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	<title>Comments on: Jim Mirkalami Update 2: Small Claims Court $10000</title>
	<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/</link>
	<description>Just another nerd's weblog</description>
	<pubDate>Wed, 19 Nov 2008 23:04:23 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.3.3</generator>
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		<title>By: warmedfawn</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-65106</link>
		<dc:creator>warmedfawn</dc:creator>
		<pubDate>Sun, 03 Aug 2008 16:57:19 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-65106</guid>
		<description>Quoted from "Sujoy"

I am actually one who wants to avoid any kind of controversy or confusion or both. Lately he’s been mailing me saying that the usage of the name”Jim Mirkalami ” is totaly illegal, as he believes it’s a one in a zillion name. WTF?
This is what he wrote in the mail.
“Since there is only one (1) Jim Mirkalami in this universe and that is “I”, I do have exclusive right to this name and its use.”





Although he says he may have exclusive right to his name, its not the its trademarked now is it? nore would merely saying it be cause for a lawsuit nessisarily.

*sigh* anyway goodluck

:D</description>
		<content:encoded><![CDATA[<p>Quoted from &#8220;Sujoy&#8221;</p>
<p>I am actually one who wants to avoid any kind of controversy or confusion or both. Lately he’s been mailing me saying that the usage of the name”Jim Mirkalami ” is totaly illegal, as he believes it’s a one in a zillion name. WTF?<br />
This is what he wrote in the mail.<br />
“Since there is only one (1) Jim Mirkalami in this universe and that is “I”, I do have exclusive right to this name and its use.”</p>
<p>Although he says he may have exclusive right to his name, its not the its trademarked now is it? nore would merely saying it be cause for a lawsuit nessisarily.</p>
<p>*sigh* anyway goodluck</p>
<p>:D</p>
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		<title>By: Chris Hartjes</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-56079</link>
		<dc:creator>Chris Hartjes</dc:creator>
		<pubDate>Thu, 19 Jun 2008 19:26:38 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-56079</guid>
		<description>@Paul

I used to work for a company that was located near West Beaver Creek Road up in Richmond Hill, Ontario.  It's for real...well, the address anyway.</description>
		<content:encoded><![CDATA[<p>@Paul</p>
<p>I used to work for a company that was located near West Beaver Creek Road up in Richmond Hill, Ontario.  It&#8217;s for real&#8230;well, the address anyway.</p>
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		<title>By: Christian</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-47251</link>
		<dc:creator>Christian</dc:creator>
		<pubDate>Mon, 05 May 2008 09:59:15 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-47251</guid>
		<description>If I were you I would not try to cross the border to Canada anytime soon. ;-)</description>
		<content:encoded><![CDATA[<p>If I were you I would not try to cross the border to Canada anytime soon. ;-)</p>
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		<title>By: luke</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-37403</link>
		<dc:creator>luke</dc:creator>
		<pubDate>Fri, 11 Apr 2008 15:57:11 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-37403</guid>
		<description>Sujoy, I do understand why you would delete them.  Not deleting them is going to cause me inconvenience.  

The thing with deleting information that has been available on the internet is that often other people have copies and caches that live on.  Your deleted posts have been reposted by somebody here: http://fartego.blogspot.com/2008/04/story-of-jim-mirkalami-single-dad.html</description>
		<content:encoded><![CDATA[<p>Sujoy, I do understand why you would delete them.  Not deleting them is going to cause me inconvenience.  </p>
<p>The thing with deleting information that has been available on the internet is that often other people have copies and caches that live on.  Your deleted posts have been reposted by somebody here: <a href="http://fartego.blogspot.com/2008/04/story-of-jim-mirkalami-single-dad.html" rel="nofollow">http://fartego.blogspot.com/2008/04/story-of-jim-mirkalami-single-dad.html</a></p>
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		<title>By: Sujoy</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-37293</link>
		<dc:creator>Sujoy</dc:creator>
		<pubDate>Fri, 11 Apr 2008 06:08:05 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-37293</guid>
		<description>Hi Luke,

I have also been one of those 'lucky' bloggers been followed by this fanboy Mirkalami. I did two posts on his actions. They are &lt;a href="http://techkeyla.com/jim-mirkalami-strikes-back/" rel="nofollow"&gt;here&lt;/a&gt; and &lt;a href="http://techkeyla.com/the-story-of-jim-mirkalami-the-single-dad/" rel="nofollow"&gt;here&lt;/a&gt;.

I am actually one who wants to avoid any kind of controversy or confusion or both. Lately he's been mailing me saying that the usage of the name"Jim Mirkalami " is totaly illegal, as he believes it's a one in a zillion name. WTF? 
This is what he wrote in the mail.
"Since there is only one (1) Jim Mirkalami in this universe and that is “I”, I do have exclusive right to this name and its use."

And this is why he wants to go on a rampage to sue us. ROTFL.

I really want to publish all the emails, but I seriously would like to know if you are aware of its degree of "fakeness". Coz, he seems to be quite regular in explaining his side of the story.

Regards,
Sujoy</description>
		<content:encoded><![CDATA[<p>Hi Luke,</p>
<p>I have also been one of those &#8216;lucky&#8217; bloggers been followed by this fanboy Mirkalami. I did two posts on his actions. They are <a href="http://techkeyla.com/jim-mirkalami-strikes-back/" rel="nofollow">here</a> and <a href="http://techkeyla.com/the-story-of-jim-mirkalami-the-single-dad/" rel="nofollow">here</a>.</p>
<p>I am actually one who wants to avoid any kind of controversy or confusion or both. Lately he&#8217;s been mailing me saying that the usage of the name&#8221;Jim Mirkalami &#8221; is totaly illegal, as he believes it&#8217;s a one in a zillion name. WTF?<br />
This is what he wrote in the mail.<br />
&#8220;Since there is only one (1) Jim Mirkalami in this universe and that is “I”, I do have exclusive right to this name and its use.&#8221;</p>
<p>And this is why he wants to go on a rampage to sue us. ROTFL.</p>
<p>I really want to publish all the emails, but I seriously would like to know if you are aware of its degree of &#8220;fakeness&#8221;. Coz, he seems to be quite regular in explaining his side of the story.</p>
<p>Regards,<br />
Sujoy</p>
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		<title>By: Paul</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-35069</link>
		<dc:creator>Paul</dc:creator>
		<pubDate>Tue, 08 Apr 2008 01:11:42 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-35069</guid>
		<description>Yeah, I am pretty sure that emailing a PDF of the claim doesn't count as service under Rule 8.02.

His 8A Affidavit of Service should be interesting - "I swear that I put the dokument in a scanner thing and then posted it via the intertubes to Mr Welling.  Sorry I can't be more specific, I am not very internet savey".

Further, his 11A Affidavit of Jurisdiction is going to be even more interesting - the issue of where something published on the internet "takes place" for jurisdictional purposes is very complex - I can't wait to see the Ontario Small Claims Court grapple with that one - assisted by Mr Mirkalami QC of course.

Unfortunately, he may eventually serve you properly, and then you will have to deal with it.  Of course, you could take a trip to Canada, win, then get costs for disbursments under R19.01, inconvenience under R19.05 plus a penalty against him under R19.06 for acting unreasonably.

Or you could just ignore it - $10,000 Canadian dollars is only about $25 US dollars anyway isn't it?

Oh, and he supposedly lives on West Beaver Creek Road - are you sure this isn't an elaborate April Fools joke?</description>
		<content:encoded><![CDATA[<p>Yeah, I am pretty sure that emailing a PDF of the claim doesn&#8217;t count as service under Rule 8.02.</p>
<p>His 8A Affidavit of Service should be interesting - &#8220;I swear that I put the dokument in a scanner thing and then posted it via the intertubes to Mr Welling.  Sorry I can&#8217;t be more specific, I am not very internet savey&#8221;.</p>
<p>Further, his 11A Affidavit of Jurisdiction is going to be even more interesting - the issue of where something published on the internet &#8220;takes place&#8221; for jurisdictional purposes is very complex - I can&#8217;t wait to see the Ontario Small Claims Court grapple with that one - assisted by Mr Mirkalami QC of course.</p>
<p>Unfortunately, he may eventually serve you properly, and then you will have to deal with it.  Of course, you could take a trip to Canada, win, then get costs for disbursments under R19.01, inconvenience under R19.05 plus a penalty against him under R19.06 for acting unreasonably.</p>
<p>Or you could just ignore it - $10,000 Canadian dollars is only about $25 US dollars anyway isn&#8217;t it?</p>
<p>Oh, and he supposedly lives on West Beaver Creek Road - are you sure this isn&#8217;t an elaborate April Fools joke?</p>
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		<title>By: Draicone</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-34681</link>
		<dc:creator>Draicone</dc:creator>
		<pubDate>Mon, 07 Apr 2008 05:35:54 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-34681</guid>
		<description>"[...] but I suspect the court might have more luck communicating with me if he included a country in my address."

Nice.</description>
		<content:encoded><![CDATA[<p>&#8220;[&#8230;] but I suspect the court might have more luck communicating with me if he included a country in my address.&#8221;</p>
<p>Nice.</p>
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		<title>By: Henrik Sarvell</title>
		<link>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-31781</link>
		<dc:creator>Henrik Sarvell</dc:creator>
		<pubDate>Wed, 02 Apr 2008 12:46:25 +0000</pubDate>
		<guid>http://lukewelling.com/2008/03/31/jim-mirkalami-update-2-small-claims-court-10000/#comment-31781</guid>
		<description>This is total bullshit, it's just part of this con artist's online spam campaign to clear his name. You, Jim Mirkalami are a fraud and a scam and I hope Heritage Auctioneers will never hold another auction.

I wonder what Canadian law says about anti-spam comments left on blogs! 

Anyway, keep it up Luke, I like your writing. You, Tchay and Zed are my favorites.</description>
		<content:encoded><![CDATA[<p>This is total bullshit, it&#8217;s just part of this con artist&#8217;s online spam campaign to clear his name. You, Jim Mirkalami are a fraud and a scam and I hope Heritage Auctioneers will never hold another auction.</p>
<p>I wonder what Canadian law says about anti-spam comments left on blogs! </p>
<p>Anyway, keep it up Luke, I like your writing. You, Tchay and Zed are my favorites.</p>
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