NSW Trademark in username part of email address

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R2ckAUi8

Active Member
29 December 2018
7
0
31
Third update: Thereafter I also sent LawFirmB a very similar (if somewhat snarkier) response... sent back to the same junior guy who sent me the original demand. He had cc-ed his own senior partner on the original mail so of course I felt obliged to cc him as well:

"So your email doesn't really contain any useful information... no reference number for any specific trademark of concern, no claim for relevant jurisdiction, not even a clear statement that you actually have any authority to represent CompanyA in any capacity. I had to validate this last point directly with CompanyA themselves - as you will appreciate, getting a response has taken quite a while due to the Christmas vacation period."

"For the record, here is CompanyA's direct response to me:"
[contents of my "first Update" above]​

"Now on to the matter at hand. The email address in question CompanyA (at) myPersonalDomain.id.au :"
[all the bullet points from my "second update" above]​

"I am a proud CompanyA alumnus. We parted on good terms and I still regard the firm very highly. I have never used any CompanyA trademark in a misleading or deceptive way, and I have no intent to ever do so. Furthermore, I have taken all reasonable steps to secure the email address in question, in order to prevent anyone else from using it in any manner contrary to it's pre-existing purpose as stated above. In short, I believe I am already fully cooperating with CompanyA's desires on this matter. Your demand is both groundless and ill-considered. Nonetheless, if CompanyA's own internal Legal department has reviewed my response herein & still somehow believe this situation remains an actual problem, I would welcome a direct & amiable discussion with them. I'm sure they'll know how to reach me."

"Finally, on a personal note... why would you possibly think it's a sensible idea to harass your client's own alumni for such a trivial matter, during the holiday season no less?"​
 

R2ckAUi8

Active Member
29 December 2018
7
0
31
Fourth update: Two months of radio silence followed... at which point I was thinking "well you opened this door, the least you could do is close it again on your way out".

I sent a polite follow-up to CompanyA, and (thankfully) got back:

"Based upon your explanation, we do not plan to take any legal action and consider this matter resolved."​

Thanks Scruff and Leonard for the advice, I think we can chalk this one up as a win for the little guy.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
All I can say is "Well done."