Pacifica Attacks Free Speech on the Web

Update: has issued a press release on Pacifica Management's attempt to shut it down. The Electronic Frontier Foundation has also had something to say about Pacifica Management's misadventure.

The below E-mail includes a copy of a letter to the person in charge of the Web site threatening to take them to court if they don't give up their domain name. The same letter has been sent to the folks in charge of the, and the Web sites. The owners of all three Web sites have said that they will fight this obvious attempt to silence critics just before the Pacifica National Board meeting in Houston in early March, at which new by-laws for the Pacifica Foundation will be proposed.

The folks at and are going to be represented legally by the Public Citizen Litigation Group. Additionally, the operators have sent a letter back to Epstein, Becker & Green.

It should be noted that the web site has been operating for years and the claim below that it was just discovered by Pacifica Management seems other than completely honest.

Subject: {FP} domain name under attack by EBG, Pacifica
Date: Sun, 11 Feb 2001 16:55:00 -0500
From: "Lyn Gerry" <>
Reply-To: domain name under attack by the Pacifica Foundation/Epstein Becker & Green

Date: Fri, 09 Feb 2001 17:27:17 -0500
From: "Daly Temchine (Fred Kriesel)"
Subject: Patty Heffly desist letter -
Mime-Version: 1.0 Status: RO X-Status:


Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the Help Desk of Epstein Becker & Green at 212- 351-4701 and destroy the original message and all copies


February 10, 2001


Patty Heffley
WBAI Listener Network
511 West 20th St., #4
New York, NY 10011

Re: Unlawful use of the WBAI Trademark

Dear Patty Heffley:

We are counsel for Pacifica Foundation, owner of the trademark and trade name, “WBAI.” Use of this mark by our client dates back many years.

It just has come to our client's attention that you have registered the “” domain name with the InterNIC organization through Network Solutions, and that you are maintaining a Web site with that domain name. Such domain name registration, and use thereof, constitutes blatant trademark infringement, unfair competition, dilution, and other causes of action under state and federal law. In addition, your domain name registration and Web site use restricts our client from conducting business on the Internet under its own name, is likely to cause confusion, and dilutes the distinctive quality of our client's famous marks, among other wrongs. Recent court decisions have made clear that the manner in which you have registered “” and misappropriated our client's trademarks constitutes a clear violation of our client's rights.

Accordingly, on behalf of our client, we hereby demand that you immediately cease all use of any domain name, on or in connection with your Web sites, or otherwise, that infringes our client's trademark rights; effect transfer of the domain name to our client by completing the appropriate template of Network Solutions; and that you relinquish all rights to the domain name.

In the absence of your response in accordance with the foregoing by February 14, 2001, appropriate action will be taken against you to enjoin your use of the domain name and retrieve the domain name from you. We will also consider seeking temporary, preliminary and permanent injunctive relief, as well as damages for the harm suffered and which continues to be suffered by our client, together with attorney fees because of the wrongful deprivation caused by your illegal use of our client's registered trademark and trade name.

cc: Pacifica Foundation

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To the Open Letter to the Pacifica Foundation from the Electronic Frontier Foundation.

To the Pacifica Theft Page

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