buffalobill
Senior Member
I've read this letter (http://www.2600.co.za/tiki/tiki-index.php?page=TakedownNotice&PHPSESSID=95140630813ce0056678b9d2c62c8623) received in respect of the fsksentech domain name, and I can't believe that someone (Sentech, and ultimately you and I) is actually being paid for this pseudo-legal tripe.
The attorney who wrote this letter bases his demands that the domain name be handed over to Sentech on the grounds that it's:
1. Passing off - hah, hah, anyone who thinks this this domain even pretends to pass itself off as an official Sentech Web site is delusional in the extreme. And then the writer refers to some irrelevant UK case about passing off, which it does not.
2. Trade mark infringement - again hah, hah, in that the site does not purport to trade "any goods or services of a trade mark which is identical or similar to a trade mark registered." He also needs to learn the difference between a trade mark and a registered name.
3. Unlawful competition - well, we don't even need to discuss this garbage.
Stick by your guns. Also refer him to the recent Isuzu vs Van Der Merwe case and tell him to go suck eggs and get back to law school. Maybe he can get lessons from his grandmother.
I'm no lawyer, but the only other thing they could have against the site is if it's libelous (your defence is that it's the truth) or defamatory (in which case don't accuse them of being maternally infatuated genitalia).
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I have an inferiority complex. But it's only a little one.
The attorney who wrote this letter bases his demands that the domain name be handed over to Sentech on the grounds that it's:
1. Passing off - hah, hah, anyone who thinks this this domain even pretends to pass itself off as an official Sentech Web site is delusional in the extreme. And then the writer refers to some irrelevant UK case about passing off, which it does not.
2. Trade mark infringement - again hah, hah, in that the site does not purport to trade "any goods or services of a trade mark which is identical or similar to a trade mark registered." He also needs to learn the difference between a trade mark and a registered name.
3. Unlawful competition - well, we don't even need to discuss this garbage.
Stick by your guns. Also refer him to the recent Isuzu vs Van Der Merwe case and tell him to go suck eggs and get back to law school. Maybe he can get lessons from his grandmother.
I'm no lawyer, but the only other thing they could have against the site is if it's libelous (your defence is that it's the truth) or defamatory (in which case don't accuse them of being maternally infatuated genitalia).
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
I have an inferiority complex. But it's only a little one.
