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NOTICE |
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We are
sorry to inform you that our websites, have been taken down due to a pending
lawsuit by John A. Zachman and we believe that our continued presence on the
web although legal and right is an aggravation to him and is hindering his
ability to be forthright and discuss a resolution. |
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John
Zachman’s process server interrupted the Enterprise Implementation Strategies
class in Toronto being run by Intervista Institute of Montreal, Canada on
Wednesday afternoon August 18, 2010 to serve the lawsuit on Stan Locke,
Metadata Systems Software dba Zachman Framework Associates. The
California lawsuit asks for US $
10,000,000.00 (Ten Million US dollars) in trademark infringement damages and
a cease and desist order on the use of all things Zachman. |
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John,
(who is the only person in the Zachman International proprietorship) alleges
in his suit that Zachman Framework Associates (the registered business name
of my Canadian company) infringes on his US Trademark and is causing
irreparable damage to his property.
This has been fine for the past 12 years and now this month is reason
for a lawsuit. At no
time during the past 20 years has John A. Zachman contracted or paid us to do
work for him, or paid us any funds for work we have done together. Each of our businesses has always
individually billed our own customers and clients independently. In fact,
about 50% of my time over the past 10 years has been expended at Zachman
Framework Associates, which has
negatively affected my Metadata Systems Software salary so that the ten year
average is C$ 60,000. |
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John’s
sent a completely unexpected letter December 31, 2009 informing me that his
US Zachman business was to be separated immediately from my Zachman Framework
Associates because of his falling revenues, so that he and John Jr could
increase the Zachman brand presence and revenues and work on a succession
plan. As many of you are aware I have attempted at least once per month this
year, in six cities and three continents, to meet individually with John but
he constantly walks away from these confrontation issues. Now, we
can assume why he didn’t want to discuss or resolve his issues over the past
eight months because he was building his documentation for his lawsuit and it
contains a laundry list of misrepresentations. He can present this unsubstantiated mess to the court without
paying any or very minimal fees and let the attorney’s collect their fees
from the judgement they get. By going to a jury trial, he will be the ‘rock
star’ who is able to dazzle the common folk and get a higher judgement
against Zachman Framework Associates who are the foreigners in their midst. |
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According
to his bio, John is one of the Senior Elders and ruling Council members of
his 10,000 member Church on the Way a Four Square Gospel Church in
Van Nuys, California. According
to his church ideals the first requirement you do in a conflict is sit down
together (not by letter, email or phone) and discuss the issues and attempt
to resolve this matter and then if you cannot resolve the issue take one
person with you as a witness. John
has never done this or even attempted to follow this course over the past 2
years. As
Zachman Framework Associates, our observation over the longer period of
working beside John is that he doesn’t really know how to resolve
conflicts. His resolution method is
to write down his position and then demand conformance. Much like his lectures and in particular
his articles, there is no real give and take, but rather an adamant statement that his position is right and
there is no reason to discuss the matter until his entire list of demands are
met. This is exactly how he dispensed
with his other twenty year partner exactly one year earlier over http://ZIFA.com . |
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Although,
Metadata Systems Software Inc has the legal right to continue to operate, we do not have the financial resources or
interest to defend against this jury trial action in a Los Angeles Federal
Court for the next few years. So it
seems I have no other alternative than to stop supporting John A Zachman and
let his son John P Zachman (formerly a Glendale Acura car salesman) implement the COTS (commercial of the
shelf) packages they need and take over my role of administrative support of
the past twenty years and as the architect and designer of the business
architecture whilst others in Zachman Framework Associates were the builders
and implementers. John Jr will become
the super sluth of all this architectural. Unfortunately,
this proves that COTS is a better solution that those crafted from the
Zachman primitive models, because Zachman International has no models of
their enterprise to manage this change.
The famous quote “someday you are going to wish that you had all those
models … “ has probably come to pass for John. Lastly,
I will need to sell off the assets of Metadata, absorb the business losses
and retire. |
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It
seems apparent that the intent of
John A. Zachman’s actions of the past two years by dismissing his two
20 year partners was to remove them from the succession plan and install his
son as sole heir to the Zachman empire as he reaches his 77th
birthday, avoiding the significant debt incurred by the two former business
associates, and demonstating they were never partners in the first place. |
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Defending
the suit forces us as a Canadian company to be subject to American law, when
we do not operate any business facilities, offices or have any financial
accounts in US institutions. The
NAFTA (North American Free Trade Agreement) agreement supposedly allows
Canadian corporations free unencumbered trade with the US. Not
defending this suit, means that John A Zachman will be able to proceed with a
default lawsuit against us and be able to bar me from entrance to the United
States and with the ability to have me arrested and jailed for not paying the
judgment. |
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It
seems that only a miracle will cause John Zachman to stop acting in such a
litigious and un-Christian fashion where he completely withdraw his lawsuit
and finds a resolution agreement like any man with true integrity would. I am
certain that your comments and suggestions would help us both, you may
correspond with either of us at the following addresses. John@ZachmanInternational.com
and Stan@ZachmanInternational.com
Thank
you for your assistance. Stan
Locke |