Sunday, September 18, 2011

WIPO Domain Name Decision: D2010-0034

THIS IS PART 2 of a letter sent to WIPO by Carolyn Baker in July of 2010

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.

  1. 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 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 (  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)

  1. 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 entrĂ©e 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 <> and <> was changed from Complainant’s name to Carolyn B. Baker 
& Associates. In October 2009, the registrar for the domain name 
<> was changed from Network Solutions to, 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 <> is used for the Foundation’s former website. (Complainant has since registered and begun using a different domain name, <>). The domain name <> 
is being used for a pay-per-click website posted by the registrar, and the domain name <> 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.

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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