--- Date: Tue, 21 May 2002 19:14:09 -0400 From: studio <studioat_private> To: "J. Stephen Simms" <jssimmsat_private> Cc: derekat_private, journalat_private, fridgelistat_private, declanat_private, askat_private, chrisat_private Subject: Re: Demand to Cease Use of "thewarmcompany.com" J. Stephen Simms: We have received your email message from friday 17th May, 2002. Given the demanding nature of what it contains, and the insecurity of electronic mail we would ask that your request be submitted through a channel which gives us at least some ability to verify your identity. We would be happy to continue this dialogue over any such medium. You can send conventional mail to our head office, the address of which is included in the footer of this message. We are happy to communicate with you using email if you could PGP sign any such correspondence and make arrangements to confirm your PGP footprint over some other channel. We feel sure you can understand how foolish it would be of us to take action or enter into a discourse of this type over an insecure and easily spoofable medium. We can reassure you that after receiving and verifying your notice over a more secure forum we would be happy to co-operate with you to the extent we are able. However we would like to suggest that a lead-time of two business days is insufficient given the nature of your accusations. We would like to ask, as a courtesy, that you give us four working days from the time of such confirmation. This will allow us to consult with legal experts, the Internet community at large, and people within the appropriate fields. It would not be diligent or sensible of us - as I'm sure your client would agree - to act without being fully aware of the facts behind what you allege and seeking best advice. It also gives us a realistic timeframe, if persuaded of the merits of your argument, to close down and arrange effective transfer of the domain, or to instigate proper procedure under the ICANN Uniform Domain Name Dispute Resolution Policy. We hope you will agree with us that this is reasonable. If not, we are open to discussing with you a solution more acceptable. As an entirely seperate point; As experts on Internet and Web technology and design we would be happy to extend your client (and yourselves) a courtesy we occasionally offer when we consider it would be useful; a free consultation, if they need a professionally designed and constructed website. Finally; We would politely point out that sending mail to every publically available email address at a domain shows either an absence of understanding, or lack of respect, for Internet etiquette. With the greatest respect we ask that in future you be a little more selective in your choice of recipient. Our standard site policy in situations where we feel our email infrastructure is being abused is to offer an explanation, with our mail server software set to automatically reject email from the offending domain after any further mass mailings, in order to prevent further abuse. As you clearly consider your communication with us to be important, and we would like to be as accommodating as possible, we would urge you to direct any future email communications with us to a single point of contact. 'studioat_private' would be a sensible option. We look forward to hearing from you soon by conventional mail, or cryptographically signed email, and will do everything within our power to assist you with your query. Sincerely, chris raettig + derek michael > X-Mailer: Novell GroupWise 5.5.5 > Date: Fri, 17 May 2002 17:57:42 -0400 > From: "J. Stephen Simms" <jssimmsat_private> > To: <accountsat_private>, <chrisat_private>, > <derekat_private>, <pressat_private>, > <studioat_private>, <supportat_private> > Cc: "Jennifer Lantz" <jalantzat_private>, > "W. Charles Bailey, Jr." <wcbaileyat_private> > Subject: Demand to Cease Use of "thewarmcompany.com" > X-MIME-Autoconverted: from quoted-printable to 8bit by www.affective.org id g4HM3iI01784 > X-Keywords: > X-UID: 2714 > > ** High Priority ** > ** Reply Requested by 5/21/2002 (Tuesday) ** > > Gentlemen: > > We are lawyers instructed by The Warm Company, Seattle, Washington (http://www.warmcompany.com). > > The Warm Company is the owner of the trademark for The Warm Company. > > We have noted your recently-registered domain name, "thewarmcompany.com" This domain name, as well as the name that you recently have chosen for your company, violates The Warm Company's trademark rights. The registration of the domain name further violates both US and UK anti-cyber-squatting laws. > > The Warm Company demands that you immediately cease use of "thewarmcompany.com" domain name, and de-link any web presence, including email and your web site, from that domain. The Warm Company further demands that you cease use of the name "The Warm Company." > > So that The Warm Company does not have to consider further action, please confirm by return, not later than 21 May, 2002, that you have ceased use of the domain name "thewarmcompany.com" > > > > Sincerely, > J. Stephen Simms > Greber & Simms > 410-783-5795 > 410-510-1563 (f) > http://www.gslaw.com -- studioat_private http://www.thewarmcompany.com t: +44 (0)207 286 2659 f: +44 (0)8700 517 153 m: +44 (0)7976 908 538 warmstudio 54 blechynden street, london w10 6rj, united kingdom ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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