Family Names forum: *** Important Announcement about CUBITS***

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May 26, 2010 8:16 AM CST
Name: Janet Colvin
Z8~Beaumont~Southeast Texas
Proud member of

Some of you may have already heard the news about Cubits. I just wanted to make everyone aware that there is a good possibility that Cubits will be shut down, at least temporarily on Friday due to a cease & desist letter from Internet Brands (IB). For those of you not from Dave's Garden, IB is the company who bought Dave's Garden from Name Media, which is the company Dave sold Dave's Garden to several years ago.

Cubits has grown tremendously in the 4 months it's been open to the public. None of us has done anything wrong, except to build a site that is incredibly awesome. This is obviously a case of "Big Corporation" worried about something they feel is a threat to their site. This isn't our fault, but their own shortcomings. Now they feel the need to lash out against our founder, Dave Whittinger.

Unfortunately, none of us has the money to hire corporate attorneys to fight against this injustice. We must be strong and continue on with more integrity than IB has. Please don't bash IB on Dave's Garden. This would only hurt Dave and Trish.

What we all need to do is to pray for Divine Guidance against this unnecessary disruption in Cubits, continue to stand behind Dave and Trish, and have faith that at the end of the day, our faith is bigger than IB's pockets. Our God is an awesome God!!!

If you would like to be notified of changes in the future, please send me your personal email to: [email protected]

What's happening is totally beyond anybody here's control and is a real shame that we've all worked so hard to create such a great site, only to have the rug pulled from under us this way.

Thank you for your contributions here. We'll all be together again some day soon.

Janet Colvin
UniQue Treasures

Here is the post from Dave:

"I received a letter from Internet Brands today, and it was a cease and desist.

My employment agreement with NameMedia says many things, among them that I won't compete with NameMedia for a certain length of time. My doing can easily be seen to be a competitor of Dave's Garden, but this is no problem because DG is no longer owned by NameMedia.

So, I'm not competing with NameMedia since DG is owned by someone else now. I have been very clear and public with this position. I even posted several times on DG that I do not feel like I am obligated to not compete against DG and that position was never challenged until today.

The letter from IB, however, claims that my employment agreement with NameMedia has been assigned to IB and that my agreement is with them.

Now, that's possible, but I had never been notified until today that this was the case.

They are telling me that I must shut down by this Friday or else they will bring a lawsuit against me. They say that: "If you do not comply, we intend to pursue you for all damages you have caused, which based on our initial review of the matter appears to be well in excess of $1,000,000."

I have a call in to NameMedia as well as the general counsel at IB, to get confirmation that my employment agreement was indeed assigned over to IB. If it was in fact assigned, then there's nothing I can do and I will have to shut down per their demands.

I think we should all prepare for the worst. I think that in the end of the day, big business is going to win and the rest of us are going to lose."

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