law help anyone ?

Hi Friends,

In Australia our good old monopoly Telstra is up in arms over the domain we own called trib.es. They us to hand it over without any re-numeration. I do not believe this is fair. Below is the undertakings and some of what I think I can paste of the email chain between us and them, if anyone would like to take this case on the domain trib.es will be donated to whoever they choose. If no-one responds in 48 hours I will have to pass it onto our lawyers who are not experts but we can afford. Let me know what you think ?

---------

UNDERTAKINGS
We, Michal Syzmanski and Paul Hayes, hereby undertake for and on our own behalf and for
and on behalf of the company MyTribes Pty Ltd, its employees, agents, successors and
associates, to Telstra Corporation Limited to:
1. Cease and forever desist from using  Trib.es as a trade mark in Australia;
2. Cancel the <trib.es> domain name within 7 days of signing these undertakings; and
3. Never use or apply to register  Trib.es or TRIBES or any word deceptively similar thereto
as a trade mark in Australia or as a domain name in the future.

Signature — Michal Syzmanski  Date
Signature — Paul Hayes  Date
Signature — Director of  Name
MyTribes Pty Ltd
Date


-----emails

Dear Mr Szymanski

Thank you for your email of 6 November 2011.

We how have instructions form our client concerning its content.

Our client requires both you and Mr Paul Hayes to sign the undertakings in your capacity as individuals and in your capacity as director of MyTribes Pty Ltd (MyTribes). The trib.es trade mark application was filed in your personal name. Moreover, the undertakings cover future use. Our client would find it unacceptable if you engaged in any of the conduct contemplated by the undertakings in your capacity as individuals or as directors of another company.

Our client is reluctant to agree to your continuing use and registration of the trib.es domain name. However, so that our client can make a proper decision concerning your request, please provide further information about the "internet real-estate" business activities that you propose to use the domain name in relation to.

We await your reply.

Yours sincerely
Cheryl Hrvoj|  Solicitor                                                    Sally Foreman| Senior Associate

Davies Collison Cave                                                     Davies Collison Cave
1 Nicholson Street                                                       1 Nicholson Street
Melbourne VIC 3000 Australia                                         Melbourne VIC 3000 Australia
T: +61 3 9254 2777                                                     T: +61 3 9254 2777
F: +61 3 9254 2770                                                     F: +61 3 9254 2770
E:[email protected]                                             E: [email protected]

www.davies.com.au                                                    www.davies.com.au

Melbourne | Sydney | Brisbane | Canberra | Newcastle                            Melbourne | Sydney | Brisbane | Canberra | Newcastle


From: Michal Szymanski [mailto:[email protected]]
Sent: Sunday, 6 November 2011 9:38 AM
To: Sally Foreman
Cc: Paul Hayes; Isobelle Fabian
Subject: Re: Telstra Corporation Limited - Use of TRIBE - and - Michal Szymanski - Australian Trade Mark No. 1417935 Trib.es in class 9 (DCC Ref: 35010406/SEF/IZF/cmc)

Hi Sally,

After further discussion with our legal advisers we have also noticed the following issues which we would like to have changed:

* The personal names of Michal Szymanski and Paul Hayes on the undertakings.

- Sally, we are directors of the company mytribes pty ltd. This company owns the domain in question and this company paid for the application of the trademark which we have withdrawn. The whole purpose of setting up the company was so that we personally would not be involved in any undertakings. Please remove our personal signatories.

* Undertaking 2

- We will agree not to use the domain trib.es for any business in Australia only. However we still want to be able to use our internet real-estate for business activites in Spain and outside of Australia. The actual name of the site is afterall "trib" , with ".es" as the identifier of the country it is registered in.

Regards,
Michal Szymanski

---1 email ommited ... then

Thanks Cheryl,

I will leave it the lawyers to play this out from here on in.

Cheers

Mike