Case No. 02010-0034.
The Glorya Kaufman
Dance Foundation and Glorya Kaufman v. Carolyn B. Baker
& Associates and
“Glorya Kaufman Dance Foundation,” formerly
Domains By Proxy, Inc.
I am listing
below the incorrect statements in blue; my statements in black and I have attached
formal documents in support of my
statements.
- Procedural
Complainant provided in its Complaint evidence that it
formerly owned the Domain names
and that Carolyn B. Baker & Associates
moved the Domain Names into its own control.
As an
independent contractor, I hired Orabor to create the Glorya Kaufman
websites…actually
there were two 1st The Glorya Kaufman Foundation,
then when she wanted to do Dance The
Glorya Kaufman Dance Foundation. The websites were registered by
Orabor and on the
credit card of John Schuning from Orabor. I am attaching
an email from Orabor that states
that they are my
subcontractors. When they resigned
from the project they stated to GK
that as subcontractors to me, they were not
willing to continue with the project in any way.
When the website
was finished, John put the registrations in my name (as I was the only person
that they were in contact with their contractor and we had to figure out how to
get them paid the
back end of their contract (by this time J.R. Reed had
resigned as Treasurer of GKDF and Gk
had stopped paying everyone from marketing
to her soil engineers who working to legitimize
her building without permits on
the estate.
As luck would
have it GK called Orabor in September to try to get free changes to the website
(eliminate myself and Ron from the site) so we used that as a way to get
Orabor paid. They told
GK they would make changes after they received payment on their final invoice,
the check
120days past due arrived in 2 days…upon receipt Orabor notified GK
that they did not wish to
continue if I was not involved. Shortly there after George Merlis
whom I had hired to coach GK
for the speeches I wrote for her, aggressively
demanded from Orabor the codes etc. for the
website, (these former friends of
mine from Warner bros are artists and not prepared for aggression
and
hostility) they gave them to George, I switched the codes, GK intimidated the
programmer
into giving her the new codes, I switched the GKDF.net server. She owed/owes me 30k+ in
American
express expenses for events and travel with and for her and the foundation, and
25k
in payments on my contract, $2,500 April invoice for speeches and website
content. $7500 in
Foundation phone
service and foundation mailing address (p.o.box). The letter that I sent
holding the website hostage came from
an online legal page that attempted to help small
businesses recoup their money
from deadbeat clients. (attached are emails and contracts
that substantiate the
claims above)
- Factual background
In 2008, Mrs. Kaufman founded the Glorya Kaufman Dance
Foundation…
I did this on
her behalf however my role has been misrepresented. In 2008 after a botched
attempt
by GK’s accountant Frank Lee and attorney to create another trust
foundation. (which Frank
would have trustee control) which was not what she
wanted … when she sent me the draft I
was horrified…. I said tell them he can
do all these things with your permission ….GK said well
he always asks me etc.
I said well just tell them…Frank went Ballistic!!! Mrs. Kaufman was flying
to Paris and I
told her that with her permission I would have a nonprofit Glorya Kaufman Dance
Foundation created by the time she returned. I hired Foundation Source; I was the contact
(attached signed
affidavit by GK) and secretary of the Foundation. I also instructed with GK’s
permission Foundation Source to
transfer assets of the Glorya Kaufman Charitable Foundation
and close that
trust foundation. (attached my correspondence with FS and govt documents that
bear my name/ notorized authorization by G for me to point person for
foundation setup etc/
portion of old foundation/emails from GK that are clear
re: my position.)
Over the years…..
The Alvin Ailey Dance Foundation
Inner City Arts
The Los Angeles Music Center
The Glorya Kaufman Dance Pavilion at the Alvin Ailey Dance
Foundation
The Glorya Kaufman Dance Academy at the Inner City Arts
center
Glorya Kaufman Presents at the Music Center
All of these
projects were conceived and orchestrated by Carolyn B. Baker. Mrs. Kaufman wanted
to be the
dance philanthropist but had no credentials and no recognition thus I created a
marketing
plan and each of the above recipients worked with me to create a plan
that would benefit their
needs and elevate G K’s profile in the Philanthropic
community giving her entrée into the dance
ambiance. My question to them was how much do you need and what can we
name to promote
Mrs. Kaufman
I would put together a proposal with my contact at each and then take it
to GK.
go through the 6 months of hell that it took to get anything done
(basically because Mrs. Kaufman
has no understanding of how business works as
her exposure to the real world was limited
however she was constantly combative
and one never knew from one day to the next when
she would insist on some destructive
input.
(attached emails and proposal info that substantiate
the above)
One day I drove
down the hill with Mrs. K and said, ‘ I am going to put together a coalition
with
you and Ailey and the City and the Music Center’…her response was, ‘how are
you going to do
that? I laughed
and said ”I don’t know …but I’m going to.” We’re going to have dance and
festivals called Glorya
Kaufman presents I did exactly that. (attached the trail of the
MC from
honoring/ award/speech/etc that substantiates my statements)
Alvin Ailey
(The Glorya Kaufman scholars, the GK Pavilion, GK/Ailey camp Los Angeles) we
were going to NY for an event for Juilliard and at the suggestion of a friend
went to see the Alvin
Ailey dance theater. I saw this as a great opportunity to credential her in
dance. They were in the
midst of a 50million
endowment campaign and I asked how much would it take to make GK the
second
major donor (first is the Weils – Citibank) and what could we name. Inner City Arts –
The Glorya
Kaufman Dance Academy, MarVista Family Center Glory Kaufman Dance Center
was one of the first projects that I got her to fund beginning to give her
recognition in the community
as a benevolent patron and begin her a legacy
building. (Mar Vista She had reneged on a promise
to a City councilmember for
his and the Mayors favorite project which I considered to be Political
suicide
especially since we were trying to clean up her image in Los $300k was the
gift, somehow
the last $100k was deposited in an account that was closed in AIG
stock which when discovered
by the agency had turned into $16k,
suspiciously. However, GK refused
to discuss this with myself
or the executive director of the charity. Her then overall accountant Frank Lee,
whom I understand
remains her personal accountant, did this.)
Music Center
– started with putting together a plan to elevate her profile in Los Angeles
and in
Dance because Dance so needed a Angel. Ailey was coming to Los Angeles
and the gift had
already been made to them. The Los Angeles -Ailey at the Music Center gala is a fund
raising
event for the Music Center – so we came up with honoring her at the
gala. The Music Center
came with the idea of the Tour-de-Force award. So that was set…in the meantime working
with the Music
center I learned that the Dance department was in jeopardy because of the
economic times etc. This hit my mind as a marketing/publicity chance of a
lifetime. No one
including
myself thought that in the middle of a recession she would agree to this. I presented
it to her lying on the
flour of her living room …and she could see it and said yes. WOW….
we (talking
about Jerry Digney who I brought aboard as publicist…whom she hasn’t paid
either)
held a major press conference….I wrote a major speech for her the
awards night, over 300
newspapers and television picked this up as the largest
gift to dance ever!
The naming that I
chose was Glorya Kaufman presents (Thus when any dance
comes to the music center it is
Glorya Kaufman presents the Bolshoi @ the Music
Center GK’s public profile went from low
to high Between November 2007 and
March 2009 due to projects created and executed by
marketing and
publicity. (attached trail of emails/proposals and correspondence that
substantiate
the above)
Publicity eluded to New York Times – add paid for by
Ailey that listed her among the donors.
She has never been in the NYT for anything other than that. ( Part of my branding requests for
Mrs. K's endowment to AAT Proposal attachement verifies)
Bloomberg – re Ailey
(digney pub)Los Angles times and 300 other publications re the Music
Center gift – orchestrated by Jerry Digney
(I brought the
firm then named Solters and Digney a major entertainment industry pr firm to
the project in November of 2007.
Mrs. K has fired Jerry 3 times…with the 2nd being – March,
and the 3rd being July.
By Jerry’s contract he should have been paid through December 2009
but
she stiffed him too in July.) (attached publicity results with pictures of press
conference etc)
Carolyn B. Baker was employed as Executive Director of
the Foundation for a time until
March 2009 Ms. Baker subsequently continued to
work for the Complainant as an outside
contractor via her firm Carolyn B. Baker
& Associates and her work included website
development work and marketing
services. (I was never employed as an Executive Director of
the
Foundation; I lent my considerably nationally well-known professional name as
Executive
Director, so that the Foundation could appear as a real functioning
entity and not a kitchen
personal foundation. Mrs. Kaufman said she wanted a
public image…a legacy. Now she says
after March I was an independent
contractor, which contradicts her posture to everyone else
that my involvement
ended in March of 2009. …(By contract her email in July ...60 days….
payment
through December by automatic 6 month renewable contract) (attached) I have spoken
with the IRS about this
claim, filed and been denied unemployment because there was no
un-tax paid by
GK, California State, and Social Security are all unaware of payments to me
as
an employee of Glorya Kaufman or the Glorya Kaufman foundation. No FICA, SDI,
fed tax withheld, state
tax withheld etc. What Mrs.
Kaufman fails to mention is that I set
up the Glorya Kaufman Dance foundation
was the contact (by signed notarized by GK
–
attached) and served as Secretary until I resigned I believe in June of
2009 (attached documents)
concerned with the
fact that she refused to operate the foundation as a Legitimate 501c3 and
I did
not want my name attached to what will potentially be an IRS problem.
I was always
paid as an outside contractor.
The state of California and the IRS have no records
of any withholdings,
FICA, unemployment etc. Because it
never happened. (I have attached a
copy of my initial 6 month independent
contractor contract signed by Glorya Kaufman and my
long term contract through
2009) I was always paid by invoice to J. Ronald Reed who paid me
and all
of the billings related to her marketing and development etc so that she could
charge them
to her credit card and receive mileage…after executing a successful
November event at Mrs.
Kaufman’s estate, I was given a new contract and a fee
raise in December of 2007.
That contract
was in automatic renewal and a 60-day notice. Mrs. Kaufman has to many
people claimed that
she let me go in March. I have attached an email by a person who had no authority
and then by
Mrs. Kaufman, I was secretary of the Foundation and therefore
couldn’tfd be fired in that manner)
by email first from a friend’s husband, and
then the friend (she called her daughter –not) later Mrs.
Kaufman sent me an
email. It was clear that Mrs. Kaufman and her uninformed advisors had no
knowledge of the fact that a: I
only held the title of Executive Director in order to give the
Foundation
credibility….and since I was an independent contractor I could NOT be paid by
the
Foundation as an Executive Director, b: That a corporate secretary has to be voted out or resign
as
I later did due to the continued improprieties due to ignorance or malice that
were in opposition
to my ethics as a professional. I knew she was under a lot
of stress and just not herself…so I
ignored her emails and as you can see she
swore to in her statement to WIPO I continued as
an independent the only
revision would be my Always
contracted as an independent from
September of 2007 to what should have been
December 2009 if contracts and truth meant anything
to Mrs. Kaufman and her
current advisors. I have included some emails that show I worked on until
she
sent her July termination which would mean that I was due to be paid through December
of 2009
, however I was not…..Including apx 30k+ in expenses never reimbursed
for overhead and
subscriptions and travel for and with Mrs. Kaufman.
In Fall 2009, the Domain Names were removed from
Complainant’s control. Specifically, in
November 2009, the registrant of the
domain names <gloryakaufmandancefoundation.com> and
<gloryakaufmandancefoundation.net> was changed from Complainant’s name to
Carolyn B. Baker
& Associates. In October 2009, the registrar for the
domain name
<gloryakaufmandancefoundation.org> was changed from Network
Solutions to
GoDaddy.com, and the contact information was changed to
Respondent’s contact information.
Orabor the
company that put together the website were subcontractors to me. Ron Reed
t
reasurer of the foundation paid all bills s hat they could go on Mrs. K’s
credit card for mileage,
except the closing invoice (Ron was no longer
functioning as treasurer of the foundation as he
had been subject to Mrs
Kaufman’s unintelligent refusal to pay vendors (she is famous for this)
Orabor
worked solely with me for design approval and content/ which I wrote and
provided and
was paid for by separate invoice from my monthly marketing
contract fee. I have attached an
email from an owner of Orabor, stating that they were my sub-contractor and
their refusal to work
with GK without my involvement. I have also included emails that show how like most of the
vendors to the foundation and estate designers/soil
engineers/marketing/publicity/etc.
Mrs.
Kaufman refused to pay Orabor their final invoice until she wanted
an additional webpage
(one that would not include
Ron or myself –attached)I instructed
them to say “of course, however
the final invoice needs to be paid. “ It was
sent within 2 days. After which
Orabor informed
GK that as a subcontractor to me they were not willing to work
if I was not involved (attached)
this was in
September.
The domain
names were in John of Orabors name until july/August when Orabor had finished
and they turned the domain names over to me their contractor. They never talked
to Mrs
Kaufman until September when she called to request changes…we got Orabor
paid…Orabor
resigned the project then…GK had George Merlis her speech trainer
who I had hired to work
with her.
Send a threatening email to Orabor demanding the codes…they sent
them…. I changed
the codes. Gk called the programmer and got the
codes and changed them again. (The orabor
company are /were my friends Warner
Records, they are artists and not equipped to deal
with ruthless aggressive) I then redirected the website.
The domain name <gloryakaufmandancefoundation.org> is
used for the Foundation’s former website. (Complainant has since registered and
begun using a different domain name, <thegloryakaufmanfoundation.org>).
The domain name <gloryakaufmandancefoundation.com>
is being used for a
pay-per-click website posted by the registrar, and the domain name
<gloryakaufmandancefoundation.net> is being used for an “under
construction” website.
The Glorya Kaufman Foundation. Org is filled with
misinformation and the unlawful use of
Logo’s and copywriter protected pictures. The organizations
are afraid to say anything to her for fear that she will stop paying her
pledges like she has done with UCLA (2million). Obviously contracts and pledges
mean nothing to her. (This is none of my business except these charities are my
contacts, which I brought to Mrs. K so I feel responsible for their
frustration.)
5.
Parties’ Contentions
A. Complainant
Complainant claims that Respondent does not have any right
or legitimate interest under the UDRP,
and that Respondent’s unauthorized
registration and use of the Domain Names constitutes bad faith.
The
authorization was not unlawful since I contracted the website, and since when
is attempting to
collect money owed to you BAD FAITH. Bad Faith is not paying for services because someone
thinks
they are entitled to pay or not pay for services rendered based on a whim or
even worse to
denigrate people who have done exceptional work for them which
would include the architect of
her renowned estate grounds. …That is Bad Faith.
6.
Discussion and Findings
A. Identical or Confusingly Similar
I agree.
B. Rights or Legitimate Interests
The record shows that Complainant owned the Domain Names,
and that Respondent was an
employee of, then contractor for, Complainant.
Respondent became the registrant of the Domain
Names without Complainant’s
permission or authorization. Respondent’s registration or acquisition
of the
Domain Names as a former employee or contractor of Complainant does not
demonstrate any
right to or legitimate interest in the Domain Names. In cases
involving the registration of domain
names by employees, many UDRP panels have
held that former employees do not have a right to
or legitimate interest in
domain names incorporating the marks of their former employers. See, e.g.,
Ruby’s
Diner, Inc. v. Joseph W. Popow, WIPO Case No. D2001-0868 (“An employee or former
employee is not a licensee, and
thus has no authorization to use a company’s trademark or a
confusingly similar
variation thereof without permission. The Policy contains no exception
providing a special right to use a trademark belonging to one’s employer or former
employer in a
domain name. Consistent with such an interpretation, previous
decisions have decisively refused
to recognize such a right or interest.”); Savino
Del Bene Inc. v. Graziano Innocenti Gennari,
WIPO Case No. D2000-1133 (“…this Panel finds that, as a rule, former employees do
not have
a legitimate right or interest in registering in their own name their
former employer’s trademark
as a domain name.”).
I contracted the website. I am not now nor have I ever been an employee of Glorya
Kaufman,
the Glorya Kaufman Foundation or the Glorya Kaufman Dance Foundation
501c3 a foundation
which I was by Mrs. Kaufman's signed/notarized document
authorized to set up and supervise all
necessary documentation etc. with
Foundation Source. Also that
Respondent was never paid as
Executive Director of the Foundation, however she
was the Secretary of the Foundation.
Documents attached.
The rest of this section, the demand which was no more
threatening than what a vendor would write
to any deadbeat client. As a matter of fact I took the wording
from a letter on a website designated
to helping vendors get their money from
deadbeat clients short of taking them to court. Actually
GK and/or the Foundation owe me 60k which
includes documented expenses on my American
Express card that covers events and
travel with and directly related to GK.
I don’t care about the website at all I consider my letter
to be simply a strong attempt at collection
of debts owed to me
contractually!!!!
C. Registered and Used in Bad Faith
The
authorization was not unlawful since I contracted the website, and since when
does holding an asset in an attempt to collect money owed to you BAD
FAITH. Bad Faith is not paying for
services because you think you entitled and that rules and laws don’t apply to
you.
Bad Faith is
obtaining a ruling on a foundation of pure fabrication. Bad Faith is not paying
people
what you owe them … bad faith is denigrating someone’s expertise and
their achievements.
Bad faith is
Lying or is that Bad Character…whatever…..Bad Faith is being a dogmatist and
pretending to be a humanitarian.
THE RULING ON THE WEBSITE WAS FROM A
CASE THAT CONCERNED AN
EMPLOYEE OF A COMPANY SO IT IS FAULTY IN ITS
CONCEPTION AS I WAS NOT
NOW NOR HAVE I EVER BEEN AN EMPLOYEE OF GLORYA KAUFMAN
OR THE
GLORYA KAUFMAN DANCE FOUNDATION.
----------------------
That's enough of these details, I have contracts, signed and numerous documents, letters sent
by Mrs. K to my contacts, sworn statements from officials about disparaging comments by her and her
business manager Harvey Bookstein (Harvey made negative statements to long time collegues of
mine and others who in a defamation suit will be subpoenaed.
Some Things are Just Not Right and they deserve to be brought to light.
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