Fleet Sheets

The person filing this complaint is a former business associate who
assisted me in starting the original company "***" in 2009
for a product I created in 2008. After I did not renew this persons
contract as "general manager" (that ended December 31st, 2013) of "***" due to differences in the company vision and direction, I
moved on with a new company called "Fleet Sheets" in 2014. Soon after
starting "Fleet Sheets" (Thirteen Sheets LLC) I learned this person registered the domain name
"***.com" in December of 2013 before his original contract even
ended. The fact this person registered the domain name "***.com"
in 2013 is evidence that his intention was to directly compete with my new
business. It is also evidence his intention was to
sell the same products and make the market "confusing to the customer."The
allegation by this person that my company is "infringing" on their mark
is a frivolous claim and any alleged intellectual property dispute
should be litigated in court. The term "Rack Sheets" is a common term
used by Military and Civilian Sailors to refer to the beds onboard
maritime ships. The term "Rack Sheets" is not a unique enough term to
even be granted a trademark by the USPTO. I believe this person knows
that a trademark application for the term "Rack Sheets" would be rejected by the USPTO, which is why his registered trademark is for
"***" (one word). Even if the term "Rack Sheets" would be a granted trademark by the USPTO, this person was not the "First to Use" this
term. "First to Use" is very important criteria to have a trademark
approved by the USPTO. This person has no military or maritime
affiliation and was only made aware of the term "Rack Sheets" when I
informed him of its meaning circa 2009 when the original business "Navy
Fleet Sheets" started business commerce. All of our customer reviews are
from genuine and verified customers. Proof of this can be submitted to the
proper authority if there is any dispute of this fact. After reviewing
this persons website for their customer reviews, I could not find one single review. The fact this persons website, ***.com, does not have any
customer reviews at all calls into question this persons business
practices and reputability. This complaint is inappropriate, illegitimate, and defamatory by a resentful ex-business partner. ***Update: This person has now acquired the domain name *** and is using it to make defamatory and untrue claims about my business as well as promoting his own business. This is a clear violation of my trademark "Fleet Sheets", registration number "U.S. Reg. No.***." This not only constitutes trademark infringement and unfair competition under both state and federal law, including theLanham Act, (15 U.S.C. §§1051-1127), it also violates the Anti-cybersquatting Consumer Protection Act of 1999 (15 U.S.C. §1125(d)).

Publically stating, in writing, that my business engaging in
illegal behavior or activities without proving your case in court is defamation
and libel and it will not be tolerated.“What is defamation? Defamation
is a false statement presented as a fact that causes injury or damage to the
character of the person it is about. An example is “Tom Smith stole money from
his employer.” If this is untrue and if making the statement damages Tom’s
reputation or ability to work, it is defamation. The person whose reputation
has been damaged by the false statement can bring a defamation lawsuit.https://www.legalzoom.com/articles/differences-between-defamation-slander-and-libelFACT #1: “First, here’s what you want to avoid: descriptive or generic names
for your products. If you think about it, there’s no way for those types of
names to be unique – they’re the first qualities or associations that most people
would have if they were selling a similar product. Examples of names that fall
into this category are anything that probably seems obvious to you – things
like “Salty Pretzels,” or “Canvas Shoes.”” https://www.gerbenlaw.com/blog/5-steps-to-trademark-a-product-name/FACT #2: “To support a trademark infringement claim in court, a plaintiff
must prove that it owns a valid mark, that it has priority (its rights in the mark(s)
are "senior" to the defendant's), and that the defendant's mark is
likely to cause confusion in the minds of consumers about the source or
sponsorship of the goods or services offered under the parties' marks. When a
plaintiff owns a federal trademark registration on the Principal Register,
there is a legal presumption of the validity and ownership of the mark as well
as of the exclusive right to use the mark nationwide on or in connection with
the goods or services listed in the registration. These presumptions may be
rebutted in the court proceedings.https://www.uspto.gov/page/about-trademark-infringementFACT #3: “If the trademark owner is able to prove infringement,
available remedies may include the following:a court order (injunction) that the
defendant stop using the accused mark;an order requiring the destruction or
forfeiture of infringing articles;monetary relief, including defendant's
profits, any damages sustained by the plaintiff, and the costs of the
action; andan order that the defendant, in certain
cases, pay the plaintiffs' attorneys' fees.”https://www.uspto.gov/page/about-trademark-infringementFACT #4: “Conversely, a court may find instead that (1) you are not
infringing the trademark, (2) a defense bars the plaintiff's claim(s), or (3)
other reasons exist why the trademark owner is not entitled to prevail.”https://www.uspto.gov/page/about-trademark-infringementUntil your trademark infringement claim is
proven in a court of law, it is highly recommended that you and your business
remove any public allegations that I, or my business, are engaging in illegal
behavior.

Customer ordered multiple products on January 20th, 2020. 1 of 2 items shipped immediately and delivery confirmation shows customer received first product on January 23rd, 2020. The second item was on back-order and we expected that item to ship within 1-2 weeks of customer's initial order date. That product was not back in stock or shipped until well over a month later. My customer service response times are usually much better but have been poor recently for various reasons that are currently being addressed so this issue does not happen again. I sincerely apologize to the customer for the delay and inconvenience. Delivery confirmation shows customer has received all items that were ordered and a full refund was provided for the item that was severely delayed. We are willing to accommodate any other reasonable request the customer has to attempt to further reconcile the situation.Best regards,

Larry D