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

[stormorbit]

Hi,
Thanks for the explanation, I am a professional illustrator and have been for the past 15 years. I have just completed a 2 year project illustrating a book for the worlds leading book publisher 'Oxford University Press', I still don't see why I would have to proove anything though? The domain is not a trademark and although I can see how they are looking at it from their perspective I was hardly doing anything that was damaging his reputation, I was doing little else other than directing visitors to where they could find information about him...this was mainly to stop the email enquiries I was getting and that was it...

I have removed the page and put up some of my own work which is what the site is for, if only I had got around to it a month or so ago!

Thanks
Ross - www.rosslovegrove.co.uk

 

[Raider]

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

Correct!, What you need to do right now, is to get rid of the link or anything in connection with this guy. Then post your name and a smiling photo of yourself, perhaps turning it into a family web site, the reason? just to get this guy off your back for now, then you can later decide what you really want to do with it.

 

[Theo]

I'm sure you won't have a hard time persuading them that you share the same name and profession - although the other Ross appears to be a designer of furniture among other things - however, the fact remains that you used his photo and bio & pointer to his books on a URL that appeared to belong exclusively to that person. If I were musician Bill Clinton, I would not make my website a tribute to Bill Clinton, former US president, placing his picture and bio up with a link to his books on Amazon.com with an affiliate id.

 

[Andrew Shaw]

Regardless, Whats done is done. I think the fact that you have his picture and infomation about his products up, and then also having your clients information on the same page is what is "damaging" his reputation from his standpoint. It also doesnt help that you are not associated with him, and dont point that out on your site.
I would be pissed off if someone was using my name .com .net .org or EVEN .eu with my picture, and my information without my concent.

worldwidedesigners.com (or something of that nature) with affiliate information would be ok, as amazon is an affiliate network and you are using there tools to sell products, BUT you are not attaching yourself to the actual seller. With his name as your domain name, it really does appear to be him. Especially as a designer, he may see your website as crap, and it really could damage his reputation as people may honestly think thats what his work looks like.

Just for consideration. I hope that if you decide to fight the battle you think of two things... Did you register it in good faith even though its your name... and is the battle really worth fighting? Sometimes you have to pick your battles.

 

[Duckinla]

Would be interesting to have a domain attorney weigh in on just how cut-and-dried this issue is. I'm not convinced that all is lost for you.
Your situation is compelling enough that I would like to see you work it out with the other guys...but not without the advice of a domain attorney.

Noticed you've been a member on the forum for a year. Must not have been too active if this caught you off-guard, eh?

 

[mattbodis]

You can remove all reference to designer.

You can also say that their screenshots are fake if they have any. Afterall, it's not hard to modify a screen in Photoshop.

Bottomline, change site to have only your info on it. Keep declining all other occusations. And finally, delete this thread before it becomes evidence.

 

[Theo]

You can remove all reference to designer.

You can also say that their screenshots are fake if they have any. Afterall, it's not hard to modify a screen in Photoshop.

Bottomline, change site to have only your info on it. Keep declining all other occusations. And finally, delete this thread before it becomes evidence.

You mean, continue lying and cheating?

 

[Dave Zan]

Sometimes you have to pick your battles.

One of life's simplest and valuable pieces of advice. Amazing how some people
overlook that.

I too would like to see Ross try to work it out with the other party. But if they
choose to be "unreasonable", then there isn't much choice, is there?

 

[Shaggy]

You can remove all reference to designer.

You can also say that their screenshots are fake if they have any. Afterall, it's not hard to modify a screen in Photoshop.

Bottomline, change site to have only your info on it. Keep declining all other occusations. And finally, delete this thread before it becomes evidence.

If they know about it, with most UDRP people do, they can archive.org it. So lying about it being photoshoped won't help.

 

[Duckinla]

Speaking of, I would do any communication with them over the phone, not in writing. Explanations you put in writing may well be used against you.

 

[olebean]

You mean, continue lying and cheating?

Thats just a question of ethical stance! and then being caught!

Speaking of, I would do any communication with them over the phone, not in writing. Explanations you put in writing may well be used against you.

The only reply I would say is that the site is your name and displays your goods/works... Do not admit anything or justify anything ... a case of reverse highjacking (if the cant prove you had his information on it)?

There is nothing on archive.org!

 

[seeker]

There is nothing on archive.org!

nothing YET.
it can appear months later. I had checked once and there was nothing, 2 months later it showed what my site was like 4 months prior to my first search which showed nothing.

 

[jberryhill]

Speaking of, I would do any communication with them over the phone, not in writing. Explanations you put in writing may well be used against you.

So can phone conversations. The only difference is that you have two people who will disagree over what was said - one of them a lawyer submitting a case to other lawyers, and the other one of them a guy who was using the image and bio of his namesake. You tell me who is going to be given more credibility in their recollection of the conversation.

 

[jasdon11]

So can phone conversations. The only difference is that you have two people who will disagree over what was said - one of them a lawyer submitting a case to other lawyers, and the other one of them a guy who was using the image and bio of his namesake. You tell me who is going to be given more credibility in their recollection of the conversation.

Good point...no one's going to believe the lawyer!


(Only kidding)

 

[Theo]

And for God's sake, if you decide to become a male stripper, don't use your full name for the bio & pic

 

[GAMEFINEST]

And for God's sake, if you decide to become a male stripper, don't use your full name for the bio & pic

:lol: :lol: :lol:

 

[DNQuest.com]

You mean, continue lying and cheating?

That's how I would have responded too when I read it... dang, beat me to the punch (I must be rubbing off on people).

Like like it has been mentioned, damage has been done (yes, you are in the wrong), just hope you can come to an agreement.

 

[olebean]

(I must be rubbing off on people).

:lol:

 

[Deleted member 5660]

To delete your archive.org data contact them and tell them to remove the information. If they give you any grief just mention the DMCA. You will the get "blocked Site Error" if you try to research a domain (try it for consumer.net and you will see).

Also, when you have a phone call with a lawyer you may want to follow it with a letter ... "This is to memorialize the conversation we had where we discussed ..."

 

[TurNIC.com]

Sorry for being look like a spy but is your name Ross or Roger. Right now on your site, it says Roger on the green book.

PS : Very artistic and good illustrations by the way