Easy Mobiles

To: 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:
1. not hereafter to pass off services not being the services of or connected in the course of trade with you as and for such services;
2. not hereafter to trade under or use the name “easymobile”, or any name confusingly similar thereto, in relation to any business nor in advertising and promotional material;

3. not hereafter to trade under or use any name which incorporates the word “easy”, or any name confusingly similar thereto, in relation to any business, nor in advertising and promotional material, nor as part of any ‘meta tag’ keyword, search engine submission, description, link or as part of a Universal Resource Locator (URL) string;
4. not hereafter to register any Internet domain name, company or trading name or any trade mark which incorporates the word “easy”, or any word confusingly similar thereto;
5. that I have not registered any other Internet domain names incorporating the word “easy”, or any word confusingly similar thereto, other than easy-mobiles.co.uk;
6. not hereafter to procure, authorise, cause, enable or assist any other person to do any of the aforesaid;
7. forthwith to deliver up or destroy upon oath all promotional material, letterheads and other material in our possession, custody or control that would offend against the foregoing undertakings;
8. forthwith to procure the transfer to you of the Internet domain name www.easv-mobiles.co.uk free of charge, and to assist by all means possible in procuring the said transfer and to sign and return all documents required to procure the said transfer by return; and
9. to keep confidential the terms of these undertakings save to the extent to which such information (other than through any unauthorised disclosure by you or any of your associates, servants, employees or agents) comes into the public domain, or is required to be disclosed by law.
I agree that this undertaking is binding upon my servants, agents, licensees, associated companies and/or firms and successors in title and business.

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

This entry was posted on Thursday, May 25th, 2006 at 9:24 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.