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19 October 2006
A writes:
Attached is a letter threatening in tone that I received recently from the named solicitors for Britain's Daily Mail Newspaper group. It relates to a domain that I own and have registered in relation to the Irish postal service. The solicitors wrongly claims that my intention is to try and extract money from their clients for this domain name even though I have never offered to sell them the domain nor do I plan to do so in the future.
In my opinion the anti-Irish Daily Mail group have slipped up by not registering their domain and are trying to bully me into giving it to them, I dont see why I should.
May I also add that this letter is from an unidentified person and when I enquired as to who I was dealing with, the firm refused to identify the solicitor dealing with this matter. Why the big secret?
___________________
s o l i c i t o r
Our ref: 17910
6 October 2006
BY EMAIL
Irish Media M
S
XXXXXXXXXXX
XXXXXXXXXXXXX
XXXXXXXXXXXXXXXX
Louth
Ireland
Dear Sirs
irishmailonsunday.com ("Domain")
We act for Associated Newspapers Limited of Northcliffe House, 2 Derry Street, London W8 5TT, UK.
Our client was incorporated on 1 April 1905. Our client's group publishes of a number of publications in the UK and Ireland including The Mail on Sunday and Ireland on Sunday. Our client's group owns Irish Trade Mark 143035 for THE MAIL ON SUNDAY and Irish Trade Mark 204811 for IRELAND ON SUNDAY as well as UK and other registered trade marks for those terms. Our client's group has also acquired extensive goodwill in the names of these publications which are well known in Ireland and the UK.
An article was published in Ireland on Sunday on 10 September 2006 informing readers that Ireland on Sunday and The Mail on Sunday would be joining forces in a new newspaper to be called Irish Mail on Sunday from 24 September 2006. It has come our client's attention that you registered the Domain on 20 September 2006 shortly after our client's announcement.
The Domain is being used for a website (the Website) which diverts to the Sunday Tribune website (www.tribune.ie), a competing newspaper.
You have no rights or legitimate interests in the Domain which has been registered and is being used in bad faith. The Domain was clearly registered, inter alia, for the purpose of sale to our client for an excessive price and/or, to divert, confuse and profit from our client's customers and/or potential customers.
Please confirm by the close of business on 11 October 2006 that you will immediately remove the website and that you will immediately transfer the Domain to our client in return for your reasonable documented out of pocket costs incurred in registering / transferring the Domain. Otherwise our client will have no alternative but to file a complaint under ICANN's Uniform Dispute Resolution Policy (UDRP) seeking transfer to it of the Domain. We are confident that our client will win such a case, which will be published on the internet by the UDRP provider for all to see.
Our client also reserves its rights in relation to trade mark infringement and passing off.
Yours faithfully
[No name]
tel: +44 (0) 207 317 8400 mobile: +44 (0) 7775 635835 76A Belsize Lane
principal:
fax: +44 (0) 207 317 8405 adamt[at]adlexsolicitors.co.uk London NW3 5BJ Adam
Taylor