Saturday, April 05, 2008

Dear Fake Tillerman

Dear Fake Tillerman,
We are writing on behalf of our client, Real Tillerman, who is the owner of the Google username: Tillerman.

Our client possesses rights in the username Tillerman in connection with sailing blogging and is concerned that your use of the Tillerman username as a blogging persona could cause confusion with the username of our client. Our client's concerns have been confirmed and the problem has become acute, as our client has encountered several instances of actual confusion. As a result, we demand that you immediately cease all use of the username Tillerman as a blogging persona and as a username.

As explained in his previous blog post, our client is a sailing blogger who has been using the Tillerman username since at least as early as February 2005. A recent review of your blog reveals that you are using our client's username to promote your own sailing blog.

Our client has encountered several documented instances of actual confusion. For example, we are aware of at least two instances of actual confusion related to Tillerman. In one instance, Tillerman's own son expressed confusion about the authorship of your blog. Due to the actual confusion between our client's blog and your blog, your use of the username Tillerman is causing irreparable and significant damage to our client's current and future use of his username.

Accordingly, on our client's behalf, we demand that you and your company, including, without limitation, all subsidiaries and affiliates, immediately and permanently cease and desist all infringing use of the Tillerman username, and of any username or term that is confusingly similar to the Tillerman username.

In addition, we demand that you undertake affirmative steps to correct existing confusion, including, without limitation, a statement on your blog, and the blogs of all your affiliates, that your blog is not associated with that of our client.

Please provide us with written assurances by 11 April 2008 that you have complied with these demands.

If we do not receive such assurances by the aforementioned date, our client will pursue all rights and remedies available to protect his intellectual property rights, including, without limitation, seeking injunctive relief, attorney's fees and treble money damages. This letter is sent without prejudice to those rights and claims, all of which are expressly reserved.

Sincerely,
Micheál McMuckity Esq., Attorney at Law
Stutter, O'Lemon and Swish

PS. Only joking Dan.

4 comments:

Turinas said...

You're losing man! This is very funny. It's an easy thing to happen. I started my blog on a whim and about 2 months later I wondered if anyone else was using the same moniker, only to find that there is a magazine called Messing about In Boats. They have a web site but don't do much with it. I did a psot about it http://messingaboutinboats.typepad.com/sailing/2006/10/i_am_a_muppet.html

Tillerman said...

Did you say I'm losing or I'm losing it?

Turinas said...

losing it. got a new keyboard

PeconicPuffin said...

I don't know if you're familiar with National Public Radio's "Car Talk" but their legal representation (Dewey Cheatham and Howe) may be up to the task.

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