCERATION**
`
`

`
`f\.t(K.'35'l'
`
`fi LUZ (333
`
`DATE - ll/05/99
`
`ASSAULT
`
`‘D
`
`3RD DEG/PEEPING/FORCING EXPOSURE
`EETONY
`ITEM #008/008
`
`K/I
`
`——- END or RECORD MEETING DISSEMINATION CRITERIA ——-
`—-—-DATE:5/4/2006 9:02:54 '.PM(MT)——-—
`
`*'k*
`ir'k*
`**'k
`-k~k‘k
`*ir*
`**it
`i()'r*
`>\'*s'(
`
`CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS
`CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL
`ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS
`ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER.
`FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO
`MISREPRESENT THE CONTENTS OF THE RECORD IS PROHIBITED BY
`LAW, AND MAY BE PUNISHABLE AS A FELONY WHEN DONE WITH THE
`INTENT TO INJURE OR DEFRAUD ANY PERSON.
`
`I
`
`*3‘:-Ir
`'k-kit
`***
`)‘t~k*
`*>‘:'k
`-kirk
`~k~k*
`*3'('k
`
`

`
`Offender Details
`
`Page 1 of 1
`
`:-~=,_._3_-.=.~"*E_"'st
`
`5353.9 Y..Y3.€£?t«-lI!t?'.?'
`
`