--- roxettes2@... wrote:

LOL LOL I know it isn't funny. But I've never seen
you swear before Rick! :)

There is a first time for everything because...

I'm pissed off as well!!!

LOL Ditto!
I've done a lot of researching the last few hours.
We are in the right! We all knew it but I've had
confirmation at so many sites it almost makes you
dizzy!
I expect we will get a reply to the last email I sent
her. I am asking both of NOT TO REPLY. I will reply
but it won't be until Thursday. I want them to squirm
for a while and if I did ring a lawyer I wouldn't get
an appointment before Wednesday or Thursday.
The things I have found out let's us place the ball
back in their court and I don't think they will return
the ball. :)
Below is the letter I intend to send her on Thursday. I didn't want to go overboard or it could look like a
bluff.
Let me know what you think.
Rick
-----------------
Hello Margaret,
My legal advise is you don't have a leg to stand on
regarding the name dispute. My lawyer did say I could make a case against your for
intimidation and harassment. His advise was to let you bring a case against us, instead of us bringing a case against you. I now quote
word for word "In light of her dot net problem, I think a judge
would laugh in her face."
In his opinion if you wanted to have almost exclusive
use of the domain name on the Internet you should have
purchased as many variations of the name that was
possible when you purchased the dot com name. His
advise to me was "The name dispute would be thrown out
of any court."
He told me, we are under no obligation whatsoever to
bow to your demands because legally you don't have any
more right to use Designs On Demand than any other
person or business.
I asked him questions regarding your incessant quoting
of ICANN
(i) your domain name is identical or confusingly
similar to a trademark or service mark in which the
complainant has rights; and
(ii) you have no rights or legitimate interests in
respect of the domain name; and
(iii) your domain name has been registered and is
being used in bad faith.
In the administrative proceeding, the complainant must
prove that each of these three elements are present Not one, not two but all three! The fees involved for
filing a dispute for one domain name is a minimum of
$1,300.00 to file.
The ball is in your court now. You either lodge a complaint against us, and if you
loose, which you will in all likelihood according to
my lawyer, you will also loose the $1,300.00 fee it
costs you file the complaint against us.
If you decide not to file against us, and I wouldn't
blame you if you don't because your odds aren't good. We do not want any further harassment from you. I
have been advised the emails alone are enough to bring
a suit against you for intimidation and harassment.
The changes we have made to our site for your benefit
will remain because we are not vindictive people! However we will not make one more change to our site
to try and please you because that is an impossible
task!
Please do not contact us again in regard to our site
or we will bring a suit against you faster than you
can blink. I have been assured no fair minded judge
would rule against us after seeing how hard we have
tried to accommodate your every grievance.
Sincerely,
Rick
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