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StumbleCulinary sues Web site operator critical of union
Wednesday, March 3, 2010 | 8:57 a.m.
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Culinary Workers Union Local 226 in Las Vegas has filed a trademark infringement lawsuit against the operator of a Web site that is critical of the union.
The union local, with some 55,000 hotel, casino, restaurant and other service workers in the Las Vegas area, operates a Web site at www.culinaryunion226.org that provides information to its members and nonmembers.
Local 226, in a lawsuit filed Tuesday in U.S. District Court for Nevada, complained that its trademark rights have been violated since November.
That's when defendant Cesar Barsey of Las Vegas and his company Team Cesar allegedly registered the Web site domain names www.culinaryunion226.com, www.culinaryunion226.net and www.culinaryunion226.us.
These names take Internet users to a Web site that says it's offering to become a forum for criticism of the union.
"This Web site is designed to be both informative and critical of the practices of our union, Local 226. Many are of the opinion that our union is organized for the sole purpose of obtaining our hard-earned dollars and then they give nothing in return (other) than lip service. It seems to be true, in fact, that many of our complaints fall upon deaf ears and we never reach the level of desired results at the union talks," says the Web site, which is headlined "Local 226 Hear Us."
The union lawsuit, filed by attorneys Richard McCracken and Eric Myers of the Las Vegas law firm McCracken, Stemerman & Holsberry, says that the union's name "is an extremely valuable asset" and the union:
-- Is well known for its effectiveness in representing workers and its success "in creating a strong union work force in Las Vegas."
-- Uses its name to endorse candidates; and that the union encourages volunteers to participate in political campaigns and is well known for its ability to influence voters.
The suit says: "Its endorsement has been characterized by national media as valuable to candidates running for political office in Nevada, including presidential candidates."
The union says it is covered almost daily in local newspapers and other media in Las Vegas, and in national media, and that such coverage uses its trademarked name.
"Defendants' domain names were calculated to mislead the public into believing the defendants' sites were operated by plaintiff," the lawsuit charges.
The union alleges violations of the federal Anti-Cybersquatting Act because, the union asserts, the defendants are attracting visitors to the Web sites by using a name confusingly similar to the union's name.
A request for comment was placed Tuesday with the defendants about the suit, which also alleges trademark infringement and seeks a court order barring the defendants from using the domain names at issue.
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who cares? Unions destroy economies.. disband all unions..
it is clear what this union thinks if they want to sue someone who might speak against them.
Funny that this lawsuit will actually generate more traffic to the other websites.
Show of hands of people who knew they even existed before?
Free speech for everyone except those critical of unions.
People that are critical of a union must be silenced at any cost.
People that criticize unions are not real Americans.
Support the unions as they have harry Reid bought and paid for and he knows what's best for everyone. All hail the transformed America.
Glad to see the Union standing up for their members rights and for the right to have their property not messed with as some folks just cannot leave other folks' property alone. They have a conversion problem known as a disease that only they know what the cure for the disease is. They have conversion disease and they like to blab about it on street_property@hotmail.com.
The Union has the right to defend their property in a manner that is lawful and also to defend their members. The members pay dues to be defended by lawyers who are not crooks and are not going to rip off the members.
If the union had half a brain it would have registered those domains at the same time and used re-directs. Idiots.
If you don't want someone to use your domain name then don't let it expire. Thre is nothing you can do now. The Union is not going to be able to do anything except pay out the ass for the url's.
What bull crap -- Unions used the help the working man... now they squash them like bugs.
Today.. unions really seem to be a marketing tool for career politicians... which the lawyers acknowledge in the article. Forcing people into unions... and removing the anonymous vote really seems like something Joe Stalin would do.
The ads on the site take away from the message... but this DOES seem to be a free speech issue and not a case of cyber squatting.
Does the union have a public forum so members can air their concerns? I doubt it.
People just seem to want to be heard... and are NOT trying to steal the unions brand.
It will be interesting to see if the judge buys the argument... or has been bought by the union. I'd also like to thank McCracken, Stemerman & Holsberry for bringing attention to this web site!
If culinary union 226 can't stand the heat... they should get out of the kitchen!!
Unions today are run to make the people working in the Locals money while bleeding the workers. What a bunch of Fools as they voted Obama thinking they would get a benifit and Obama has &^% all over them.
All I know is that during the 8 years that Bush was in office I was working more OT than I had ever worked in my life and earning dollars like never before. The Union got the man they wanted in office and no jobs, a bankrupt country and all the while nothing but a middle finger from the man at the top to the Unions.
The Unions are going the way of the Country, down the %^&**$%.
I wonder if they would have sued if the web site was positive about the union and not negative. Also the headline made me think of the Church of Scientology.
I expect that the UNION will burn him out in their usual style
If I patronize a casino or restruant that is union (I look on the union website for their "Do Not Patronize" list) I do not tip anyone in that place, especially a waiter. I leave a little note on the table thanking them for the service but I am sorry I do not tip any union member. I had a couple of waiters follow me out of the restaurant and swear but that is OK. If I hire anyone to work on my property I note in the contract that no Union people are allowed on my property. I suggest others do the same.