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Went Hot: March 11, 2008 - 1:48 am
Posted By: theGypsy 481 days ago
Topic Type: News Story (Jump to http://www.davidnaylor.co.uk)
Category: Link Building
Dave Naylor - This is cool I used to have a vertical directory and just got a cease and desist from insurance.com, 2 things jump to mind, one there was no name on the email or telephone number, the return email address went to a non-specific domain not solicitors…
so is this a real C and D or someone trying to get links remove for insurance.com ??
5 Comments
Comments
First of all, whether it is real or bait, it is not a legal notification. So until Po Po is knocking, there would be no repercussions to face anywho..I think Id either let it ride or, if youre pressed about it, contact them the only way you know how and then eat a peanut butter and jelly sandwich. If they dont shut you down by the end of the sandwich, then youre probably going to blog another day. (copy paste, I was lazy)
what's odd is a friend in the industry thinks it might be REAL !!! ..
DaveN
How bizarre.
I didn't know that C&Ds could be sent via email and still be legally binding. I better run off and make a fake lawyer site, then mass mail all the affiliates who own the brand domains I want :)
Even if it was a small time website trying to avoid legal fees by trying a C&D on their own first, they'd still stick real contact details in there (even just an email address at that domain at the very least)... insurance.com seems like they're big enough to use solicitors on a regular basis, so why they wouldn't bother here is a mystery.
There's another indicator pointing to it being a fake, insurance.com actually has a legal page that talks about trademarks etc. http://www.insurance.com/aboutus/legalandlicensing.aspx#trademarks here's what they say:
"Insurance.com is a service mark of Insurance.com Insurance Agency LLC. and its affiliates."
Why would someone sending a C&D letter fail to even mention the name of the company that actually holds the trademark? Insurance.com Insurance Agency LLC isn't even mentioned, a little odd don't you think.
I can't see why you wouldn't ignore it... even in the 0.01% chance that it is legit, they'll need to get their solicitors to send you something a lot more official than that before it's even worth the response.