Open letter in response to a hostile C&D shotgun email from a random company that I’ve never heard of about a trademark that they filed last year (eight years after we incorporated–welcome to the interwebz!). Maybe it’s the Irish in me. Maybe it’s the indie. But I’m having a hard time taking this seriously. Are they going to sue us for half of the NET LOSS that we suffered last year?
From: Ramis Budak [mailto:email@example.com]
Sent: Tuesday, 23 August, 2016 01:45
To: Glacier Peak Games Info
Subject: Trademark Infrigement
To whom it may concern;
Peak Games is an online social and mobile gaming company and it owns, among others, U.S. and international trademark registrations and common-law rights in the mark “PEAK GAMES” and other PEAK-formative marks, including U.S. Trademark Application Nos. 86/556,411 and 86/556,416 and International Registration No. 1090917.
We noticed that you have been using, without any authorization, our trademark in your domain name (http://glacierpeakgames.com/ ) and on other third part website. This is a clear trademark infringement and we ask you to cease any and all current and future use of the mark PEAK GAMES in relation to your services as soon as possible. If we do not receive a favorable response from you on or before 5th of September, we will take legal action agains you and your use of our trademark.
Peak Games Legal
You’re mistaken. I know English is hard, but “Glacier Peak” has nothing to do with your company or your alleged mark. Also, please consider the use of spell check in future correspondence. It’ll make you seem a little more professional.
Glacier Peak Games, named after the Glacier Peak volcano in Washington, was incorporated in 2008 and has been continuously operating since then—just ask the IRS. We have published books and games in various marketplaces, including Amazon.com, under this name years prior to your ill-considered filings. Perhaps you should have done a more thorough search prior to filing for so general a mark?
On or about Labor Day (Monday 05 September 2016), I will be in Denver. As the challenged party, I choose pistols at dawn. Have your second call upon my second to arrange the particulars for our duel.
May God have mercy upon your soul.
p.s. In all seriousness, if you’re that concerned about the prospect of infringement, you’re welcome to buy my company, brand, or domain names. =) $100,000 US O.B.O.
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