On January 13th – thirty-seven days before programming commenced, this position paper was filed relative to the creation of this website:


Saxon Watch – Position Paper

In December 2001 the Metropolitan Corporate Counsel said, “Before challenging a domain name, however, counsel should first consider whether the site falls under a fair use category, such as a criticism or-sucks.com site. These types of sites have been routinely more difficult to deal with as the courts and other forums have been hesitant to shut down a site and transfer a domain name where the site seems to be a legitimate forum for criticism of a company or individual.”

Another federal court case found that mere text identically between a federally registered trademark and a domain name does not mean there is any trademark infringement.

All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the “UDRP”). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name.

The Anticybersquatting Consumer Protection Act (ACPA) provides a cause of action in federal court for those who lose a UDRP proceeding.

The website SaxonWatch.com will contain the following statement on every page of the website: “Some items on this website are used by permission granted in the Fair Use guidelines of the 1976 U.S. Copyright Act.”

The website SaxonWatch.com will clearly state that we are not associated, affiliated, nor do we own any stock in Saxon Mortgage, Morgan Stanley, or their related companies as may be applicable.

The site falls under a fair use category, such as a criticism website, watchdog, and consumer advocacy website

As with our other consumer websites, we maintain constant communication with the OCC, FTC, and other authorities.

SaxonWatch.com will provide consumers with tools to file complaints directly with, but not limited to, the FDIC, FBI, BBB, OCC, OTS, and Justice Department.

While some corporations issue a legal challenge to fair-use criticism websites, intellectual freedom means, essentially, the first amendment allows criticism or challenge as part of free speech. Criticism websites often speak for the consumer while providing tools to assist the consumer.

Please note that as of January 13, 2009 the Saxon Mortgage website (https://www.saxononline.com/General/Service.aspx) continues to publish the following statement relative to trademarks:

“Copyrights and Trademarks. The Site, the content, and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by [CLIENT NAME] or its third party service provider(s) and all right, title and interest therein and thereto shall remain the property of [CLIENT NAME] or its third party service provider(s). The Site may be used only for the purpose of making a payment to [CLIENT NAME] as permitted by this Agreement/Authorization. The names [CLIENT NAME] is registered in the U.S. Patent and Trademark Office.”

The copyrights and trademarks statement above has not been altered in any way, and is quoted exactly as it appears, including sections that say “CLIENT NAME”, and a copy of this statement is on file in our offices, saved and seen here as an image file, and is saved in search engine cached copies.

Domain name registrars clearly see my websites for what they are – consumer advocacy, watchdog and criticism websites also protected by the first amendment. The Federal Trade Commission sees them as such.

No bad faith exists relative to any and all of the circumstances surrounding the registration of the subject domain name SaxonWatch.com.

Should any corporation protest the domain name SaxonWatch.com the data, material, and all website content will appear on lenderwatch.org, also registered for this purpose.