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Julia Beverly Publisher of Ozone Magazine faces a multi million dollar lawsuit agains

morena

la morena del reggaeton
ORLANDO FL – Rayon Payne better known as N$X has filed a multi million dollar lawsuit against Julia Beverly, her magazine Ozone Magazine, Inc, and five other Defendants’ in Federal Court, Middle District of Florida on June 19th , 2006.

Payne has filed a federal lawsuit alleging Julia Beverly has fraudulently obtained the Ozone Magazine web site which is www.ozonemagazine.com. Other counts in the suits are (1) Injunctive Relief (2) Trademark Infringement (3) Conversion (Rico) (4) Fraud (5) Libel Per Se (6) Intentional Infliction of Emotional Distress (7) Negligent Infliction of Emotional Distress (8) Injury to Business Reputation and Dilution of Mark and (9) Tortious Interference with business Relationship. The suit also raises some damning allegations of Beverly’s conduct.

If allegations are correct Beverly may lose her magazine, because in essence she has been using a web site domain which she knew she did not own. Stay tuned to see how this play’s out and feel free to see the PDF file of the suit below and you be the judge.
 

djEarl

DJ Big Jell-E
man ... she's a good person doing a good thing... they wont just go for compensation and let her keep the website?
 

ozonemag

New member
gomsmona said:
Who is Rayon Payne???
wftv.com/news/7517017/detail.html

Man Remains Free Despite At Least 13 Arrests, 23 Charges
POSTED: 6:25 pm EST February 27, 2006

ORLANDO, Fla. -- At least 13 arrests for 23 crimes from fraud to kidnapping to rape, but police and prosecutors said they can't get the man off the streets. After more than a dozen attempts, prosecutors finally sent Rayon Payne to prison, but a judge's oversight got that conviction thrown out of court.

In some cases, it's a technicality. In others, it's weak evidence. Officers from five Central Florida law enforcement agencies have arrested Payne, some more than once. They say it is absolutely frustrating that he's still on the streets.

Payne has enough mug shots to make his own pack of trading cards and he would be able to buy them, because he's a free man.

"He has served some time, probably not nearly enough. He has escaped the system," said Randy Means, State Attorney's Office.

Time and time and time again he escapes the system. Channel 9 uncovered at least 13 arrests on 23 charges, but very few convictions. In 1999, Orlando police arrested Payne for organized fraud and using stolen or counterfeit credit cards to buy equipment for his pirate radio station. In 2000, he pled no contest and was sentenced to five years probation. During that time, he was arrested for sexual battery, a violation that finally landed him in prison.

But Payne's lucky streak kicked in again. He appealed the sentence, saying when he entered his plea, Judge Bob Wattles never told him he could be deported to his home country of Guyana. An appellate court threw out the conviction and the sentence.

"Where does that stop? Do we have to tell the defendant they may lose their wife, they may lose their job? He should have served the five years," Means said.

The feds tried to deport him anyway, but then couldn't because there was no conviction. A sexual battery conviction was also overturned on appeal. The victim refused to participate in a second trial. The detective who investigated Payne’s original fraud case said officers won't give up.

"Mr. Payne has had a tremendous amount of luck and he's a smart individual, but if he continues on his path in the criminal justice system, eventually his luck will run out," said Detective Bill Moore, Orlando Police Department.

Channel 9 spoke with Payne by phone, but he refused to do an on-camera interview.

Judge Wattles, who took the plea that got thrown out, did not return calls.

Payne is still involved in one court battle with police. He's trying to get back the possessions seized in the fraud case, including a gun, radio equipment and the fraudulent credit cards and paperwork.

Orlando police are fighting to keep that from happening.



orlandoweekly.com/features/story.asp?id=2842



NSX gets 10 years for rape

By William Dean Hinton

Rayon "Junior" Payne, the brash, loudmouthed pirate-radio DJ better known as NSX, was convicted Aug. 27 of raping a 23-year-old tourist in the VIP bathroom of The Club last year. Payne, who did not testify in his defense, was sentenced to 10 years in prison. Because of Florida's mandatory sentencing laws, he will not be eligible for parole until the year 2010.

The 27-year-old Payne, working the DJ booth at The Club in May 2001, offered shots to the first group of women to visit the booth. After distributing shots, Payne began dancing with the Swedish woman. The two disappeared until the woman's friends found Payne, who told them she was throwing up in the bathroom.

Apparently a club drug was slipped into the woman's drink. She testified she could remember nothing except coming to with her face down in a sink. When she realized somebody was having sex with her, she remembered turning around to see Payne's face.

"The charge was based on her being physically helpless and unable to resist," says prosecutor William Brown. "There's a possibility that if Rayon Payne used a club drug, it was ahead of the curve as far as toxicology, because it wasn't picked up on her lab report. It had to have been a new drug."

Payne's attorney, Michael Dicembre, failed to return calls for this story, and, because of a Department of Corrections policy, Payne cannot be interviewed by telephone.







IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JANUARY TERM 2004
RAYON PAYNE,
Appellant,
v.
CASE NO. 5D04-321
STATE OF FLORIDA,
Appellee.
______________________________/
Opinion filed March 26, 2004
3.850 Appeal from the Circuit Court
for Orange County,
Bob Wattles, Judge.
Rayon Payne, Wewahitchka, pro se.
Charles J. Crist, Jr., Attorney General, and
Anthony J. Golden, Assistant Attorney General,
Daytona Beach, for Appellee.
PER CURIAM.
Rayon Payne ["Payne"] appeals the summary denial of his motion for post-conviction
relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.
In 1999, Payne was charged with five counts of possession of stolen or counterfeit
credit cards, two counts of fraudulent use of credit cards to obtain more than $100 in value,
one count of third-degree grand theft of $10,000 or more, two counts of third-degree grand
theft, one count of petit theft and one count of scheme to defraud. Pursuant to a plea bargain,
on March 9, 2000, he pled no contest to one count of possession of stolen or counterfeit cards
and one count of scheme to defraud and the State nol prossed the remaining charges. He
was sentenced the same day to one-day time served and two consecutive five-year terms of


--------------------------------------------------------------------------------

probation. No direct appeal was filed.
In his rule 3.850 motion, Payne contends that his plea was involuntary because he is
not a United States citizen, the trial court failed to advise him of the possible consequence of
deportation during the plea colloquy, in violation of Florida Rule of Criminal Procedure
3.172(c)(8), and the possibility of deportation was not mentioned by defense counsel or the
state attorney. He also alleges that he was unaware that his plea could result in deportation
until the fall of 2002. He claims that he has now been threatened with deportation because
of the plea and that had he known of this possible consequence, he would not have entered
the plea.
Payne also alleged that while on probation for these criminal convictions in 2002, he
was charged with sexual battery. Accordingly, an affidavit of violation of probation was issued
in this case. A plea bargain was offered for concurrent terms in both cases. Payne claims
that his trial counsel was unprepared to properly advise him, and that counsel improperly
advised him to accept the plea offer. He was sentenced to ten years for the sexual battery and
was given concurrent five-year terms for the convictions in this case. He filed a timely motion
to withdraw plea, which was denied. Payne then appealed his conviction and sentence for
sexual battery and the probation revocation in this case. However, no issues relating to this
case were raised. This court per curiam affirmed the judgments and convictions in both
cases. See Payne v. State, 847 So. 2d 486 (Fla. 5th DCA 2003).
The trial court correctly denied Payne's motion for post-conviction relief. The trial court
found that even if it were shown that Payne will be deported, he failed to allege or show that
the deportation would be based on his convictions in this case, since he admits that he was
- 2 -


--------------------------------------------------------------------------------

convicted of sexual battery. Because Payne was subject to deportation based on this felony
conviction, regardless of his plea to these earlier felonies, he cannot make the requisite
showing of prejudice. See Peart v. State, 756 So. 2d 42 (Fla. 2000).
In Prieto v. State, 824 So. 2d 924 (Fla. 3d DCA 2002), review denied, 842 So. 2d 845
(Fla. 2003), the court held that where a defendant would be subject to deportation in light of
a prior felony conviction, the defendant cannot make the showing of prejudice arising from the
failure to advise of deportation consequences at a subsequent plea. See also Pena v. State,
837 So. 2d 495 (Fla. 1st DCA 2003); State v. Oakley, 715 So. 2d 956 (Fla. 4th DCA 1998).
See also Bellevue v. State, 794 So. 2d 730 (Fla. 3d DCA 2001).
Payne asserts that he was interviewed in the fall of 2002 by a federal immigration
agent who informed him that he would be deported based on the sexual-battery case, and that
he was later served with papers from the Immigration and Naturalization Service ["INS"] listing
both case numbers. Payne has also filed a motion to supplement the record with the INS
documents he received. The INS notice lists both cases and the grounds of deportation for
both cases.
As to Payne's claim that his plea to violating probation was involuntary due to counsel's
mistaken belief that he was only pleading to the new law violation, not the probation violation,
the trial court found that it is clear that Payne's probation would have been revoked anyway
and there is no reasonable probability that the outcome of the proceeding could have been
different.
AFFIRMED.
SAWAYA, C.J., GRIFFIN and PLEUS, JJ., concur.
- 3 -
 

morena

la morena del reggaeton
I think he is a prick! This man has done so much dirt in Orlando it's crazy! I from Orlando and his name would be all over the news. Julia you are in my prayers. I remember him b/c he lived right behinde me and got in trouble for stealing criedt cards. I was in high school at edgewater and the bitch had an ilegal phone line running though mine! I tried to tell my mom and she never would belive me, until the day O.P.D S.W.A.T. was all up in Rosemont!
 
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morena

la morena del reggaeton
New info

ORLANDO, FL: Rayon Payne better known as "N$X" owns the trademark for Ozone Magazine under class 38, which covers Broadcast; (IC 038. US 100 101 104. G & S: Streaming of audio, and video matetrial online, Broadcasting services and provision of telecommunication access to; Communications via multinational telecommunication networks; Data transmission and reception services via telecommunication means) see the trademark link to Ozone Magazine.



Today Myspace.com was placed on notice that Julia Beverly and her Ozone Magazine was infringing on Payne's mark, the page with close to 15,000 "friends" was shut down and deleted. Thereafter Payne took control the Myspace page which you can view here. (myspace.com/ozonemagazine).



Payne informed Myspace that the streaming audio on the page for Julia's upcoming award show was infringing on his trademark with the United States Patent and Trademark Office (USTPO). With Payne/N$X in control of that trademark, Ozone Magazine cannot be mentioned on radio or television as well stream any media using the name. Julia does own two trademarks under Ozone Magazine, but neither cover broadcast which is controlled by Rayon Payne. Stay tune as this matter unfolds.
 

morena

la morena del reggaeton
djEarl said:
that is that bullsh*t.... will it affect the awards??
it may, since he is the owner of the trademark.......We have to wait and see. I hope not. I am looking forward to going home in august!!
 

ozonemag

New member
morena said:
it may, since he is the owner of the trademark.......We have to wait and see. I hope not. I am looking forward to going home in august!!
False.

Word Mark OZONE MAGAZINE
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter, namely; magazines, informational flyers, and posters all featuring music, album releases and recording artist information. FIRST USE: 20010501. FIRST USE IN COMMERCE: 20010501
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.03.02 - Ovals, plain single line; Plain single line ovals
26.11.21 - Rectangles that are completely or partially shaded
27.03.01 - Geometric figures forming letters, numerals or punctuation
Serial Number 78771236
Filing Date December 12, 2005
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Beverly, Julia R INDIVIDUAL UNITED STATES c/o Robert G. Lopez 350 Broadway 10th Floor New York NEW YORK 10013
Attorney of Record JOHN R. MUGNO
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MAGAZINE" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Word Mark OZONE MAGAZINE
Goods and Services IC 041. US 100 101 107. G & S: Magazine publishing
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.03.02 - Ovals, plain single line; Plain single line ovals
26.11.21 - Rectangles that are completely or partially shaded
26.11.25 - Rectangles with one or more curved sides
27.03.01 - Geometric figures forming letters, numerals or punctuation
Serial Number 78520614
Filing Date November 20, 2004
Current Filing Basis 1B
Original Filing Basis 1A
Published for Opposition July 11, 2006
Owner (APPLICANT) BEVERLY, JULIA R INDIVIDUAL UNITED STATES c/o Robert G. Lopez - LO John R. Mugno 350 Broadway - 10th Floor New York NEW YORK 10013
Attorney of Record Robert G. Lopez
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MAGAZINE" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
 

fuseboxradio

New member
Damn....that is crazy....I was wondering what the story was all about and the news story makes dude not look to good @ all.....:(

Ozone Magazine is fire though with the interviews and segements (esp. w/ Wendy Day and Charlamagne The God) - I hope this doesn't affect issues and things coming out - its hard to come by here in NJ and I think my mailman is taking his time in reading the mags before I get them (for some reason, I get issues about 3 weeks after they drop and end up purchasing it anyway). :cool:

Peace,

Mary Nichols (DJ Fusion)
FuseBox Radio/FuseBox Media LLC/FuseBoxMediaUSA.com
___

The FuseBox Radio Broadcast is on at: WRSU 88.7 FM (Rutgers U. Radio), HipHopFundamentalz.com, UrbanNetwork.com's The Mix Internet Radio Station, FONYE Radio, StreetsMosRadio.com, HolyRiverRadio.com aka EmpancipationRadio.com, ConspiracyUK.com, VI Radio, StreetsMosRadio.com (coming soon) BumRushTheRadio.com
___

Wu-Tang NeedleBreakerz DJ Squad/Hustle Squad DJs/Future Star DJs
 

DJayRage

Im a WMD...
Wow that's crazy! Dude keeps messaging me on Myspace on some BS, I just delete 'em...
Julia you know I appreciate everything you've done, and continue to do. Anyway I can help just let me know.
 

utg

New member
JB your manipulative as hell, so I dont know what to believe. You talk alot of shit in your mag about people, but when someone calls you out, you put up a front like your just little innocent female in the industry and people believe you. I was at the TJSDJS this weekend and it was great, but I dont remember seeing you at anything other than the awards. However, if you were at the Producer's panel, you would have heard every producer state that you gotta treat everybody fairly or they leave (See nolimit & cash money records). JB how do you treat YOUR WRITERS? Im not a writer, but I know alot of people that has wrote for your mag that have never seen 1 penny. And on top of that, they may not ask for money but for little things from you, and you give them the run around why you cant. So if you do lose your mag, money, or anything else, remember Karma is a bitch and you brought it on ya self.
 

ozonemag

New member
utg said:
JB your manipulative as hell, so I dont know what to believe. You talk alot of shit in your mag about people, but when someone calls you out, you put up a front like your just little innocent female in the industry and people believe you. I was at the TJSDJS this weekend and it was great, but I dont remember seeing you at anything other than the awards. However, if you were at the Producer's panel, you would have heard every producer state that you gotta treat everybody fairly or they leave (See nolimit & cash money records). JB how do you treat YOUR WRITERS? Im not a writer, but I know alot of people that has wrote for your mag that have never seen 1 penny. And on top of that, they may not ask for money but for little things from you, and you give them the run around why you cant. So if you do lose your mag, money, or anything else, remember Karma is a bitch and you brought it on ya self.
LOL
u didn't see me because i was behind the scenes organizing the whole fucking thing along with TJ & his crew. if only u knew what we went through for the weekend to even happen. if i promise to pay someone, i pay them. if someone wants to write and get their name in print, i allow them to. i don't have money like that to be paying people with vibe-type budgets. i do what i can, and if i can't afford to pay someone to write, i do it myself.
 

ozonemag

New member
utg said:
I was at the TJSDJS this weekend and it was great, but I dont remember seeing you at anything other than the awards. However, if you were at the Producer's panel, you would have heard every producer state that you gotta treat everybody fairly or they leave (See nolimit & cash money records).
in case you didn't realize it... the whole weekend was BOTH of our events. me & TJ did it together. do u think all those producers (klc, cool & dre etc) magically APPEARED on the panel? or maybe i called them, arranged their schedules, booked their flights, reserved their hotel rooms, & had shuttles pick them up from the airport.
 

ozonemag

New member
morena said:
it may, since he is the owner of the trademark.......We have to wait and see. I hope not. I am looking forward to going home in august!!
both lawsuits have been dismissed and clearly they didn't stop the awards from happening

ozonemag.com/gallery

check out the pics ^:D
 

utg

New member
ozonemag said:
LOL
u didn't see me because i was behind the scenes organizing the whole fucking thing along with TJ & his crew. if only u knew what we went through for the weekend to even happen. if i promise to pay someone, i pay them. if someone wants to write and get their name in print, i allow them to. i don't have money like that to be paying people with vibe-type budgets. i do what i can, and if i can't afford to pay someone to write, i do it myself.
Im not trying to discredit you in anyway, but remember why you went through with the event. It didn't help ME, it didn't help the people who spent $200-$300 for the weekend passes and then couldn't get in the clubs as they were told, it helped OZONE MAGAZINE and JULIA BEVERLY. I didn't tell you to do the event, so I could care less "what you went through for the weekend to happen", because nobody really gained anything but YOU.

And by the way I know a few of "your writers" that have complained that you said one thing and not follow through with it. I could name names, but this issue is not theirs. Also you stated if you can't "pay them, you will do it yourself" :confused: so you are telling me that you can put the whole mag together, if all your writers suddenly WOKE THE FUCK UP and saw that they are doing the work and getting NONE OF THE BENEFIT? I didn't say pay them a fucking salary, or "vibe-type budgets, but everybody should be paid for there work. I dont care if it's $20. They deserve more that just a by-line in a magazine when they did the work.

What you don't get is that the downfall of major labels are unhappy workers, sure you MAY get new works to fill the void for the moment, but the quality level will not be the same. Case point, when Beats By the Pound left Nolimit what happened? Sure Nolimit still existed, but they weren't a factor anymore. I would hate to see that happen to Ozone Mag, because you guys are a good look for the south. However, if you treat your people the way you are, its inevitable.


ozonemag said:
in case you didn't realize it... the whole weekend was BOTH of our events. me & TJ did it together. do u think all those producers (klc, cool & dre etc) magically APPEARED on the panel? or maybe i called them, arranged their schedules, booked their flights, reserved their hotel rooms, & had shuttles pick them up from the airport.

And im sure that you did this all by yourself!! You are arguing a point that was never made. I never said you didn't help with the TjsDjs, I just stated I didn't see you. I never once said that you didn't have anything to do with it.

Remember to be successful in ANYTHING you do, you must remember why you are doing it. If you are doing it for the fame, thats all well and good. However, not everyone has your views. Some people do this to LIVE. There job is to write and when they aren't compensated for it, they can't eat. Everyone didn't come from a place where if they fail, they can be run home and try again. I know I come from a place where if I fail, I have no home to run too.
 
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bashbros

B.A.S.H. BROS
Well i got a lot out of the event....For a first time event it's to be expected if everything didn't run smoothly. I was there representing BASH BROS and The Grind Magazine. I missed Friday but on SAT and SUN i did a lot of business and networking....now only if i stay on top of my follow up game.

Great event. There were some glitches but to pull off an event like this is not easy.

Props to TJ (as usual) and Julia for a great event.

And that's my two cents
 

ozonemag

New member
utg said:
Im not trying to discredit you in anyway, but remember why you went through with the event. It didn't help ME, it didn't help the people who spent $200-$300 for the weekend passes and then couldn't get in the clubs as they were told, it helped OZONE MAGAZINE and JULIA BEVERLY. I didn't tell you to do the event, so I could care less "what you went through for the weekend to happen", because nobody really gained anything but YOU.

And by the way I know a few of "your writers" that have complained that you said one thing and not follow through with it. I could name names, but this issue is not theirs. Also you stated if you can't "pay them, you will do it yourself" :confused: so you are telling me that you can put the whole mag together, if all your writers suddenly WOKE THE FUCK UP and saw that they are doing the work and getting NONE OF THE BENEFIT? I didn't say pay them a fucking salary, or "vibe-type budgets, but everybody should be paid for there work. I dont care if it's $20. They deserve more that just a by-line in a magazine when they did the work.

What you don't get is that the downfall of major labels are unhappy workers, sure you MAY get new works to fill the void for the moment, but the quality level will not be the same. Case point, when Beats By the Pound left Nolimit what happened? Sure Nolimit still existed, but they weren't a factor anymore. I would hate to see that happen to Ozone Mag, because you guys are a good look for the south. However, if you treat your people the way you are, its inevitable.





And im sure that you did this all by yourself!! You are arguing a point that was never made. I never said you didn't help with the TjsDjs, I just stated I didn't see you. I never once said that you didn't have anything to do with it.

Remember to be successful in ANYTHING you do, you must remember why you are doing it. If you are doing it for the fame, thats all well and good. However, not everyone has your views. Some people do this to LIVE. There job is to write and when they aren't compensated for it, they can't eat. Everyone didn't come from a place where if they fail, they can be run home and try again. I know I come from a place where if I fail, I have no home to run too.
blah, blah, blah
clearly you don't know me, so, if that's your opinion cool. have a nice day.
 
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