Easy Mobiles

our 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.
If it is not your intention to trade off our client’s goodwill in the “EASYMOBILE” mark, it is open to you to select a neutral domain name which does not include our client’s distinctive “EASYMOBILE” mark.
In the circumstances, we have advised our client that you are liable for passing off. However, it is our client’s preference to settle matters without resort to court if possible. On the basis that you are also interested in resolving this matter amicably and without the need to spend extensive time and money in defending proceedings, 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. Our client also requests that you sign and return the enclosed undertakings by 29 March 2006.
If you do not provide us with signed undertakings in the form attached by close of business on 29 March 2006, then our client reserves the right to commence proceedings against you without further notice.

We suggest you take legal advice on this matter.
Yours faithfully
DLA PIPER RUDNICK GRAY CARY UK LLP

tags: , nominet, whois, domain dispute, easygroup, easymobile, reverse domain hijacking

This entry was posted on Thursday, May 25th, 2006 at 9:23 pm and is filed under Legal. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.