I've just sent an email to Margaret. I hit enter and
the damned thing sent when I was halfway through a
sentence that I'd gone back to change.
Neither of you will get a copy because I wasn't ready
to send it, when it went.
The sentence I was fixing when it sent ends like this
now...
I am deadly serious about having our dispute solved by
a court because that
Oh well, not much I can do it about it now.
Below is a copy for you.
Rick
Hello Margaret,
This is getting ridiculous! We have bent over
backwards to satisfy you, yet you are never satisfied.
You want our site to be 'the invisible'
site.
What you are doing amounts to harassment!
I will contact a local attorney here on Monday to
advise me of our legal rights. I will get back to you
sometime later in the week with all
information you need to contact the law firm I will be
using to represent us when I get back to Canberra.
Don't be silly enough to think I am
trying to bluff you. I am deadly serious about having
our dispute solved by a court because that
We are finished negotiating with you. Negotiating
means giving and taking. What have you given?
Nothing.
We can't loose any more in court than we are loosing
by your constant demands that we keep changing things
to suit you.
From the little bit of research I have done, you have
no more legal right to use 'Designs on Demand' than we
do. You do not have exclusive rights
on those words and that will be proved in court.
We are fed up. What ever we do is not enough for you.
We plan to open our site on the 15th. We have already
put off the opening once so we could try to work out
some kind of agreement that was
satisfactory to both us. We will not put off opening
our site again because we now understand there is no
reasoning with you.
We don't need or want continual harassment from you.
The only avenue open to us to stop you being
completely unreasonable is to take out a law suit
against you over fair use of the 'Designs on Demand'
words. As I have told you in the past, nobody can
trademark common English words. This means you have
to get used to the fact that, that not only us, but
anybody can open a site and use those words as their
site title and they can use those words as often as
they like anywhere within their site.
Owning the domain .com name before the .net or .ogr
and any kind of extension has been registered by
another party does NOT give you exclusive
rights to that name!
We refuse to make any more concessions to you. The
law suit will cost both of us thousands of dollars.
I'd rather pay the court costs and have
this issue settled once and for all. When we win, and
I wouldn't go to court unless I was very sure of
winning, I will ask all court costs be
awarded against you.
If you had been willing to meet us even halfway it
wouldn't have come to this. Can you name one thing
you have done to help us sort out this
problem that isn't aimed totally for YOUR benefit?
No, you can't. Youhaven't given one inch!
To this point we have met all your demands and you
still want more. All you have done is throw out
orders "you must do this, you must do that."
We have had enough. You said you didn't want to bring
lawyers into it. You leave me no other choice because
you want everything! We will NOT
make any more changes to our site to please you.
I do not appreciate my vacation being ruined by you.
I want this ended and I want it ended as soon as
possible. The only way I can be fully assured it will
be ended is to let the courts settle it.
After the court case we will use the words Designs on
Demand without the .org on our site anywhere we choose
and as often as we choose.
I am determinded not to respond to your emails again
until after I have leagal advice. I am sick to death
of this! It's childish!
We cannot reason with you, we have tried. The justice
system will sort it out for us.
Sincerely,
Rick
Make the switch to the world's best email. Get the new Yahoo!7 Mail now.
www.yahoo7.com.au/worldsbestemail
Re: Margaret I will add the text later today then e-mail the link going to the
secure graphic to you. I've got my hands so full this morning I don't
know where to start!...
Margaret I am furious! I've just sent an email to Margaret. I hit enter and
the damned thing sent when I was halfway through a sentence that I'd
gone back to change. ...
Margaret Rick, I've been thinking. It's been about three days since you sent
that last e-mail off to Margaret and we haven't heard from her. If you
do intend to send...
Re: Margaret ... I do. ... I don't either. ... I'll rework the email later
tonight and I'll send it here so you can both give your opinion on it
before I send it to...
Margaret Check over the letter below and let me know if you'd like any
changes. I'll send the email we decide on to Margaret about 9:30
tomorrow night. Rick ... Hello...
Re: Margaret Hi Rick, Your e-mail to Margaret sounds perfect! :) Karen ... -- The Art of Stitching http://www.artofstitching.com DesignsOnDemand.org - Instant Downloads ...
Emails Answered Marco, Lorie and I've sent Margaret the legal advise email. I think
we're all caught up now. Rick Make the switch to the world's best
email. Get the new...
Re: Margaret Hi, I agree! As Karen says, it sounds perfect! Donna ... From: "The
Art of Stitching" <Karen@...> To: <dkr3@yahoogroups.com> Sent: Wednesday,...
Margaret Karen, If Dreamhost contact you regarding the .org site. You could
explain our products do not clash. Tell them she is worried about her
patch business ...
Re: Margaret I'll keep this e-mail as a reference in case it ever comes up with
Dreamhost. I really doubt that it will though. They probably have these
kinds of disputes or...
Re: Margaret Exactly! And if she thought she would win this she would have
lodged a complaint with ICANN against us. She's not willing to pay the
$1,300 dollars because...
Re: Margaret Because she has contacted Dreamhost, I will have to let you take
over the correspondace with Margaret now, as the account is in your
name, well Don's name. ...
Re: Margaret I'm heading back to bed. Oh what fun we're having! How can she be
so terrified of competition from a cross stitch site? :) Rick Make the
switch to the world's...
Re: Margaret She didn't say anything about we are within our legal right to use
our domain because it was for sale and we purchased it legally. I think
she's trying to...
Re: Margaret Ok, I'm confused. I didn't see any message from Margaret so I don't
know what she said. Karen ... -- The Art of Stitching
http://www.artofstitching.com ...
Re: Margaret Never mind, I found it in the junk folder. ... -- The Art of Stitching http://www.artofstitching.com DesignsOnDemand.org - Instant Downloads ...
Re: Margaret I've written to Dreamhost support. I'll let you know what they say.
I'm sure the person that receives the e-mail won't know for sure about
the problem but will...
Re: Margaret I wonder if Margaret noticed we'd changed the title pages with
spaces between the words and this is what got her panties in a bunch!
I've left a message for...
Re: Margaret ... I don't think that has anything to do with it. She's been
unreasonable from the start. ... I think we should acknowledge her
email on Monday. We don't...
Re: Margaret Hi Rick, I heard back from Patrick at Dreamhost. I forwarded the
e-mail to this address but it hasn't arrived yet. I'll copy what he
said into this e-mail. ......
Re: Margaret ... So he would have looked at both sites and he doesn't think we
are in competition with her stock. Any sane person wouldn't claim cross
stitch and photos on...
Re: Margaret I was talking to David and he says that DMCA is where you would go
to have copywrited material removed from a web site. So that doesn't
really apply. This did,...
Re: Margaret ... List of Proceedings Under Uniform Domain Name Dispute Resolution Policy http://www.icann.org/udrp/proceedings-list.htm The page is slow to load. It shows...
Re: Margaret I checked and we could have you or Donna be the actual 'owner' of designsondemand.org. We don't have to change the whois information because Dreamhost is...
Re: Margaret ... If you transfer the domain to either Donna or myself now we can
be held liable for deception because the transfer wasn't made until
after she contacted ...