Can't Believe It!! I Recieve a Legal Threat?

[stormorbit]

Hi,
In the post this morning came a letter from a Solicitor demanding that I give their client the domain name . They say that the website is damaging the designers world wide reputation?

They also say the text link which goes to my partners website is a misleading impression and damages his reputation? On the website at present is a Amazon Affiliate Link for some of the books on this guys design work....


Gee whiz!, I almost laughed! and then I started thinking just where do I stand?
Any advice would be great...

 

[Theo]

OK, which Ross appears on your web site? You or the other guy?

 

[stormorbit]

At present the website has an amazon affiliate link on it to a few books about his design work...and at the bottom right hand side of the page a text link 'Mairi Clark' going to her website. (she's an artist and my partner) sorry if i sent you a PM by accident!

 

[Theo]

What I'm saying is, who's bio & pic show on the page?

I would simply remove the affiliate link.

 

[jasdon11]

Gee whiz!, I almost laughed! and then I started thinking just where do I stand? My name is also Ross Lovegrove and I am also a designer...

What are the odds on that eh...

I would hazzard a guess that with it being your name (that's if you haven't changed it to Ross Lovegrove, and are a mad stalker of the other RL), there's nothing they can do about it - remember armani.com

I would remove the link to Amazon though.

 

[stormorbit]

Ah, right....the bio & pic are of him not me. But they were put there as I affiliate with Amazon and his books sell on amazon...Why should I remove the affiliate link? just for interest...

 

[Theo]

Let's just say you are then asking for trouble.

 

[stormorbit]

Yes but the info which appears on my site appears on many others, it's just a general biography with links to amazon.com? how can that be trouble?

 

[petrosc]

you cannot use someone else's name to profit, that's what the whole deal is about.

 

[izoot]

Yes but the info which appears on my site appears on many others, it's just a general biography with links to amazon.com? how can that be trouble?

Well the domain is his propername and while it may be yours as well it is promoting him and could be deceiving to others who believe its his site. Then you have the sales of his books which would make it bad faith usage.

If it is your name what you need to do is remove all reference to this other gentleman and replace with your personal info. Maybe in a lin reference area put a link to his actual site, the amazon links ect and maybe disclaimer stating that you are not this people. Tho seing that you have already been contacted for promoting a condusing site andtrying to profit on his name you have lost the name already.

 

[Theo]

storm: Allow me to say that you're approaching this issue with an ample display of naivity. Just because your name is that of a famous designer - at least at a local level - you can't lead people to believe that where they landed at it's that other person's web site.

 

[jasdon11]

Ah, right....the bio & pic are of him not me. But they were put there as I affiliate with Amazon and his books sell on amazon...Why should I remove the affiliate link? just for interest...

Oh dear....now that puts a whole new slant on it - profiting from his image etc = bad faith usage

 

[stormorbit]

OK to be honest I wasn't profiting, I have never recieved a brace farthing from Amazon. I just hadn't got around to completing my own design website as I run another online business. Surely they don't have the right to come along and demand that I give them the domain name?
(I have removed the homepage and put up some of my own work which is what the website is for)

 

[Theo]

I suggest you upload your own profile and photo in a last minute attempt to mend things.

 

[olebean]

I suggest you upload your own profile and photo in a last minute attempt to mend things.

Agreed... Although with nominuts it could be too late!!

 

[DNWizardX9]

you're just asking for trouble if you don't remove it

 

[stormorbit]

I previously had people emailing me from my original website thinking I was the Furniture Designer so until I got my own website completed, I was only trying to limit enquiries and redirect visitors to somewhere where they could get information about him, I would have put up a link to his website but he doesn't have a website, at least they didn't have one then....
What do you mean by nominuts it could be too late??

cheers

 

[Bender]

about his design work

here's the problem - you will most likely lose

 

[olebean]

go to nominet.org.uk and read some drs cases you will understand the low threshold they place of abuse if they take it to drs could cost you the domain...

remove anything linking to him...

dont give them the domain... pm me if you have problems and i'll point u in a good direction!

 

[DNQuest.com]

Here is the problem, you have received a letter from a solicitor asserting the rights to an artist. Bet your bottom dollar they have screen shots of the site and the illegal usage of the domain. Though you made no money, you are still in violation of cybersquatting. It is like trying to rob a bank, I didnn't rob and didn't get any money, why should I get in trouble???

Unfortunately, at this point, no matter what you do, you already sunk yourself. Changing the site won't really help you if this goes to UDRP or court. They will say you only changed it after you were contacted. Now, if you change it and apologize and say you are who you are and your profession. You claimed to be an artisit and not just doing it as a hobby becuase it would be all too convenient that you 2 have the same name and you decided to call yourself an artist for the traffic. So change it and put you r art up, put a disclaimer in there, and a link to teh official site of the other Lovegrove and hope that pacifies them and leaves you alone. But remember, they do have to leave you alone and they don't have to settle. So handle them with class and dignity.

Just like big companies, we are not entitle exclusive use of domains that has our name in it. If you do something illegal with the domain (cybersquatting is an illegal), there is a chance you can lose it.