Brent Hanson
c/o James R. Donahue
CAULFIELD, DAVIES & DONAHUE, LLP
P.O. Box 277010
Sacramento, California 95827-2900

 Dear Mr. Hanson:

The counsel for "Refractive Surgery Quality Insurance" (sic) (CRSQA) has retained our law firm in connection with your "cybersquatting" of their domain USAEyes.org.  Cybersquatting under the Anti-Cybersquatting Consumer Protection Act (ACPA) 15 U.S.C. § 706 et. seq. is actionable if the party can prove the following elements:

1. The party has a bad faith intent to profit from the mark, including a defendant name which is protected as a mark;
2. The party registers, traffics in, or uses a domain name that in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;

CRSQA has published their website at USAEyes.org and USAEyes.com since 1998.  The organization has used usaeyes as a trademark since the organization was founded.

Recently you have began publishing at the domains USAeyes.info, USAEyes.biz and USAeyes.us.  Apparently, you own each of those domains.  You have used this domain to publish defamatory statements against my client Glen (sic) Hagele.  Your actions are an obvious attempt to confuse the public and to embarrass Mr. Hagele.  Apparently, when someone Googles the name "usaeyes" in an attempt to reach the USAEyes.org website instead they come up with one of your domains.  On these domains you have published negative and defamatory statements regarding Glen (sic) Hagele.

Your actions meet the definition of cybersquatting in that you are acting in bad faith and with an intent to embarrass my client, Glen (sic) Hagele.  In addition the name of your website is confusingly similar to the USAEyes.org mark.  There is no bona fide reason for you to use these marks.  Your intent is clearly to divert consumers from my client's mark to yours, and to harm the good will of the mark represented by usaeyes.  Your intent is to tarnish and disparage Glen (sic) Hagele, the CRSQA organization, and the usaeyes website.  CRSQA demands the following of you:

1. To immediately forfeit or cancel the domain name or to transfer the domain names to CRSQA;
2. To immediately cease and desist from any and all use of the above domain names;
3. Immediately sign or have your representative sign the letter which you will find attached;

CRSQA prefers to resolve this matter without taking legal action, however, it is prepared to file a lawsuit if necessary to protect its rights in business.  You may avoid legal action by complying with each of the demands listed above.  This letter is sent without prejudice to CRSQA's rights and claims, all of which are expressly reserved.  I am sending a copy of this letter to your attorney and to you by regular first class mail in care of your attorney, as we have no current address for you.

Please feel free to have you or your attorney contact me should you have any questions.

Sincerely yours,
BEYER, PONGRATZ AND ROSEN
David P. Foos
Attorney at Law
Sacramento Superior Court Commissioner, Retired

The undersigned covenants to take the following actions immediately:

1. Transfer any and all rights of the undersigned in and to the following domain names to usaeyes.org.
2. Transfer the following domain names:  USAeyes.info, USAEyes.biz, USAeyes.us.  In addition cease and desist from any and all use of the above domain names.

Date:    _______, 2007                    By:  ________________________
                                                                BRENT HANSON