Legal Letter that pisses me off

[domainking]

This is sort rubbish I have to deal with from lawyers done have fucking clue about legal aspects law.

Dear Sirs,

We are approaching you on behalf of xxxxxxx owner of several registered trademarks xxxxx, protected and intensively used internationally and in particular, in the European Union countries, in connection with services of classes 16 , 35, 41, and 42, mainly related to paper, cardboard and goods made from these materials, not included in other classes, Services of an advertising agency; distribution of prospectuses either directly or by post and distribution of samples; services of advertising agencies that are essentially concerned with communications to the public, statements or advertisements using all means of dissemination and in relation to all kinds of goods or services; Organization and management of museums, arranging and conducting of colloquiums, conferences, congresses and exhibitions for cultural or educational purposes, publication of books, printed publications, pamphlets and catalogues (other than publicity texts), production of films and production of radio and television programmes, rental of video tapes, exposed films, laser discs and sound recordings, education services; Professional consultancy services providing facilities for exhibitions, filming on video tapes, films and laser disc, snack-bars, cafeteria, bar and restaurant services.

We are therefore writing you following instructions from our client, given the potential conflict that, in its and our opinion, could exists considering your domain name www.xxxxxxx, and our client's intellectual property rights, protecting various trademarks including the term xxxxxxx. Moreover when the services you provide in the domain name are highly similar or identical to the identity and the spirit of the brand

In particular, our client has instructed us to specifically direct ourselves to you (which we have the pleasure of doing), in order to formally ask you about the possibility of selling the domain name to us.


This communication should be taken therefore to have such warning and information purposes for the future peaceful coexistence of both parties, and as a question about the price you would consider appropriate in order to sell our client the domain name xxxxxxxx



On our side we limit ourselves to follow our client's instructions, trusting the earlier rights of xxxxxxxxxx will suffer no harm from your promotional actions from the mentioned website. Keep waiting your response, do not hesitate to contact us if you have any question or doubt.

 

[Bailey]

Whats wrong - In that, their asking to buy the domain in 400 words (when probably 100 would suffice)

In these instances just pick out the relevant words and form a coherent paragraph. I love it when letters are Full of badly written Conjecture, you can really have some fun with the reply.


Deer Sirs
Like yous-elf englise is nota my firsty langage...........

(end with a requst for) three kalfs as sine for good wil


Seriously though, this kind of contact letter wording is almost akin to waving a white-flag in your direction. If you want to sell - sell, if you don't - don't

 

[foz]

This is sort rubbish I have to deal with from lawyers done have fucking clue about legal aspects law.

They do but are testing the waters to see if you are.

Also that letter has made their law firm a cool $500-$750.

 

[Bailey]

They do but are testing the waters to see if you are.

Also that letter has made their law firm a cool $500-$750.

I agree foz. But if your operating in the domain arena - you should be able to differentiate between bullshit and genuine TradeMark conflict

 

[foz]

I agree foz. But if your operating in the domain arena - you should be able to differentiate between bullshit and genuine TradeMark conflict

Agree. The domain field is a special area of law and a general TM lawyer is not that well versed in Dispute cases and policies.

If domainking wishes to reply with a value. Some points to convey:

"Without prejudice"

"I consider this to be a wholly generic/descriptive domain name"

"Willing to consider sale on a normal open market basis"

"£xxxxxx is a reasonable commercial price for this domain name."

If in doubt seek legal counsel.

 

[Bailey]

Agree. The domain field is a special area of law and a general TM lawyer is not that well versed in Dispute cases and policies.

If domainking wishes to reply with a value. Some points to convey:

"Without prejudice"
"I consider this to be a wholly generic/descriptive domain name"
"Willing to consider sale on a normal open market basis"
"£xxxxxx is a reasonable commercial price for this domain name."
If in doubt seek legal counsel.

Yep of course - I was having a bit of fun with my "Deer Sirs & 3 sheep" reply. But really theres no excuse (from a domain point of view) to not understand the fundementals to Trademark law. It's very intuative and the most simplest of legal concepts to grasp. Of course complex arguments can enter the fray - But again from a domainers point of view you would know you were close to the edge when (and if) you start to question your own understanding.

I personally have very little sympathy for those that go wrong. a couple of days of not too taxing effort (and reading) before you step on any toes - is your loss (in a very short-time) if you can't be bothered.

And sadly they are also likely to be the same people to use your well meaning reply example in a totally wrong response and potentially justified complaint

 

[foz]

All lawyers/solicitors come in heavy handed on first contact, common practice.

We know they are on the back foot because they have approached to purchase.

If they had any case, it would be straight into DRS or UDRP with nil warning (maybe one C&D).

 

[Bailey]

Spot-on.

Hopefully Ending on a high note - I wish I got one of those sort of "enquiry/legalise letters" every week - I'd be a rich man

 

[domainking]

domain

Totally agree

I have had plenty of these letters over the years, know how to handle them, my point this first time really had laugh at the style of the letter.

We have a trademark will you please sell us the domain. for that cheek there will be costs added

 

[DannyB]

All lawyers/solicitors come in heavy handed on first contact, common practice.

We know they are on the back foot because they have approached to purchase.

If they had any case, it would be straight into DRS or UDRP with nil warning (maybe one C&D).

Agreed, I never get these.....only C&Ds

 

[bulkcorn]

Whats wrong - In that, their asking to buy the domain in 400 words (when probably 100 would suffice)

In these instances just pick out the relevant words and form a coherent paragraph. I love it when letters are Full of badly written Conjecture, you can really have some fun with the reply.


Deer Sirs
Like yous-elf englise is nota my firsty langage...........

(end with a requst for) three kalfs as sine for good wil


Seriously though, this kind of contact letter wording is almost akin to waving a white-flag in your direction. If you want to sell - sell, if you don't - don't

:lol: I shall employ this tactic in response to unnecessarily long letters in the future from smart-ass Sols. :lol: :lol:

 

[droid]

At least you got a chance to recover some money on the domain.

Last one I got was a C&D, then they followed up with one threatening to sue me for damages and costs.

They were so bloody minded I couldn't take the risk so rather than transfer it I just cancelled it with Nominet.

Gary

 

[Domonetise]

This communication should be taken therefore to have such warning and information purposes for the future peaceful coexistence of both parties, and as a question about the price you would consider appropriate in order to sell our client the domain name xxxxxxxx

In other words, if you don't sell us the domain things could get messy. That's a threat in my book!