Google and AOL Shut Down Park West Gallery Ads for Violation of
Fine Art Registry® Trademarks

The ads were part of a cyberterrorism (or at least cyberyapping) campaign instigated by the beleaguered Michigan art gallery, conducted with the customary unscrupulous underhandedness and flagrant disregard for the law which seems to mark their operations, through their PR agency, Fleishman-Hillard.

A series of ads paid for by Park West Gallery, prepared and distributed by their PR agency Fleishman-Hillard and distributed online through Google and AOL, which flagrantly and intentionally violated Global Fine Art Registry, LLC trademarks and were clearly written to harm Fine Art Registry for Park West Gallery's own commercial advantage, were removed by Google and AOL at the request of Global Fine Art Registry through its intellectual property attorney, Donald J. Lenkszus, PC.

The ads in question began to appear on Google and AOL around the beginning of February of this year. Park West paid for sponsored links which appeared at the top of the search results page when one searched for, for example, "Fine Art Registry" as a key word.

As you can see from the screenshot, the keyword entered in the Google search was "Fine Art Registry". Park West Gallery's paid ad at the top of the page makes illegal use of the trademarks FAR® and FineArtAdvocacy™ (a domain name owned by Global Fine Art Registry, LLC) in order to damage Fine Art Registry and for Park West's own commercial advantage. The link, under the guise of taking one to "The Truth About FAR" in fact takes one to a web page which advertises Park West and its services, bleats piteously about the horrible lies Fine Art Registry has published about the gallery's fraudulent and deceptive trade practices (as told to Fine Art Registry by Park West's own customers and confirmed by international art experts), introduces its new hot-shot lawyer, an ex-US attorney who claims to be an expert in art theft (we weren't aware that Park West had been involved in or accused of art theft but apparently they need an art theft attorney to defend them), and slandering Fine Art Registry. The page contains links to Park West Gallery web pages and includes an email link to Fleishman-Hillard, the PR agency which masterminded, or at least executed these illegal activities. The page is headed by a mugshot of the walrus-mustachioed Goldman (Scaglione's new lawyer) apparently trying to look intense and inspire confidence, and a stock photo of a gavel and a set of scales with a pile of gold in one of the trays. The pile of gold is no doubt a Freudian slip, accidentally symbolizing Park West's raison d'être. While no doubt intending to depict the scales of justice and to symbolize the administration of the law, in fact it is an apt depiction of the use of the law to further ones own greedy self-enrichment. Or perhaps indeed the pile of gold in the image is a symbol of the name of Park West's new and improved legal wizard, Robert Goldman.

However that may be, this article is not intended to digress into the brilliant art direction of the renowned PR company and its choice of images to represent its client. Our subject here is the wanton rape and pillage of the trademarks of one company, Global Fine Art Registry, LLC, by another company, Park West Gallery. (It should be noted that Fleishman-Hillard's attorneys admitted orally and in writing that they were responsible for preparing and posting the offending ads through Google and AOL and for following Park West Gallery's instructions to violate Global Fine Art Registry, LLC registered trademarks.)

Park West have vehemently protested the appellation of "pirates" since our early articles about them, but they continue to demonstrate just how accurately this label fits them and their activities, in this case, trademark piracy.

There were other web pages which these trademark-infringing paid "Adwords" links led to. AOL carried similar paid ads.

This story of thwarted cyber piracy on the part of Park West Gallery is best told by Don Lenkszus himself.

An example of the letters that Don Lenkzsus sent to Park West Gallery's attorneys, to Fleishman-Hillard, Google and AOL follows. Links to the remainder can be found at the end of this article here.

Similar letters, setting forth the illegality of the Fleishman-Hillard/Park West Gallery trademark piracy, were sent to Google, AOL and Fleishman-Hillard.

After some back and forth, Maggie of the Google Advertising Legal Support Team confirmed that Google had removed the offending ads. Her email of March 5th 2009 to Don Lenkzsus is quoted in part here:

The offending and offensive ads no longer show up when you search for "Fine Art Registry" on Google or AOL.

And Ruth E. Kim, General Counsel, Sr. Vice President and Sr. Partner of Fleishman-Hillard Inc., confirmed that her company was responsible for the Google ads and that the trademark violations would cease:

They have ceased. People can now search for Fine Art Registry without being maliciously redirected to Park West Gallery's website and falsehoods through devious and subversive trademark infringement.

It is worth noting that at the same time that these ads were being paid for and placed by Park West Gallery, according to individuals who were present, the owner of the gallery, Albert Scaglione was delivering a messianic sermon to the latest flock of Park West disciples (read auctioneers in training) that God had told him that what he was doing was right and that He (God) would forgive Fine Art Registry for the smear campaign they were running against Park West! And all the while, Scaglione was paying Fleishman-Hillard to commit one of the most flagrant and illegal trademark violations in the history of Google Adwords.

One wonders at the depth of depravity that one can sink to in the lust for gold.

Attorney letters sent with regard to this matter to Park West Gallery, Fleishman-Hillard, Google, and AOL:

• Letter sent to Park West Gallery
• Letter sent to Fleishman-Hillard
• Letter sent to Google
• Second demand letter sent to Google
• Letter sent to AOL

Meet Donald J. Lenkszus, Intellectual Property Counsel for Fine Art Registry

Donald J. Lenkszus is a business-oriented Intellectual Property counsel who has been an attorney since 1975. He has been in-house counsel to Honeywell, ITT Corp and GTE. Don has been in private practice since 1993. In January 2000, Don started his own law firm and serves a select number of clients. His practice is limited to patent, trademark, copyright, trade secret, Internet, and other intellectual property matters. His clients range from Global Fine Art Registry, LLC to a magazine publisher, a medical device company, consumer product companies, and high technology companies. Don has a reputation for aggressive defense of his clients where their intellectual property rights are endangered.

Donald J. Lenkszus, PC
PO Box 3064
Carefree, AZ 85377-3064
10543 E. Honey Mesquite Drive
Scottsdale, AZ 85262

Tel 602-463-2010
Fax 480-595-7695

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