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Pets Warehouse Announces Grand Re-Opening After Scoring Supreme Court Victory

Article Editor: Beverly West

NEW YORK, NY - October 5, 2004 /Send2Press Newswire/ -- Pets Warehouse (www.PetsWarehouse.com), an industry leader in online pet supplies since 1997, today announced that it will re-launch its online store in the wake of an Alabama Supreme Court ruling which dismissed the frivolous case against Pets Warehouse Principal, Robert Novak.

The April 2002 case alleged that a chat room post was made on CompuServe's Aquaria/Fish Forum chat room, stating, "no lawyer worth his salt would do what you are doing, which is why a complaint is pending with your state bar." Although Benn could never identify the anonymous person making the statement, he falsely accused Novak in a complaint filed in Alabama. Novak immediately contested that Court's personal Jurisdiction. However, Benn, a private attorney, proceeded pro se before the Court and obtained a default judgment against Novak for $50,000. Novak filed an appeal in March 2003 and on April 2, 2004 the Appeals Court reversed the Lower Court and dismissed all of Benn's claims.

"I have always been confident that the Appellate Court would rule in my favor," said Novak. "The original court showed extreme bias in granting Benn most of his outlandish requests. I was railroaded for someone else's comments."

To make matters worse, Benn, rather than waiting for the appeal to be resolved, maliciously obtained a post-judgment order of execution to obtain the domain name PetsWarehouse.com and Novak's registered Trademark "Pets Warehouse®" That order was faxed to Tucows Inc., the ICANN registrar, who negligently accepted Benn's document on its face and "gave away" the domain PetsWarehouse.com to Benn. This action effectively put the Internet operations of PetsWarehouse.com out of business.

"To add insult to injury," said Novak; "Benn used my well-established domain to display a web page replete with false, defamatory and disparaging remarks which were discovered by Pets Warehouse's existing and prospective customers."

Pets Warehouse was established in 1974 and began an Online pet store in 1997. Shortly thereafter, Pets Warehouse attained international recognition, and was named as the fourth most visited pet website in the world by NPD Research. The website received 14,000­18,000 unique visitors per day prior to its transfer by Tucows. Novak will seek legal representation to file suit seeking damages against Tucows and John Benn.



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