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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
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Hello Margaret,
My legal advise not very good for you.
In a nut shell my lawyer said if a domain name is
available, we can purchase it, and set it up as we
want to IF we are not deliberately trying to damage
your business in any way. We are not obliged to make
changes to our web site to suit you.
He has a copy of all correspondence between us and he
said that correspondence is enough to take to court to
prove we are not a threat to your site. The
correspondence also shows we didn't register our site
in bad faith and it shows we have done just about
everything in our power to please you.
If you want more details of my appointment with the
lawyer, let me know and I'll send you almost
everything we discussed about the two sites.
He found out for about ICANN because I told him you
like to quote from them.
(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! My lawyer checked on
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.
We don't intend to make any more changes to our site
for you because legally we don't have to.
We hope now both sites can exists together without any
more friction between us.
Sincerely,
Rick
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