News Media Corp. sends Access Publishing ‘cease and desist’ letter and threatens lawsuit
News Media Corp.’s President John Tompkins first threatens ‘war,’ now threatens lawsuit against competition
After threatening “war” in a voicemail, News Media Corp. President John Tompkins followed through this week with a “cease and desist” letter to Scott Brennan, owner of Access Publishing and the Paso Robles Daily News. “When he left that message last month I did not publish it immediately because I wasn’t sure if he really meant it,” Brennan says. “When he had lawyers contact me Wednesday, I knew he was serious and decided to make the public aware of it.”
Letter threatening lawsuit from News Media Corp. Click it to read the full letter.
The letter accuses Access Publishing of trademark infringement for using the name “Atascadero Daily News.” It is too similar to News Media Corp.’s “Atascadero News,” the letter says.
Brennan launched the Atascadero Daily News online news site about two months ago after the success of his Paso Robles Daily News that he launched in 2012. “People in Atascadero kept asking us to start a newspaper that would be timely news, delivered by email and online, so we did,” he says. “After we launched the site, we received a tremendous outpouring of support from the Atascadero community,” he says.
The letter threatens a lawsuit and reads: “Atascadero News is a long-established, well-known, and respected part of the Atascatdero (sic) community, and has enjoyed significant goodwill and other benefits, both tangible and intangible, resulting from its presence in and relationship with the community.
“It has come to our attention that you have been publicly using the terms ‘Atascadero Daily News’ and ‘Atascadero News’ (for example, in the Twitter account @atascaderonews) in connection with the business activities of Access Publishing. Because the ‘Atascadero News’ mark is uniquely associated with Atascadero News, and is thus widely understood within the community as referring to, and only to, Atascadero News, and not to any other news service or other entity, your use of the terms ‘Atascadero Daily News’ and ‘Atascadero News’ creates a likelihood of confusion with our client as to the source, sponsorship, affiliation, and creation of news, advertising, subject matter, and other content. This conduct thus constitutes trademark infringement at least under the laws of the State of California and is actively harming the brand, reputation, standing in the community, and financial interests of Atascadero News and News Media Corporation.
“We request your written confirmation by 5:00 PM PT on Monday July 27, 2015, that you will cease and desist from any further use of the terms ‘Atascadero Daily News,’ ‘Atascadero News,’ ‘@atascaderonews,’ or any similar term, name, or phrase that would be confusingly similar to the ‘Atascadero News’ mark. If we do not receive such confirmation, we will have no choice but to seek injunctive relief.”
The letter was sent by attorney Brandon Stroy at the San Francisco office of Maynard Cooper Gale. It arrived via email and in a FedEx package delivered Thursday. The letter claims to be a “confidential communication,” however Access Publishing made no such agreement of confidentiality, Brennan says.
“This letter is part of an ongoing threat against my family business and livelihood,” Brennan says. “Mr. Tompkins was once a hero of mine. I worked for him from 1995 to 2006. I learned a lot at his company. I appreciated the opportunity he gave me and also made him millions of dollars. I really looked up to him and spoke highly of him. That’s why I was so shocked and disgusted to get a voicemail from him threatening me and I am sickened by what I view as anti-competitive behavior,” Brennan says.
John Tompkins, as featured in a video on thoughts-about-god.com
“We chose to use the name ‘Atascadero Daily News’ because it describes in very simple terms what we are doing,” Brennan says. “We used a Twitter handle @atascaderonews, because it was available and because @atascaderodailynews exceeded the number of letters you can use in a Twitter handle. We did, however, change it to @atowndailynews.
“We operate Atascadero Daily News as a free website, while Atascadero News is available on a subscription basis, either in traditional newspaper format or in an ‘E-Edition’ version. In the time we have operated Atascadero Daily News, we have received no indication that anyone in the community is confused by the name we have used for our publication,” Brennan says.
“I am not a lawyer and I cannot afford a big-city lawyer specializing in trademark law like theirs,” Brennan says. “We are just hardworking people trying to make a living in North County. I’m not sure how we will respond to this lawsuit threat right now, but I am not going to put one dollar in to a legal fight against a multi-millionaire. That would be silly.”
The Paso Robles Daily News requested comment for this story from John Tompkins, who lives near corporate headquarters in Illinois, through News Media Corp.’s attorney, but received no comment.
News Media Corp., Inc. publishes community newspapers for readers and advertisers in the United States. According to Bloomberg, the company was founded in 1975. Its president is John C. Tompkins. It is headquartered in Rochelle, Illinois with locations in California, Oregon, South Dakota, Colorado, Illinois, West Virginia, Wyoming, and Nebraska. It has press operations in Arizona, California, Oregon, South Dakota, Colorado, Illinois, West Virginia, and Wyoming.
Access Publishing provides marketing opportunities for local businesses. It has 11 employees. The company offers online marketing, internet advertising, web design, search engine optimization, article writing and graphic design. It creates magazines, guides and directories in San Luis Obispo County, including the Paso Robles Daily News, Atascadero Daily News, San Luis Obispo County Visitors Guide, North County Access phone book, Cambria Phone Book, Heritage Ranch Directory and Oak Shores Directory.
See related story:
Corporate owner of Paso Robles Press threatens ‘war’ on this newspaper
Just change your name to "Daily News, Atascadero!" This is so stupid, reminds me of the "Kilt" having to rename.
My business (Reminisce) does quite a bit of business with Paso Press and I intend to pull it because of this! Support local business!
Yes, just like the Kilt having to change names, sounds like you will have to do the same. Maybe you could consolidate the Atascadero and Paso news and call it something like North County Daily News. Keep up the great work, I enjoy reading your email everyday!
I will absolutely not purchase another copy of the Atascadero News! We will support locals whenever possible.
It would not realy hurt to change the name, but out of principle I would hold my ground until you cost them tha largest amount of legal fees, then just stop and change by combining the to names and keep but don't use the twiter account. Your injury would be minimal and you will cost them thousands of dollars in legal fees. Just like every person in the public eye knows, good or bad any press helps ad to your customer base. I feel that you are in the right to use a common name, you can't be told the word Atascadero is theirs… Keep all your WEB access points but don't use them, just redirect them to a new site. Don't release any URLs without being payed high dollars for them. the internet is a open world wide market, not the domain of any us court.
I really like your daily and don't want to see any change in content, or advertising, I would not care if it was called the Atascadero Blog, etc. Good luck and use the chance to grow your custome base.
Brennnan just change the name, here are a few suggestions. After Atascadero Daily and Paso Robles Daily just ad any of these: Reporter, Bulletin, Newsbreak, Messenger.
Keep up the good work.
I support you Scott Brennan and your companies and your local family.
It is a very similar name. Changing it would probably go a long way to civility with your "hero". The phone call was childish and reactive, but no more than your lambasting him in your news. UPside: free press for both of you
Congratulations Scott! He said you're doing a great job! Did he trademark "atascadero daily news"? How do these guys do it?http://www.shortlist.com/entertainment/films/most-blatant-movie-rip-offs
Having gone through trademark legal issues myself I suggest you rename it to … Atascadero Press!
Scott Brennan …. you are our LOCAL HERO! This out of the area guy is just a plain old jerk wanting to throw his weight around. So sad that there are people like that out there …. He probably has never even been to Atascadero! We will continue to support you and love how you immediately keep us all updated on local happenings and allow us to update our facebook and web friends via your news media!!! Such a great approach to a small community. A town news would be great!
From working with Mr. Tomkins I could have told you what he is like. THey are just greedy and have little or no interest in what happens in our communities. He holds back the news just to satisfy ad cleints. Even I was fired as editor of Atascadero News when I wanted to post a local well-known after his DUI arrest and was stopped. Paso Press and the Atascadero News are just not the papers they once were. They simply do not represent what the people are looking for in a newspaper.
Change the name to F U Daily Tompkins News.
For years now I've noticed that the Atas News and Daily Press were sorely lacking. I often wondered why they kept the websites. I truly believe their time is over. Time for someone who cares about the local happenings. I'm thrilled that the two papers are here. Mr. "Threats" needs to get over himself. Hes offered NOTHING for too long.
Just change your name to "Daily News, Atascadero!" This is so stupid, reminds me of the "Kilt" having to rename.
My business (Reminisce) does quite a bit of business with Paso Press and I intend to pull it because of this! Support local business!
Yes, just like the Kilt having to change names, sounds like you will have to do the same. Maybe you could consolidate the Atascadero and Paso news and call it something like North County Daily News. Keep up the great work, I enjoy reading your email everyday!
I will absolutely not purchase another copy of the Atascadero News! We will support locals whenever possible.
It would not realy hurt to change the name, but out of principle I would hold my ground until you cost them tha largest amount of legal fees, then just stop and change by combining the to names and keep but don't use the twiter account. Your injury would be minimal and you will cost them thousands of dollars in legal fees. Just like every person in the public eye knows, good or bad any press helps ad to your customer base. I feel that you are in the right to use a common name, you can't be told the word Atascadero is theirs… Keep all your WEB access points but don't use them, just redirect them to a new site. Don't release any URLs without being payed high dollars for them. the internet is a open world wide market, not the domain of any us court.
I really like your daily and don't want to see any change in content, or advertising, I would not care if it was called the Atascadero Blog, etc. Good luck and use the chance to grow your custome base.
Brennnan just change the name, here are a few suggestions. After Atascadero Daily and Paso Robles Daily just ad any of these: Reporter, Bulletin, Newsbreak, Messenger.
Keep up the good work.
I support you Scott Brennan and your companies and your local family.
It is a very similar name. Changing it would probably go a long way to civility with your "hero". The phone call was childish and reactive, but no more than your lambasting him in your news. UPside: free press for both of you
Congratulations Scott! He said you're doing a great job! Did he trademark "atascadero daily news"? How do these guys do it?http://www.shortlist.com/entertainment/films/most-blatant-movie-rip-offs
Having gone through trademark legal issues myself I suggest you rename it to … Atascadero Press!
Scott Brennan …. you are our LOCAL HERO! This out of the area guy is just a plain old jerk wanting to throw his weight around. So sad that there are people like that out there …. He probably has never even been to Atascadero! We will continue to support you and love how you immediately keep us all updated on local happenings and allow us to update our facebook and web friends via your news media!!! Such a great approach to a small community. A town news would be great!
From working with Mr. Tomkins I could have told you what he is like. THey are just greedy and have little or no interest in what happens in our communities. He holds back the news just to satisfy ad cleints. Even I was fired as editor of Atascadero News when I wanted to post a local well-known after his DUI arrest and was stopped. Paso Press and the Atascadero News are just not the papers they once were. They simply do not represent what the people are looking for in a newspaper.
Change the name to F U Daily Tompkins News.
For years now I've noticed that the Atas News and Daily Press were sorely lacking. I often wondered why they kept the websites. I truly believe their time is over. Time for someone who cares about the local happenings. I'm thrilled that the two papers are here. Mr. "Threats" needs to get over himself. Hes offered NOTHING for too long.