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nitoday2

By: a guest on Feb 19th, 2011  |  syntax: None  |  size: 9.22 KB  |  hits: 92  |  expires: Never
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  1. Dear Simon,
  2.  
  3. I'm grateful for your reply to this situation.
  4.  
  5. However, as you have just confirmed, your aim is to clearly set up a site which showcases the "News related to Northern Ireland" under the trademarked brand name of NITODAY®
  6.  
  7. This does not matter If you are running an RSS feed site or a standalone news site. The facts are that hundreds of thousands of people across Northern Ireland have grew up with the NITODAY® brand delivering them daily news from Northern Ireland.
  8.  
  9. By you running an RSS feed you are infact also placing our brand at risk by  attempting to display news feeds from our competitors all under the name of NITODAY® on your site.
  10.  
  11. This would be seen in the public-domain as us running this site, confussing the market and weakening our brand of NITODAY®
  12.  
  13. We are a registered media corporation who opetate as NITODAY® and have been supplying such services since 2001. We have invested millions into our brand and will not allow you to continue along this illegal path.
  14.  
  15. If you set up a site with this aim we will issue legal proceedings against you for damaging and misleading behaviour against our registered trademark.
  16.  
  17. You would infact be misleading both the public and our clients into thinking we (as the known registered brand) are infact running this site. Our competitors could then attempt to use your site via way of advertising to continue to damage our registered trademark while you profit from such actions.
  18.  
  19. If I could draw your attention to similar cases :-
  20.  
  21. - We have successfully defended our brand of NITODAY® against
  22.  
  23. - COOLFM
  24. - UTV
  25. - The BBC
  26.  
  27. All ofwhom attempted to trade sites under the brand name of NITODAY® and failed costing them in legal fees.
  28.  
  29. I stress again the importance of our previous request to transfer this domain to our control within 48hrs.
  30.  
  31. I have already informed our Trademark Attorneys of this matter and they are now drawing up legal proceedings to be filed against you. If you fail to complete the transfer by this Monday, proceedings will start which will see you incurring all legal fees plus damages and having such outcome recorded on your credit file.
  32.  
  33. I would stress that you try and imagine a simulat situation where you are attempting to run an RSS feed site but under the name of BBC, Virgin or Nike using BBC.info or virgin.info or Nike.info
  34.  
  35. Just because a domain is free to register does not mean you are free to trade as another.
  36.  
  37. We are Northern Ireland's largest media network and take your actions to undermine our brand very seriously.
  38.  
  39. I will accept at this early stage you clearly have not done your research into such a venture, hence we are willing to refund you for your out of pocket costs in registering the domain and end legal proceedings.
  40.  
  41. However, now that you have been advised indepth my us on the matter, you do not agree to our terms we will move quickly to end this matter to our benefit.
  42.  
  43. I await your confirmation of the 123reg account being opened and the nitoday.info
  44.   domain successfully transfered into it.
  45.  
  46. Yours Sincerely,
  47. Shannon Crawford
  48. CTO
  49.  
  50. NI TODAY® Ltd
  51. Be Inspired. Be Northern Ireland®
  52. www.nitoday.co.uk
  53.  
  54. Visit us on:
  55. www.twitter.com/nitoday
  56. www.facebook.com/nilive
  57.  
  58. Copyright© 2001-2011 NITODAY®
  59.  
  60. OTHER SITES:
  61. www.nilive.com
  62. www.clickni.com
  63. www.infoni.com
  64. www.nispace.com
  65. www.niproperty.com
  66. www.nimotors.com
  67. www.mynijob.com
  68. www.nipod.com
  69. www.switchni.com
  70. www.talkni.co.uk
  71. View all at - www.24ni.co.uk
  72.  
  73. Registered Trademarks :
  74. NITODAY® TALKNI® CLICKNI® ENJOYNI® GONI® NISPACE® NIPOD® Be Inspired. Be Northern Ireland®  From the NITODAY people®
  75.  
  76. NITODAY® is the working arm of The WishNI Foundation :
  77. Visit : www.wishni.com
  78. www.twitter.com/mywishni
  79.  
  80. This e-mail and any attachments are confidential and intended solely for the addressee and may also be privileged or exempt from disclosure under applicable law. If you are not the addressee, or have received this e-mail in error, please notify the sender immediately, delete it from your system and do not copy, disclose or otherwise act upon any part of this e-mail or its attachments.
  81.  
  82. Internet communications are not guaranteed to be secure or virus-free.
  83.  
  84. NITODAY® does not accept responsibility for any loss arising from unauthorised access to, or interference with, any Internet communications by any third party, or from the transmission of any viruses. Replies to this e-mail may be monitored by NITODAY® for operational or business reasons.
  85.  
  86. Any opinion or other information in this e-mail or it's attachments that does not relate to the business of NITODAY® is personal to the sender and is not given or endorsed by NITODAY® Ltd.
  87.  
  88. NITODAY® Ltd Registered in England, Wales and Northern Ireland.
  89.  
  90. On 19 Feb 2011, at 11:19, <simon@toddnetworks.com> wrote:
  91.  
  92. > Hiya Shannon, I don't understand what you're talking about.  You seem
  93. > to think I was planning to trade using Ni-Today when it was in fact
  94. > setup for a Northern Irish RSS news feed system.  So what exactly is
  95. > your aim?
  96. >
  97. > Simon Todd
  98. > ToddNetworks
  99. >
  100. >
  101. >
  102. > -----Original Message-----
  103. > From: Shannon [mailto:shannon@iqu.be]
  104. > Sent: 19 February 2011 10:00
  105. > To: simon@toddnetworks.com; info@actiontab.com
  106. > Subject: RE: NITODAY® -V- MR SIMON TODD
  107. >
  108. > Dear Mr Todd,
  109. >
  110. > Many thanks for confirming our original thoughts regarding the
  111. > registering of nitoday.info are infact correct.
  112. >
  113. > By way of monitoring the said domain (as advised previously to you) we
  114. > have noticed that a picture has been uploaded of a child together with
  115. > text Reading "Monitor this" (still shots have been taken and server
  116. > data recorded).
  117. >
  118. > YOUR ACTIONS:
  119. >
  120. > - Such actions confirm that you (Simon Todd) have received our
  121. > previous requests regarding this domain.
  122. >
  123. > - They also confirm that you have access to managing this domain via
  124. > way of FTP and CP
  125. >
  126. > and finally
  127. >
  128. > - it confirms your true attentions at the time of registering this
  129. > domain was to either attempt to trade within Northern Ireland as
  130. > NITODAY® and/or trade to damage our brand via way of confusing the m
  131. > arket and it's customers. (Why else would you reply in such an unpro
  132. > fessional manner).
  133. >
  134. > We now request you register a free account at www.123reg.co.uk and
  135. > transfer the nitoday.info domain to this account. Once completed we
  136. > will issue you a legal contract which we will refund you the purchased
  137. > amount you paid in December for this domain.
  138. >
  139. > Once you have provided us with the user/pass for the 123reg control
  140. > panel which will be controlling nitoday.info we will pay you via way
  141. > of Paypal.
  142. >
  143. > If you fail to complete the above request within 48hours or show that
  144. > you are accepting our terms we will pass this case to our
  145. > International Trademark Attorneys whom will ensure this process is
  146. > completed to our benefit, with all costs of such actions being past to
  147. > you.
  148. >
  149. > IMPORTANT INFORMATION:
  150. >
  151. > NITODAY.INFO :
  152. > Simon Todd
  153. > 26 Foly Lane
  154. > Armagh
  155. > Northern Ireland
  156. > BT601AT
  157. > +7.761852505
  158. > Email:simon@toddnetworks.com
  159. >
  160. > ---
  161. > Registration Service Provided By: Beyond Perception
  162. > Contact: info@actiontab.com
  163. >
  164. > Domain name: toddnetworks.com
  165. >
  166. > Administrative Contact:
  167. > Beyond Perception
  168. > Steven Cummings (info@actiontab.com)
  169. > +44.28373551
  170. > 4 Gaol Square
  171. > Armagh
  172. > BT60 1AQ
  173. >
  174. > --
  175. > Nameservers for both nitoday.info and toddnetworks.com together with
  176. > toddnetworks.info  show that Mr Simon Todd owns all three.
  177. >
  178. > Yours Sincerely,
  179. > Shannon Crawford
  180. > CTO
  181. >
  182. > NI TODAY® Ltd
  183. > Be Inspired. Be Northern Ireland®
  184. > www.nitoday.co.uk
  185. >
  186. > Visit us on:
  187. > www.twitter.com/nitoday
  188. > www.facebook.com/nilive
  189. >
  190. > Copyright© 2001-2011 NITODAY®
  191. >
  192. > OTHER SITES:
  193. > www.nilive.com
  194. > www.clickni.com
  195. > www.infoni.com
  196. > www.nispace.com
  197. > www.niproperty.com
  198. > www.nimotors.com
  199. > www.mynijob.com
  200. > www.nipod.com
  201. > www.switchni.com
  202. > www.talkni.co.uk
  203. > View all at - www.24ni.co.uk
  204. >
  205. > Registered Trademarks :
  206. > NITODAY® TALKNI® CLICKNI® ENJOYNI® GONI® NISPACE® NIPOD® Be Inspired.
  207. > Be Northern Ireland®  From the NITODAY people®
  208. >
  209. > NITODAY® is the working arm of The WishNI Foundation :
  210. > Visit : www.wishni.com
  211. > www.twitter.com/mywishni
  212. >
  213. > This e-mail and any attachments are confidential and intended solely
  214. > for the addressee and may also be privileged or exempt from disclosure
  215. > under applicable law. If you are not the addressee, or have received
  216. > this e-mail in error, please notify the sender immediately, delete it
  217. > from your system and do not copy, disclose or otherwise act upon any
  218. > part of this e-mail or its attachments.
  219. >
  220. > Internet communications are not guaranteed to be secure or virus-free.
  221. >
  222. > NITODAY® does not accept responsibility for any loss arising from un
  223. > authorised access to, or interference with, any Internet communicati
  224. > ons by any third party, or from the transmission of any viruses. Rep
  225. > lies to this e-mail may be monitored by NITODAY® for operational or
  226. > business reasons.
  227. >
  228. > Any opinion or other information in this e-mail or it's attachments
  229. > that does not relate to the business of NITODAY® is personal to the
  230. > sender and is not given or endorsed by NITODAY® Ltd.
  231. >
  232. > NITODAY® Ltd Registered in England, Wales and Northern Ireland.
  233. >
  234. >
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