Legion’s Domain Name Dispute Victory Reveals Much

 

Shortly after this blog went online to tell another side of the Chris Nemelka story a domain name dispute complaint was filed against Legion. The original complaint is linked HERE.

Legion’s initial response is linked HERE.  

The attorney retained by Legion was John Berryhill, ESQ., Ph.D.  He wrote the response for Legion.  Introduction:

“This dispute concerns the personal name of a convicted criminal in the State of Utah which is being used as a domain name to provide truthful information about his criminal history, religious charlatanism, and a history of threats, intimidation, and litigation to silence his critics.”

From Page 6:

“In order to suffer damage to one’s reputation, one must of course have a reputation susceptible to such damage. As noted in  the denial of probation decision above, the Complainant has previously been determined to be somewhat of a sociopath whose release in the general population was not recommended by a psychologist.

“It is not with great frequency that a claimant in a UDRP proceeding would tangentially refer to the fact that he has been publicly declared to be “reprehensible” and “troglodytic” as evidence of “goodwill” in a trade or service mark claim, or establishing a reputation susceptible of commercial harm by critics.”

From Page 7:

“The Complainant, a resident of Utah, brought a federal suit claiming diversity jurisdiction against various Utah defendants, and which was summarily dismissed, of course, for lack of proper diversity jurisdiction.”  (In other words, he lost before it ever even proceeded to trial.)

…the Complainant provides no evidence of anything at all – it would appear that the Complainant’s primary field of activity is in being deemed a public menace by various judicial authorities, and in being a vexatious litigant.”

Also in the above link, read Page 11 where Mr. Berryhill sheds light on the fact that what Mr. Nemelka is doing is no laughing matter.

From Page 11:

To be capable of being defamed, one must be in possession of a sufficiently unsullied reputation. Here, we have a person with a documented criminal history in which he was denied probationary release for being a menace to society as determined by a psychological evaluation, and a further judicial decision declaring his non-support of his children by various women to be “reprehensible”.”

“The Respondents, along with at least one psychologist and several judges, are of the firm conviction that the Complainant is indeed a dangerous yet charismatic con artist who has been arrested, convicted, has outstanding judgments against him for non-support, and will continue to victimize others. The Complainant is yet another in a long line of frauds and swindlers who have long been plying their trade in the wake of the alleged discovery of golden plates of divine origin in upstate New York by Joseph Smith. These types of frauds have led to murders, in the case of the “Salamander Letter” forgeries which attracted national attention in the mid-80’s; and convictions of sexual offenses, such as the recent attention gained by the Warren Jeffs FLDS cult operating in southern Utah and Texas. The Complainant’s principal problem is that present day access to the internet causes problems for the aspiring latter day cult leader…”

In response to Legion’s answer Mr. Nemelka filed a supplement to his complaint.

His complaint supplement is HERE. 

Mr. Nemelka included complaint exhibits which are HERE.

Legion responded by also filing a supplemental response and exhibits.

The supplemental response is HERE,

Legion’s Exhibit A is HERE;

Court decision denying probationary release. Domestic violence information, protective order information, a court order for a mental health evaluation, Judge Lindberg’s August 2001 report that Nemelka will be allotted no good time, as previously ordered, while incarcerated.

Exhibit B HERE;  Affadavit from a former cell mate who witnessed some of Nemelka’s depravity.

Exhibit C is HERE;  The article in the City Weekly which includes photos of Chris Nemelka’s monument to himself in a sacred cemetary. Notice the author asks Nemelka why he had Ida Smith assign all her assets to Nemelka’s wife, and note also that Nemelka and wife have since “divorced,” yet she continues to appear like a wife.

Exhibit D is HERE  Nemelka’s Child Support Court Findings

Exhibits E & F are HERE.  Exhibit E is court documentation for a slander/defamation case Nemelka filed against leaders in the church.

In item 15, it is verified that Nemelka was found in a file with others known as “10-96,” individuals.  This document describes the 10-96 file as “a term used by law enforcement and military officials to categorize  ‘deranged individuals.’ ”   In other words, thanks to Nemelka’s attempt at a defamation lawsuit, it is now publicly available information that Chris Nemelka is categorized by officials as being a deranged individual.  Unsurprisingly, Chris Nemelka LOST his defamation case.

Exhibit F includes screen shots of Nemelka’s web site promoting himself as an author, public figure, religious guru.

The final decision is HERE.


Here are some highlights. Right click on the image to view the image larger.


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3 Comments on Legion’s Domain Name Dispute Victory Reveals Much

  1. Ya’ll gotta read this. Who has the best attorney? If your readers are as smart as I think they are (excepting Nemelkites) they will only need one guess to get it right!

  2. Harry Dschaak // 2011/04/24 at 01:12 //

    Finally,

    I have been wondering when we would get to see the actual results of this case. I knew that Christopher got his ass handed to him, but I didn’t know how badly until today.

    I must say that I was thoroughly impressed with the great care and compassion John Berryhill demonstrated towards the panelists sitting on this particular UDRP proceeding, I caught my self laughing outloud on almost every page at his choice of adjectives that he used to plead Legion’s case against the automatic objections of the wounded Complainer and his “Oh-so-very incompetent” Lawyer.

    This legal proceeding could serve as a type and a shadow of things to come for Nemelka, but I suspect he will only “claim” that woe is his only companion in this life, and that he should have won this case, but his Lawyer bungled it for him. It should be obvious that there are NO off world guides that are guiding the Marvelous Work and a blunder trademark, in any area. I would challenge the woeful Whiner in hiding to appeal this case, and represent himself this time. The results will be the same, because there is no case to appeal. CMN was denied on all three counts, not just because his counsel was incompetent, but because his counsel’s client is a fool who thinks he can fool…

    …everybody.

    I would like to submit this one quote as the official epitaph that will be stenciled into the granite foundation of the legacy of the Marvelous Work and A Wonder trademark that Christopher Nemelka has supposed would go on to become some great thing. It is no accident that these same words quite accurately describe each and every post, letter, and bold claim that Christopher Nemelka has ever produced.

    “The notion that “evidence” is required to support a claim, in view of the utter and complete absence of evidence documenting a single claim in the complaint, is not some peculiar and obscure requirement of the UDRP, but is universal and basic to any judicial or quasi-judicial proceeding.” -John Berryhill 2011

    Harry

  3. Hilarious!

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