Quote:
On September 1, 2003, the Complainant’s lawyers wrote to the Respondent. They said that their client had recently discovered that the Respondent had registered the domain name. They referred to the Complainant’s registered rights in the TRIVIAL PURSUIT marks in the United Kingdom under registration no. 1230233, and in the European Community under no. E00727123. They mentioned the Complainant’s website at “www.trivialpursuit.com”, and alleged that there could be no competing legitimate interests in the name. They alleged that the registration of the disputed domain name would be taken as a reference to the Complainant, which would result in significant damage to the Complainant. They asked the Respondent to refrain from providing any services under the domain name, and that he transfer the domain name to the Complainant. They also asked that the Respondent refrain from attempting to register any domain name in the future which included the name TRIVIAL PURSUIT or any similar expression. The solicitors’ letter sought undertakings on those points, and concluded by advising that the Complainant would have to revert to legal proceedings to protect its position in the event of the Respondent failing to provide the undertakings.
The Respondent replied by an email to the Complainant’s solicitor stating
“I find your aggressive tone unacceptable, choose not to respond to your threats, and do not agree to your conditions.
Ian McMillan” |
Wow, what guts, to repley like that!