Signed under duress

abruton

Well-Known Member
Joined
May 3, 2008
Messages
123
Hi

I've been persued to close a website due to trademark issues, even though the website was running for 6 years with the consessionairs knowledge.

After much fighting etc, I've closed the website and Twitter account and signed the letter that they sent to me. They did not want to put in the information I wanted in the letter, so I signed the letter as requested, but put in the statement under my signature "Signed under duress"

I do not want to remove this statement. Is it legal for me to do this?

Best regards

Andre
 

etienne_marais

Executive Member
Joined
Mar 16, 2008
Messages
6,646
Is duress the right word ? It's not as though they were holding you at gun point when you signed it.
 

LazyLion

King of de Jungle
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Mar 17, 2005
Messages
102,741
"signed under duress" is going to be of little effect. You still voluntarily signed the document.
What you should have rather written is "without prejudice to my rights" and "not an admission of any culpability".
As they could use your signature against you to claim damages in the future.
In fact I would have just removed the website, but not signed anything.
 

abruton

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Joined
May 3, 2008
Messages
123
I did remove the website etc, but now they are threatening me with legal costs unless i sign the letter as they dictate and not include the information I want in it.

I wanted to add a statement to say that the Concessionaires know about my website and twitter account. They refuse...
 

abruton

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May 3, 2008
Messages
123
It was a virtual gun... "Sign or we throw the legal fees at you"
 

ambroseg1

Honorary Master
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Jul 15, 2008
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Without exposing parties involved, what was the website about? Can you perhaps provide more info? What was their problem now all of a sudden with the website?
 

LazyLion

King of de Jungle
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Mar 17, 2005
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102,741
I did remove the website etc, but now they are threatening me with legal costs unless i sign the letter as they dictate and not include the information I want in it.

I wanted to add a statement to say that the Concessionaires know about my website and twitter account. They refuse...
I would never sign anything prepared by another potential litigant.
That could very well come back and bite you.
You took the website down, now a simple letter saying that you have done so and that you have no intention of putting it back up again or from profiting from it or the name of the Concessionaires in the future should suffice. The letter should state that you do this without prejudice to your rights, and that you had always acted in good faith and that you are now acting in good faith, by taking these steps.

They are trying to bully you with legal threats.
 

Freshy-ZN

Executive Member
Joined
Aug 17, 2005
Messages
5,730
You are probably falling for simple bully tactics. Do not agree to anything until you can confirm you are actually violating a law or a copy-write etc.
 

element1

Senior Member
Joined
Aug 20, 2009
Messages
553
1.
What would happen if you leave the website up and post a message for your visitors indicating why you have to shut-down?

2.
Is it not possible to re-model the website to avoid copyright breach..
 

Milano

Honorary Master
Joined
Feb 7, 2004
Messages
13,314
Are you certain you were violating their trademark? Some trademarks are very generic and barely 'protectable', also a trademark falls under a specific sector and isn't given protection outside that specific sector.
 
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