LEGAL NOTICE from Sales @ Filesonic (NEED HELP)

Discussion in 'Affiliate Programs' started by xcollection, Feb 2, 2011.

  1. #1
    I AM FROM BANGLADESH. RECENTLY FILESONIC SEND ME THIS EMIAL... NOW WHAT I HAVE TO DO? GIVE THEM MY TWITTER USER NAME AND PASSWORD? OR IT'S JUST A FAKE EMAIL. IF I DO NOT GIVE THEM MY TWITTER ACCOUNT, THEY REALLY CAN TAKE ANY ACTION AGAINST ME?

    (SOORY FOR MY BAD ENGLISH)

    Dear Sir,



    We are the owners and operators of FileSonic.com and all intellectual property rights vested therein including the tradename FileSonic. Over time, the popularity of our service has greatly increased our brand and recognition. As such, our site and brand has gained considerable value.



    It has come to our attention that you have registered the account twitter.com/filesonic and used it for commercial purposes. This without our authorization and permission. This constitutes a breach of our intellectual property rights in which you may be liable for damages.



    In good faith and without any waiver of our rights, we are willing to settle this matter amicably if you relinquish the twitter account for filesonic for which we are the true intellectual property owners. Failure to which we shall contact twitter to regain possession of the account and access the damange caused to our brand and institute legal proceedings against you personally without notice of delay. We shall also notify Twitter and your ISP in the process to bring them aware of the situation and ongoing infringement.



    We trust that you will comply with the foregoing demands and email us at to relinquish the account and forwarded all log in's and passwords. However, please be advised that we are prepared to pursue any legal or equitable remedies it deems necessary to protect our rights and its reputation including against you personally in all jurisdictions.

    Of course, nothing set forth herein shall be construed as a waiver or limitation of any of our client’s rights or remedies, all of which hereby are expressly reserved.

    Sincerely,


    FILESONIC.COM
     
    xcollection, Feb 2, 2011 IP
  2. prasad-usa

    prasad-usa Peon

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    #2
    not sure if the filesonic is officially a trademark.
    but i was wondering why you choose filesonic as your twitter account unless you want to "con" people.

    you must have some motives for using filesonic as your twitter account.
     
    prasad-usa, Feb 2, 2011 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    Looking at the cache, you were using listing their website on the account. They can certainly sue you even though you have deleted the content. I would turn over the account to them.
     
    mjewel, Feb 2, 2011 IP
  4. lothos

    lothos Member

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    #4
    filesonic is a trademark, they own it. You didn't have permission to use their trademark.

    Give them the twitter account. Yes, if you don't, they can take action against you.
     
    lothos, Feb 3, 2011 IP
  5. dkp

    dkp Well-Known Member

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    #5
    Its probably a genuine one as this mail is a valid one.

    Give that account back to filesonic itself & settle this matter quickly.
     
    dkp, Feb 3, 2011 IP
  6. dkp

    dkp Well-Known Member

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    #6
    dkp, Feb 3, 2011 IP
  7. 18folder

    18folder Member

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    #7
    18folder, Feb 3, 2011 IP
  8. markov

    markov Peon

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    #8
    You need to give up the account so as to avoid any future clash.
     
    markov, Feb 3, 2011 IP
  9. jimbo-53

    jimbo-53 Active Member

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    #9
    @xcollection - let them send a court date - then hand it over. - it's what i'd do anyway
     
    jimbo-53, Feb 3, 2011 IP
  10. mike30

    mike30 Well-Known Member

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    #10
    Great! ( I mean, not for you) Great because I learned something new in my world :)

    Just give away that account, don't wait until court date(if a court day is settled, then you have to pay the court and attorney's cost or any other charges)


    ~Mike
     
    mike30, Feb 3, 2011 IP
  11. dkp

    dkp Well-Known Member

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    #11
    Yes, just give that account to filesonic & rest in peace. why steal someone's trademark & land into more troubles.
     
    dkp, Feb 3, 2011 IP
  12. Luckysacrifice

    Luckysacrifice Peon

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    #12
    Give the account back to Filesonic.
     
    Luckysacrifice, Feb 3, 2011 IP
  13. FileSonic-IT

    FileSonic-IT Peon

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    #13
    Thank you for everyone's wise reasonable advice.

    xcollection, our legal department had no choice but to take this measure against people who have hijacked our brand without our permission. Any company that owns a brand would have acted accordingly as well.

    BTW, the same action is being taken against the user who hijacked our brand on facebook.

    Thank you.
     
    FileSonic-IT, Feb 3, 2011 IP
  14. mike30

    mike30 Well-Known Member

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    #14
    Hello FileSonic-IT

    I know and understand all this legal issues. But now a question came to my mind looking at your reply.
    "FileSonic" can not be used as a user account anywhere? Is there any other user here at DP using it? Because you have "-IT" at the end of your username.
    Please, take me out of my doubt.


    Thanks....
    ~Mike
     
    mike30, Feb 3, 2011 IP
  15. dkp

    dkp Well-Known Member

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    #15
    Also please clarify this point bit further, if a user want to start a filesonic referral site or account on twitter, facebook etc for referring people to filesonic, what all kinds of account names are accepted without landing into troubles ?
     
    dkp, Feb 3, 2011 IP
  16. rabidvibes

    rabidvibes Active Member

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    #16
    It looks like he has never sent a tweet message
     
    rabidvibes, Feb 3, 2011 IP
  17. FileSonic-IT

    FileSonic-IT Peon

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    #17
    Guys, please relax. We're talking about two specific people who hijacked twitter.com/filesonic and facebook.com/filesonic. We just want our brand names on those two social networks back - that's it, that's all. I think that it's more than fair, as the owners of the brand, to claim possession of those two specific accounts. :)
     
    FileSonic-IT, Feb 3, 2011 IP
  18. xcollection

    xcollection Active Member

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    #18
    i did not hijacked twitter account. I register it my self for log time ago. After a long time why you need this account? I do not want you give it to you. Is there any problem if i do not use this id to publish any filesonic related link?
     
    xcollection, Feb 4, 2011 IP
  19. g36

    g36 Peon

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    #19
    it sucks when people use your name, but filesonic is not trademark, so technically people can use it. for example, dkp's blog is join-filesonic.blogspot.com. sending letter like the op posted there is against free will. if filesonic wants to make it trademark, register the name 'filesonic' in trademark office.
     
    g36, Feb 4, 2011 IP
  20. FileSonic-IT

    FileSonic-IT Peon

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    #20
    g36, refer to twitter and facebook's policies concerning brands (trademarked, or otherwise). Also, you should do a bit of research into registered/un-registered trademarking. As well as the Lanham Act. Interesting stuff.

    xcollection: you must return the account, as FileSonic is our brand. We will take legal action if you do not comply.

    Thanks
     
    FileSonic-IT, Feb 4, 2011 IP