Archive for the ‘Legal’ Category

DLA Piper Rudnick Gray Cary Letter 8 June 2006

Tuesday, June 13th, 2006

DLA Piper Rudnick Gray Cary Letter 8 June 20068 June 2006
Dear Sir
WW.W.EASY-MOBILES.CO.UK
We write further to our letter dated 23 May 2006 to which we have received no response.
May we please hear from you by return and in any event no later than 15 June 2006. Unless we receive signed undertakings in the form attached to our letter dated 15 March 2006 by close of business 15th June 2006, then our client reserves the right to commence proceedings against you for and/or file a complaint against you without further notice.
In the meantime all our client’s rights are reserved.
Yours faithfully
DLA PIPER RUDNICK GRAY CARY UK LLP

tags: , , , , ,

Refusnik or why DLA Piper Rudnick Gray Cary should care more about human rights

Monday, June 5th, 2006

WordPress database error: [Can't find FULLTEXT index matching the column list]
SELECT ID AS post_id, post_title AS title FROM wp_posts WHERE MATCH (post_content, post_title) AGAINST ('DLA Piper Rudnick Gray Cary Lawyers Stelios Undertakings dla piper rudnick gray cary domain hijacking easyGroup easygroup easymobile human rights lawyers stelios undertakings ') AND ID <> '22' AND post_status = 'publish' AND post_date_gmt <= now() LIMIT 5

Today we look at what DLA Piper Rudnick Gray Cary that represents in our case easymobile.com and easyGroup IP Licensing Limited wants me to sign presumably as a part of a settlement deal.

I will go through reach paragraph and each item of Page 1 and Page 2 of the Undertakings document explaining in detail why such document should hot have appeared in a modern civilised society in the first place.

(more…)

tags: , , , , , , ,

Orange vs. Tomato or towards legal understanding of colours, fruits and vegetables

Thursday, June 1st, 2006

Once I’ve already stated that the reverse-hijacking attempt of easyGroup IP Licensing Limited is based on a false premise that the old version of www.easy-mobiles.co.uk used the same colour as easyGroup websites.
I quote:

your use of the colour orange at the top of each page of your website, being the same colour orange as that used by easyGroup as part of its brand identity
DLA Piper Rudnick Gray Cary Letter Page 2
(my emphasis)

If in other orange disputes (see for example Orange vs easyMobile which easyMobile ultimately lost) two sides in fact used the same colour, no matter if it can be classed as Orange or not. Our case is different. As I mentioned before, the colour used on the old version of the website is NOT THE SAME as the one Easy Group claims their rights to. But just how different the two colours in question are?
(more…)

tags: , , , , ,

Comments on DLA Piper Rudnick Gray Cary Cover Letter 23 May 2006

Monday, May 29th, 2006

Firstly, please refer to the DLA Piper Rudnick Gray Cary Cover Letter for the original text.
Let us for the time being forget that the letter itself in its heading refers to a nonexistent entity WW.W.EASY-MOBILES.CO.UK (sic!) instead of easy-mobiles.co.uk as it should. It might or might not make the whole letter or even all of the attached papers legally void. But this is indeed, a very miniscular mistake compare to those bold and much more serious ones made in the legal assessment and the presentation of the case.

Some interesting details concerning the part which refers to the change of address and Nominet Whois records will be published in The Story section. For now we will just go straight to the real core of the claim.
The cover letter explicitly states the following:

our client reserves the right to commence proceedings against you for passing off without further notice

further on the 3rd page of the letter itself we can find this:

we [DLA Piper Rudnick Gray Cary] have advised our client [easyGroup IP Licensing Limited] that you are liable for passing off

and

our client is willing not to commence legal proceedings against you for passing-off, provided you immediately cease trading under or using the name easy-mobiles.co.uk

my emphasis
It is clear now that the notion of passing off is in the centre of their claim. So firstly, what “passing off” actually means in layman’s terms?
(more…)

tags: , , , , , ,

My Public Apologies to the DLA Piper Rudnick Gray Cary

Saturday, May 27th, 2006

WordPress database error: [Can't find FULLTEXT index matching the column list]
SELECT ID AS post_id, post_title AS title FROM wp_posts WHERE MATCH (post_content, post_title) AGAINST ('Copyright DLA Piper Rudnick Gray Cary EVALUATION VERSION software Easy Button EasyMobile Lawyer Senator George Mitchell Shareware Staples Inc Virgin Walt Disney copyright dla piper rudnick gray cary easy button easymobile evaluation version software lawyer senator george mitchell shareware staples inc trial software virgin walt disney ') AND ID <> '18' AND post_status = 'publish' AND post_date_gmt <= now() LIMIT 5

I was writing my previous post in a hurry. This you should not find surprising considering my situation coupled with the recent discovery of an unusual bit of code inside DLA Piper Rudnick Gray Cary pages. As a result of this I’ve made a serious mistake for which I want to apologise on my own accord. In that posting I somehow implied that Stelios Hadji-Ioannu could be superior, or could even own DLA Piper Rudnick Gray Cary. This is obviously wrong. After researching for some time on the Internet I came to realise that DLA Piper Rudnick Gray Cary is indeed an enormous legal conglomerate flying at such heights that Stelios with his low-flying easyJet can only dream of.

For those who are in the dark as I was just the day before here goes a brief resume of my discoveries about DLA Piper Rudnick Gray Cary mainly derived from their own website.
The most amazing fact is that this law firm is actually lead by no other than Senator George Mitchell.
Just for the record:

Senator George J. Mitchell was a US Senate Democratic majority leader for about six years (1989-1995) as well as a chairman if the Northern Ireland peace negotiating group in 1996-1998 and a chairman of an international fact-finding committee on violence in the Middle East that produced a recommendation, widely known as The Mitchell Report. In business he is a Partner and the Chairman of the Global Board and Co-Chair of the Government Controversies Practice Group in DLA Piper Rudnick Gray Cary, chairman of the board of the Walt Disney Company and serves on the board of Staples, Inc. etc, etc.
For more information see: DLA, Staples, Inc., Disney

The man of such high standing would have been made a Sir in Britain sometime at the very beginning of his career, something that Stelios can only aspire to and only in his dreams. Or perhaps I am wrong again. Considering that a head of a twin Virgin business empire, Richard Branson had been given a knighthood already, we may, just for the sake of symmetry, possibly see Sir Stelios in the nearest future (will I have to bow to or stand up in his presence then?).
But now back to business. Some may wonder why it is so scandalous that a law firm keeps a small piece of inoffensive programming code on its web pages. Where is the issue?
Let me explain. (more…)

tags: , , , , , , , , , , ,

General comments on DLA PIPER RUDNICK GRAY CARY presentation of the material

Friday, May 26th, 2006

WordPress database error: [Can't find FULLTEXT index matching the column list]
SELECT ID AS post_id, post_title AS title FROM wp_posts WHERE MATCH (post_content, post_title) AGAINST ('Coalesys DLA PIPER RUDNICK GRAY CARY Digital Law coalesys digital law dla piper rudnick gray cary domain dispute evaluation software lawyers software license ') AND ID <> '17' AND post_status = 'publish' AND post_date_gmt <= now() LIMIT 5

First general comments on the presentation and the way it was written.
It arrived First Class, not even recorded, so that if I did not start publishing the documents, they would not have had a simple proof of delivery. Bad mistake on the side of a law firm that claims to be internationally renown and to have more than 3,100 lawyers in 59 offices in 22 countries. Is this just a neglect or they are so short of money that splashing a couple of pounds for recorded delivery is unaffordable luxury for them?
Note the heading of the cover letter - instead of WWW.EASY-MOBILES.CO.UK it actually reads WW.W.EASY-MOBILES.CO.UK. Is this a clever legal move :-) ? I doubt it. Most likely a typho, but the one that can cost a lot. I don’t want their typist to be fired - we are in the same boat, but the whole firm looks rather unprofessional to say the least.

I doubt Stelios will be pleased, after all they charge him for doing his bidding whilst they can not even do their job properly. Alternatively though, DLA PIPER RUDNICK GRAY CARY UK LLP may just be another of his pet projects and in this case he shouldn’t worry too much about spending so much - he might be just moving the money from his own left pocket to his right pocket. However, if I am right some strange things are starting to come together.
(more…)

tags: , , , , , ,

So, here we go on the legal matter or easypisists in action

Thursday, May 25th, 2006

WordPress database error: [Can't find FULLTEXT index matching the column list]
SELECT ID AS post_id, post_title AS title FROM wp_posts WHERE MATCH (post_content, post_title) AGAINST ('Nominet Stelios Whois domain dispute easygroup easymobile legal nominet passing off reverse domain hijacking stelios whois ') AND ID <> '16' AND post_status = 'publish' AND post_date_gmt <= now() LIMIT 5

As promised those wonderful examples of the epistolary genre and legal illeteracy I have obtained so far from DLA Piper Rudnick Gray Cary are now online. For you convenience there are both, readable text with full-size images attached.
Tomorrow I will start posting my comments to each of their allegations. Meanwhile you can enjoy their oevres “as is” in their original glory.
PS: naturally, I omitted my name and address from those documents but it is not a big secret anyway.

tags: , , , , , , , ,

Undertakings Page 2

Thursday, May 25th, 2006

WordPress database error: [Can't find FULLTEXT index matching the column list]
SELECT ID AS post_id, post_title AS title FROM wp_posts WHERE MATCH (post_content, post_title) AGAINST ('Nominet Undertakings Whois domain dispute easyGroup easyMobile easygroup easymobile nominet reverse domain hijacking undertakings whois ') AND ID <> '12' AND post_status = 'publish' AND post_date_gmt <= now() LIMIT 5

Undertakings Page 2Yours faithfully
I hereby agree to be bound by the above undertakings personally
Signed by
Date:

tags: , , , , , ,

Undertakings Page 1

Thursday, May 25th, 2006

WordPress database error: [Can't find FULLTEXT index matching the column list]
SELECT ID AS post_id, post_title AS title FROM wp_posts WHERE MATCH (post_content, post_title) AGAINST ('Nominet Undertakings Whois domain dispute easyGroup easyMobile easygroup easymobile nominet reverse domain hijacking undertakings whois ') AND ID <> '11' AND post_status = 'publish' AND post_date_gmt <= now() LIMIT 5

Undertakings Page 1To: easyGroup IP Licensing Limited
c/o DLA Piper Rudnick Gray Cary UK LLP (Ref: ECA/NZC)
3 Noble Street
London EC2V 7EE
Dear Sirs
www.easy-mobiles.co.uk
I refer to the letter from your solicitors, DLA Piper Rudnick Gray Cary, dated 15 March 2006. In consideration of your refraining from commencing proceedings against me for passing off for the matters complained about in the said letter, I hereby undertake, whether acting by myself or as part of a company, firm, related individuals, servants, agents or otherwise howsoever as follows: (more…)

tags: , , , , , ,

DLA Piper Rudnick Gray Cary Letter Page 3

Thursday, May 25th, 2006

DLA Piper Rudnick Gray Cary Letter Page 3our client. We also note that your website advertises other mobile providers’ products and services which further has the effect of diluting our client’s goodwill in the “EASYMOBILE” mark.
Although you claim that your website is dedicated to helping users find information relating to the services provided by our clients under the mark EASYMOBILE, your use of the “EASY” mark and the domain name easy-mobiles.co.uk is likely to confuse potential customers into believing that you and your website are connected with or authorised by our client, causing damage to the reputation and goodwill of the “EASY” brand. (more…)

tags: , , , , , ,

DLA Piper Rudnick Gray Cary Letter Page 2

Thursday, May 25th, 2006

DLA Piper Rudnick Gray Cary Letter Page 2easyMobile. The easyMobile service was launched in the UK on 10 March 2005, in the Netherlands on 24 October 2005 and in Germany on 1 November 2005. These will soon be followed by launches in another 11 countries across Europe. The easyMobile mobile phone services are offered via our client’s website at the Internet domain name www.easymobile.com. This domain name was registered by our client on 26 September 2000.
Furthermore, our client has a number of other “EASY” businesses, including businesses under the marks EASYMONEY, EASYVALUE, EASYCINEMA, EASYBUS, EASYMUSIC, EASYPIZZA, EASYHOTEL, EASYJOBS, EASY4MEN, EASYCRUISE and more recently EASYWATCH. (more…)

tags: , , , , , ,

DLA Piper Rudnick Gray Cary Letter Page 1

Thursday, May 25th, 2006

DLA Piper Rudnick Gray Cary UK LLP Letter Page 115 March 2006
Dear Sir
www.easy-mobiles.co.uk
We have been instructed by our client, easyGroup IP Licensing Limited, to write to you in relation to your registration of the domain name easy-mobiles.co.uk.
Since 5 November 2000, our client has acted as the central holder of the intellectual property rights which support the “EASY” brand. (more…)

tags: , , , , , ,