The Border Field State Park™ Part 9

RE: Alleged Trademark Infringement

October 17, 2014

By Electronic Mail and US Mail

Dear Ms. Reimche,

RE: Alleged Trademark Infringement: BorderFieldStatePark.com

Introduction

Certainly, Border Field State Park is the poster child for a park managed by Subaru-driving Birkenstock-wearing delusionals, where the men shave their legs and the women do not. Where the only permanent building in the place – the Tijuana Estuary Visitor Center — was built upon, or is proximal to, the many layers of human feces in the expansive sewage settling ponds gloriously installed and eventually abandoned by the nearby city of Imperial Beach — a city that is so toxic that it was used for the 2008 pilot program of the TV show Secret Millionaires which prominently featured images of PELIGRO — BIOHAZARD — SEWAGE signs on the city beaches, including those in California's Border Field State Park. Please note Exhibits#1, #2.

It seems evident that you are not really aware of what Border Field State Park really is and so my response to your Cease and Desist Order includes pertinent information that certainly must have been withheld from you or I believe you certainly would not have proceeded with this action against me.

If you are, however, in fact fully aware of all of what is presented about the park and its surrounds by me herein and the actual legal status of your alleged Trademark and still initiated your actions against me then I believe it all reaches a level of criminality I have certainly never seen in any government agency outside of Kim Jong Un's Hermit Kingdom.

Prior Actions

Please understand that I have been indirectly involved with State Parks in the past on another matter in Border Field State Park. I responded with a well-documented and well-researched complaint to the state of California’s Region Nine Water Quality Control Board and from the date of my well-documented formal complaint to costly resolution between state parks and the California’s Region Nine Water Quality Control Board was about two years. Further, on yet another matter I exposed confidential information of government activities in the park area to the San Diego County Board of Supervisors in open session with all five Supervisors present and with textural handouts to the audience and color slides projected on the public room’s projection screen before an audience of over a hundred. That debacle was covered by approximately 22 column inches of the San Diego Union newspaper and heads rolled.

Border Field State Park Reality

Border Field State Park is not a “normal” park as one would imagine other California Parks such as Old Town San Diego State Historical Park or Sonoma Coast State Park.

Yes, a few people may work in a tiny area at the far northwestern edge and they may want to save some part of nature’s habitat but the true reality of the entire area — the Tijuana River Estuary and south to the border — is absolutely evil.

References in the Text

Nearly all further references to Border Field State Park will be to the “PARK.”

Trademarks

I made a workmanlike diligent effort prior to my obtaining any Internet domain name that would consist of BorderFieldStatePark.com. That diligent effort included a full search of the United States Patent and Trademark Office database. I then obtained the domain name and constructed the website in the middle of the year 2004.

Possibly, the only other domain name that today references Border Field State Park is the TRNERR.ORG named website which was obtained by its owners in 2008.

Prior Knowledge of BorderFieldStatePark.com

It is virtually impossible for any normal person to say that state representatives and agents who obtained TRNERR.ORG or were using the Internet back in 2008 would not have considered or even sought a domain name similar to BorderFieldStatePark.com.

In addition, during the years between when my site was first operational — 2004 — and the TRNERR.ORG creation — in 2008 — it is a metaphysical certainly that persons interested in Border Field State Park — within the state government and without — visited my website for information and even as a model of what not to have for their future websites.

Lack of Diligence

No effort was made in those intervening four years (between 2004 and 2008) by any state agency or office or person to contact me and correct any error on my site or to alert me to any possible question of ownership of any applicable Trademark.

Worse, no effort was made in the intervening ten years (between 2004 and early October of 2014) to alert me to any possible question of ownership of any allegedly applicable Trademark or its alleged use by me during those intervening ten full years.

Protecting Your Trademark

As an alleged Trademark holder you are — by law — obligated to husband that property. You are allowed some leeway but three years is the standard term allowable for failure to act. Of course, there is the issue that said Trademark does not actually exist at a national level. Certainly, my diligent effort to find any possible owner of such a Trademark failed to discover that because — through a quirk — the state of California has a privately held trove of Trademarks that are not available for discovery on-line, nor is it common knowledge that such a trove even exists.

Further, it seems that State Parks has to renew their Trademarks in that trove on a three year or possibly five year cycle and thus again and again and again the status of BorderFieldStatePark.com would come to the fore, yet no action was taken over all those ten years of the site’s existence.

Certainly, ignorance of such a state level Trademark trove is not an excuse on my part. State Parks’ complete and abject failure to monitor and police a Trademark that has been in use by a private entity for over ten years is absolutely a failure and an indication of gross incompetence and that incompetence has now — by State Parks’ failure to abide by the laws regarding the use and protection of Trademarks has forfeited that Trademark. The only way you can now seem to recover that Trademark is through intimidation of me and to coerce me and to silence me.

There is absolutely no difference between BorderFieldStatePark and the word KLEENEX. If you have a Trademark and it is accidently and in good faith — or even not in good faith — used by another for years and years and this is obvious to all and is public knowledge for years and years that this other use is in effect and you do absolutely nothing; you eventually have no recourse. State Parks passed that “eventuality” with BorderFieldStatePark.com many, many years ago.

In the present case, the alleged Trademark has been in use by me for more than ten years and only now — a full ten years on — do you come forward.

Failure To Police

Part of the responsibility of having a Trademark is protecting it. I have had the website using the name BORDERFIELDSTATEPARK.COM for over ten years. To launch the C&D Order at me only after ten full years of the site being fully active shows that State Parks abandoned that trademark years ago and were obviously not diligent in any way and that lack of diligence is called FAILURE TO POLICE.

CyberSquatting — Possible Monetary Rewards

Any advertising on the site is there only because Google at one time seemed to favor websites with their ads in their search results. The total “revenue” generated by all of those ads in all of the years that they have been on the site — in total — probably exceeds one dollar but is certainly less than ten dollars. This certainly does not represent any attempt to “profit” from that website.

Site Traffic

Another indication of what is called “Cybersquatting” is luring high volumes of traffic to a site. Total traffic to the site is probably between ten and fifty visits per day. Again, the purpose of the site is to expose the reality of the park for the record and in perpetuity — which you have made abundantly clear by your action against me is something you certainly do not want and do intend to erase from the web as quickly as possible.

Illegal Taking

Creating any website and filling it with content and maintaining the servers costs money and it is an investment. Your Cease and Desist Order to destroy that website now will negate my massive investment in the project.

This represents an illegal taking, as there has been no determination by a court of law that I must forfeit my past, current, and future investments.

Name Not Applicable

California Parks does not use park names for their website domain names. California Parks uses a CA.GOV followed by an index number pointing to a specific park. Thus, the Cease and Desist Order I believe is specious and its true purpose is clouded in some linkage to some unknown-to-me NGO or other group who has suddenly spurred you to action.

Possible Collusion

Further, there are possibly over a hundred California parks and many of those parks have NGOs with internet domain names identical to their California state park names. One would assume that if State Parks Trademarked all of those park names as well, then there must have been some type of backroom deals with all of those NGOs to allow them use those Trademarked names. A Trademark — if it is in force and not abandoned or not policed as is your alleged BorderFieldStatePark Trademark — has some value and “giving” those trademarked names to private parties at no cost is usually illegal and certainly worth a much closer look by the Attorney General of the State of California.

Further, if those other park names were not Trademarked and only Border Field State Park was Trademarked — as you seem to allege — then this is even more evidence of some possible collusion between a government entity and some private party.

Failure to Acknowledge a Trademark

The fact that NGOs operate independent sites that are descriptive of other California State Parks is well known. For a Trademark to be protected then it is standard practice for each reference to that service mark to have either the letters or the symbol for “TM” or “SM” proximal to each usage in the text or on the page and certainly with the reference to the actual owner of that Trademark also on the page.

None of the California State Park names on any of those sites that I have examined show the mandatory acknowledgement of the ownership of the Trademark. Thus, all those sites are in violation and you may well have lost the value of each and every one of those other Trademarks — depending upon the length of time those sites have been operating.

If this present matter it is adjudicated you risk the loss of all of those other Trademarks because I will use this corroborating evidence in court.

Fraud

With my website being singled out, one can't help but wonder if State Parks are concerned that the information on the site might limit donations to some NGO operating on park grounds because the reality of the place certainly does not match any of the information shown in their glossy brochures (such brochures — if used to derive funding — I believe are in common parlance called an instrument used to defraud including in the acts of mail and wire fraud).

I should be commended for mitigating this potentially criminal act in that donations may arrive from people who have never actually visited the place and the NGO is counting on them basing their financial contributions on what has been told and shown them in those brochures that only an extremely charitable person would even describe as “imaginative.” With my site operating, the NGO can at least later point to my Internet site as evidence of a less fantastical representation of the place — information that was always available as a resource to their donors (and possibly thus saving them from criminal prosecution).

Acting as an Agent for an NGO

The C&D Order admits to its being sent on behalf of persons who have “complained.” If the state is acting as an agent for an NGO in now attempting to take action against me then this could well be illegal — using taxpayer funds on behalf of a private entity. The state may not act as an agent for a private party and sometimes when such activity is exposed people get indicted. Further, any attempt to hide such a reality or to erase evidence in the pursuance of such effort is usually regarded as more criminal than the initial crime.

Purposeful Differentiation

The website in question was purposely created to look as if it had been created by toothless trailer trash on a 20 year old Apple Macintosh computer and to make it obvious to all but the truly paranoid and neurotic that it could not possibly be an official state-run website. Further, a quick survey of NGO sites describing other California parks makes this abundantly clear when sites are compared.

Denigrating the Reputation of State Parks

State park's actions in this matter are suspicious on their face thanks to the constant flood of information regarding illegal activities within the State Park structure and including but not limited to the secret hoarding of over 50 million of dollars of California taxpayer moneys. The resignation of Parks Director Ruth Coleman and the firing of her number two Michael Harris are just the tip of the iceberg. The secret “vacation buyout” efforts within State Parks — hard cash changing hands — certainly indicate a tendency towards malfeasance.

The constant churning through evidence of State Parks’ potentially illegal activities by three state investigative agencies is unsettling. Further, the exposure of State Park's efforts to reduce various acts of their employees from criminal to civil actions by purposely withholding the most damaging interrogation transcripts from these other agencies adds to my concerns about the honesty of the entire department in general. I believe your action against me further denigrates the reputation of State Parks.

Anticipatory Obstruction of Justice

This sudden issuance of a Cease and Desist Order at this extremely late date (many years too late) I believe — with the many other California entities and representatives now under criminal investigation— that someone at State Parks might well have learned of some federal investigation into State Parks activities or an NGO's operations in the PARK that may be planned or that are now extant.

I believe that such an attempt now — with a possible federal investigation or ongoing federal investigation somehow now known to you — to destroy this website which is the singular unified and public documentation showing the reality of the PARK is what is called Anticipatory Obstruction of Justice.

One only has to wait for those federal endeavors to come to the fore and federal authorities to then attach your actions against me now to those later activities to demonstrate this specific federal crime. The federal penalty for this crime can be greater that than even in a RICO conviction.

I cannot stress this enough. The PARK is an evil place and so full of violence, treachery and wickedness that federal agencies look upon nearly any and all activities there to be somehow of a criminal nature and thus as with the saying “To a hammer everything looks like a nail” the federal solution to most problems along the border from Interstate 5 to the Pacific Ocean is a criminal prosecution.

Again, you are not dealing with activities in Old Town and some woman’s restaurant that turned into a Cause Celeb for so many years. Certainly, that catastrophe helped in its own small way get Governor Gray Davis impeached. The State Parks’ selection of Delaware North Companies was quickly proved to be an utter catastrophe and Delaware North agreed and literally “ran for the doors” and dumped that project pronto.

Border Field State Park is a melanoma on the ass of America and the billions of criminal dollars and abject violence surrounding it makes federal examination of anything going on there almost a dead certainty and a target for extremely vigorous criminal prosecution using all federal resources and laws at hand.

I have attached two exemplars of possibly a dozen recent and ongoing federal activities involving California state agencies and representatives. Please see Exhibits #20 and #21. I am aware of and can provide dozens more but limited my examples for sake of brevity.

I certainly do not believe you personally are doing anything more than what you have been told to do by issuing that Cease and Desist Order. Even so, I am not aware of any “I was just doing what I was told” defense ever panning out especially as the case against me is so totally without merit.

Foreign Inspiration and Influence In the Use of a Trademark

I truly believe that your “many years too late Cease and Desist Order” was in fact inspired and prompted directly or indirectly by the actions of the criminal entity that is Tijuana, Mexico. That is the only government entity I know of on this entire planet that has actually trademarked their name specifically and admittedly to quash any effort to expose that cesspool of abject violence and barbarity to public scrutiny.

To use Tijuana as your model and as your call to action says far more than you might imagine. Please see Exhibit #5.

First Amendment Rights

The destruction of this site is a violation of the First Amendment to the United States Constitution. The site is the only one place on the Internet where one can access gathered and collated information on the actual conditions in the PARK. There is a no more blatant attempt to restrict the rights of free speech regarding the PARK in its entire history than your C&D Order.

Tijuana

That Romantic Village immediately to the South of the PARK — with its name “Tijuana” trademarked to quash any expose of that place as I have done of the PARK for over ten years has certainly failed in its efforts. I have attached certain exhibits showing the reality of Tijuana. I must warn the reader about the reality of Tijuana and the PARK and the very disturbing content of some of the Exhibits attached herein.

The PARK borders upon what is probably the second most violent city in Mexico where bodies hang from freeway overpasses and human heads are laid out like flower pots. Bodies scatter the streets looking like pin cushions. Please see Exhibits #6, #7 and #8.

The attached exhibits accurately represent the “why” of Tijuana’s efforts to quash derogatory information about them by trademarking their name. All of that savagery is going on less than ten yards from the PARK.

The people who perpetrate such acts do not stop their activities because of a few strands of border fencing. Those people are active in influencing people north of the border through violence and illicit funding.

Border Field State Park — Suppression of Evidence

To use the registry of a Trademark as a weapon to suppress overwhelming evidence of the reality of one of your parks is unprecedented. My site is the singular resource exposing the myriad levels of criminal activity in the park and its surrounding areas. As such it takes on a vital role. In intelligence, more than 95% of the information can actually be found in the public domain. It is the collection and collation of that information into a single resource that makes it so valuable. Thus, I understand how this vital resource that might be used to expose the reality of the PARK must be suppressed. Certainly the site is not a paean to the park’s ethereal future as seen in extant PARK or NGO presentations and brochures.

Gateway for Sex Trafficking

The PARK enables the movement of sex slaves from Tijuana, North though San Diego and to Los Angeles. Please see Exhibit #10.

Gateway for Violent Illegal Aliens

The PARK enables the movement of illegals — including and especially MS-13 gang members who because of their tattoos do not blend well with simple peasants looking for a free ride to life in America's welfare state. Many of these illegals are what are called “1326’ers” which means they are illegal aliens returning to the US after having at least once been removed / deported (and usually removed / deported after serving prison time) under U.S. Code 1326.. These are exceedingly dangerous people facing ten years in federal prison when now apprehended on U.S. soil. Please see Exhibit #11.

Environmental Protests Unknowingly Aiding and Abetting Criminality

The PARK — and many of its groups of supporters — were and are used as a focus and weapon in an effort to stop the construction of any defensive barriers along the US / Mexico border on “environmental” grounds. The Mexican government and the smuggling cartels all want the PARK to remain an unencumbered open “Plaza” or “Freeway” northwards and there is every reason to believe that classified US federal intelligence information describes illegal funding to various US groups — many of whom were simply “useful idiots” — and to US city and California state representatives and I am truly amazed that you are willing to contemplate opening up that can of worms with your actions against me. Please see Exhibit#13.

Most Toxic “Park” in United States

The PARK is sporadically flooded with more than 25 million gallons of raw Mexican sewage that contains every fluid and solid excreted by a human body and that carry incredibly contagious diseases not seen in this country for 100 years. The only good news is that some of these fluids are industrial waste can dissolve the soles of your shoes and have in the past spontaneously caught fire. The good news is that the toxicity of these industrial fluids can kill biological contaminants and thus reduce the viability of many of those biologically contagious fluids. Lastly, nearly all of those fluids seep into the earth and become a bio-hazard worthy of level A or B HAZMAT suits and yet thanks to California Proposition 65, the state is not required to warn anyone of the extreme danger in digging into the park's beige earth. Please see Exhibits #15, #16, #17.

The Rains Come

Further, the PARK is the recipient of the fluids collected as rain from the entire watershed that flows from San Diego County in the United States and through Tijuana and everything from feral cats to dead dogs to aborted fetuses to dead children to full sized human bodies have sporadically scattered themselves amongst the PARK's flora after a rainstorm. Certainly, seeing a fermenting human torso stuck in a tree is somewhat unsettling especially when normal body bags — even doubled — are not sufficient to protect the recovery workers and BIOSEAL brand body bags should be used. Please see Exhibits #18, #19.

Park Violence Abated By 1,000 Federal Agents

The PARK is the only one in the nation (possibly the world) that has its own 1,000-man federal police force ensconced in a huge nearby gated fortress where armored cars are the norm and assault rifles and submachine guns must be — and are — literally at the ready. The only thing that keeps the criminal activity levels as low as they are in the PARK is the massive Imperial Beach Station of the United States Border Patrol which overlooks the PARK.

Further, gun violence is so frequent and dangerous that the United States Border Patrol will often place an unoccupied armored car between their duty vehicle and the border fence to mitigate sniper attacks. Yes, this is exactly what they have to do while operating within the PARK. Those thousand well-armed troops are all that stand between the utter savagery of Tijuana — and the Mexican Cartels in general — and the people of the United States of America. Their battlefield is Border Field State Park. Please see Exhibit #25.

Actual Visitor Count Inside the PARK

On any given day by far the majority of all PARK “visitors” are in fact United States Border Patrol Agents acting in the line of duty. They usually outnumber PARK civilian visitors by two or three to one. The second largest population of PARK visitors would be the drug smugglers, sex traffickers, convicted felons re-entering the United States and less dangerous illegal aliens.

It is quite easy to verify the approximate traffic volume in the park. Simply go to Google Earth and look. What you will see is a tiny cluster of parked cars at that very Northwestern corner parking lot (maybe ten cars) and nearly all the other vehicles and people in the rest of the entire park all the way to the ocean are white United States Border Patrol vehicles. It is devoid of anyone else.

CONCLUSION

Abandonment of Trademark

Your failure to act as required by law in any even loosely described “timely manner” has cost you that Trademark. You failed to police the use of that Trademark for ten years. I have at all times acted in good faith and with great diligence during those ten years. Should this matter come to adjudication your position is dire and could set a precedent of monumental impact on other State Parks.

Risk of Other State Park Trademarks

Failure to protect the alleged Trademarks of the other parks through improper notice of Trademark ownership and / or that you have failed to police their use — risks your loss of all them.

This is not Old Town State Park

I have tried to make it abundantly clear that Border Field State Park is not a normal place and have provided you with that information in detail herein for the record and that I can swear to under oath. Millions of gallons of raw sewage, dead bodies, bullets flying overhead, Mexican Cartels, sex traffickers and sex slaves, MS-13 members. This matter is not the same as litigation against Diane Powers and her Bazaar Del Mundo (which proved to be an utter catastrophe for State Parks of state-wide proportions and helped bring down a state governor).

The Streisand Effect

Trying to suppress information can backfire. Efforts to censor, intimidate and silence can very often cause unintended consequences. Instead of suppressing the information the effort becomes a vast source of ridicule and humor denigrating the attacker for many, many years to come. Please see Exhibits #30, #31.

Prior Matters

I have unfortunately been indirectly involved with State Parks in the past and it took years for you to resolve the matter and it was not only time consuming but expensive for parks and the outcome was quite unfavorable to you. I have also brought the attention of the press to activities in the PARK and its surrounds and the coverage was — again — quite unfavorable to you. In every single action I have taken concerning State Parks I have been extremely diligent and have been proved in the right each time.

SLAPP Lawsuit

Your threat of legal action in this matter — with the information above well-considered — is I believe a threat of a SLAPP LAWSUIT and I believe it is intended to censor, intimidate, and silence any and all critics of the state of California's actions, State Park's actions, certain NGO’s actions, facts about certain foreign cities and warnings of the actual potential of violence within the PARK, the physical condition and health dangers of the PARK and any and all activities known and unknown to me regarding the PARK.

Under California Code of Civil Proceedings 425.16 such a legal proceeding will be met with a quick reaction from the court and the court will most certainly “strike” the complaint.

To Resolve This Matter

To resolve this matter I will remove any and all “advertising” from the PARK site. I will also add a warning statement at the top and at the bottom of each web page stating that:

“This site is maintained by former intelligence officers of agencies of the United States Government or their former contractors or others and is not an official site of the State of California or any California state department or any NGO serving Border Field State Park and is maintained solely to alert the public as to the nature of the park, its visitors and its neighbors.”

These actions will end this matter in perpetuity.

Timely Response

I have carefully considered your correspondence and your allegations and my rights under the law. I certainly take your threat of legal action very seriously.

Sincerely,

BorderFieldStatePark.com

EXHIBITS