Some Email Correspondence

Here was the first email 1 year to the day before I finally got the Domain.

It stared with the email above. Amazing it was 1 full year to resolve this.

As you will see, he was very educated on the subject and very cordial and believed very much in his position.

In the end, he decided to settle the matter amicably. I thank him for that.

It did cost me $5000.00 to take the matter to my attorney, but in the end I am happy to be able to get the domain and protect my brand.

Again, it never went to court so there is no way to know who would have won. We both felt we had a strong case.

Where he states below things like PayPalSucks.com etc… our contention was that those domains are not for profit.

He would be free to have a discussion like anyone about a brand or any opinion or encourage discussion to share opinions. Or contention was that he was profiting with Adsense while using my name which is has a trademark and he was using my trademark in the domain name.

People can have site like this. The issue was that it was for a profit. He was making money every time someone click on an add on the site.

Furthermore, I want to state, the purpose of this website is to EDUCATE people to take action to protect their brand and trademark their name.

Below you can see some of the emails we had and finally you can see I had no choice but to take legal matters to resolve the situation. (I did not do it right away. In fact I was thinking of dropping it. But everyday I would see the domain and finally felt I had to do this.) I want other people to think twice before using someones else name for profit especially when they do so in a way that can hurt the brand.

Here is the email correspondence we had.

—————-

Hi [His Name],

You would of course know why I am emailing you.

Do you really want to own that domain and profit in any way with
a domain that says “Mike Filsaime Sucks”

Please don’t say you use a ? in the ads or header etc… The domain name says
it all.

So I am asking very nicely that you redirect that domain to one of my sites
with your affiliate link and please delete all content off that domain that is
being pulled in by the search engines.

I am sure you may know I am a nice guy. I am sure you are too but I just do
not know you.

I have recently obtained a trademark on my name and will take any legal action
needed what so ever to protect my name and my brand.

And I really do not think you want to make money while you are saying
someone else sucks when you don’t feel that way. (I hope

I will even buy the domain from you if you like.

Thanks

Mike Filsaime

PS – Please reply in 72 hours or I will regrettably have to turn this over to my atty.

Hi Mike,

Thanks for the email.

I appreciate the offer and I understand your position.

You are right, the site is moving up in the SERPs quickly

My personal feelings of you aside, don’t you think it’s OK for people to be write about their opinions of a business and it’s owners?

It seems that is a fundamental right of every American.

Let me know what you think,

Best Regards,

[His Name]

Hi [His Name],

I think it is 100% your right. and if that is the type of person you are
that feels comfortable profiting while hurting the name of someone, that
too is your right.

But,

to get legal, “Mike Filsaime” is a registered  trademark just as is
Microsoft and Godaddy.

And the use of the trademark in a domain name is a violation of
trademark law.

Therefore, I can only say that this is the final request and cease and
desist of the use of the domain request of transfer of the domain name
to me (which I will pay you your expenses you paid for it).

Should you decide to not reply. I will have no choice but to draw a law suit
against you. I have no problem asking nice and I also have no problem
establishing a precedence with a $1 Million  Law suit against you and your
assets in a court of law.

You are dealing with a legal situation here. The choice is yours. I will do what
I need to do to protect my name and my Brand and will go to the full extent of
the law to prosecute and collect any judgment on you and your assets.

You have 48 hours to comply before I have my lawyer draft a lawsuit against
you for $1 Million

Please respond that you will remove the domain and transfer it over to me.

You are also using images that are (C) to my company and you do not have the
rights to do that as well and can be subject to legal issue there. They are
archived at archive.org with your domain which can also be used as proof
of illegal use of our images without consent if you do not comply.

Thanks,

Mike Filsaime

Hi Mike,

Just an FYI: As per the DMCA I have removed the offending images you referenced in your email.

I will send you a more complete reply that addresses your other issues either today or tomorrow.

Thanks,

[His Name]

Thanks you very much [His Name]…

I appreciate any help you can do here.

Hi Mike,

I understand your concern with a domain name that is critical of your business. I’m sorry you feel that an open forum for people to exchange experiences is harmful to you.

In fact, I have used several of your products and think that you have a few products that are ingenious. Although not everyone shares that opinion and the first amendment provides them the ability to shout their displeasure from the mountain tops. Quoting a judge in a famous “sucks” domain case, “and websites are the new mountain tops”.

As such, the law fully supports my right to use a registered trademark in a “protest” domain name.

A precedent has already been set in courts around the world that protect my rights to own this domain and keep it a forum for users to exchange experiences.

When your attorneys research the matter I firmly believe they will find that the law is on my side.

I was surprised at your premature threats of litigation and don’t think they are productive.

I have sufficient resources to resolve this matter with you in the courts or in the court of public opinion for as long as you wish.

You should also be advised that I view the initiation of any proceedings by you as one involving my right to free speech, and I will direct my attorney to seek to recover all of his attorneys’ fees and costs as well as applicable damages.

Please request my telephone number if you wish to discuss this matter further.

Best Regards,

[His Name]

Hi [His Name]

I think my first email to you was not a premature threat. Even my second email to you
was only a cease and desist or you leave me no choice email.

I also made it clear that I think a forum where people share there views are fine with
me and I participate in such things as well.

The issue is that your domain name makes a statement of opinion before
anyone can say otherwise.

I think you agree Mike Filsaime Sucks is not a place to leave fair opinions but
it predisposes a  negative thought to my brand and my name prior to even seeing
any discussion. You must agree the domain name is harmful and would be better
as Mike Filsaime Product .com “Leave your thought on your experiences with Mike Filsaime,
his company, and his products.’

While that still uses my trademark, I would not have had issues with it. You are simply
trying to profit from my while at the same time hurting my brand with a statement
“Mike Filsaime Sucks”

I do not want to get into who has deeper pockets to fight this. That is not the issue at all.

It is simply what the courts will say and I look forward to proving this in court to protect
other marketers (including you) from such unnecessary deformation.

There are other ways to exercise freedom of speech that I would do that I can tell
you I would sleep better at night. I am always shocked at how people can sleep
at night and profit while hurting others with a name like that.

I love sites that allow discussion, but predisposing the customer is really very biased
and sleazy in my opinion.

But the issue comes down to where you and I disagree in terms of the law. And
seeing you live in the US and not Australia, I wish you all the luck in a counter
suit for your legal defense.

I am sorry we could not agree amicably on this issue. I have your telephone number
yet see no reason to call you as you seem to be clear you would not wish to
avoid a law suit and simply take the site down. If I am wrong there, let me know,
I would be happy to do so. I have no issues with you, I am simply trying
to protect my brand (AS YOU WOULD TOO) if I have the legal right to do so and reached out to you
nicely as well to do so.

I will take this reply from you as not complying with my request and regrettably will
turn the matter over to my attorney.

Take care…

Mike Filsaime

Mike,

You do have a choice. Don’t pursue a lawsuit you won’t win, wasting both my time and your money. Just agree that being in the public eye and marketing to the public opens you up for criticism whether you agree with what is being said or not.

Like it or not, many people already have that opinion of you,…. So, would you still agree that people should be able to share their negative views?

The site doesn’t limit replies to anyone who thinks otherwise, anyone who loves you can post freely as well.

It’s very noble of you to try and protect all the worlds marketers. However, Paypal, Ebay, WalMart and other well funded companies have tried the same thing and they have all failed.
Do you really think you will have better luck than those multi national billion dollar companies? Last time I checked, www.paypalsucks.com was online and very popular.

I too am shocked at some people who profit while hurting others, but hosting the domain doesn’t offend my moral sensibilities in the slightest.

Just be prepared in court to prove how the domain name is “hurting” you.

As far as profiting, that is not the purpose of the site and I don’t care if it ever profits a dime.

I disagree on both. Don’t be afraid of the truth and full disclosure. Let customers decide what is best for them after they have reviewed all relevant facts. As a customer don’t you want all the details before making a purchase?
If you see something on the site that is slanderous or incorrect you have a full opportunity for a rebuttal.

You and I don’t disagree on the terms of the law as much as it seems you disagree with the courts throughout the world and the prevailing law as well as the precedents they have set in multiple cases. Not one similar case has been ruled in the complainants favor.

Very kind, but even if my costs aren’t recovered, I will consider attorney fee’s a great investment.

Trying to silence the people hasn’t worked in our history. It’s arrogant for you to think you are above criticism at a website. See ripoffreport.com….

I appreciate you contacting me before litigating.
I do think I understand your position.
However, I have no intention of taking the site down.

It’s regretful you feel that way, and if your attorneys recommend litigation after looking into the matter, I look forward to fighting it as long as it takes.

Best Regards,

[His Name]