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Hi There
I am UK based and run a website and associated social media pages about a certain fizzy wine beginning with P. I have had everything running for 12 years. Just before Christmas I received a cease and desist via email not addressed to anyone, stating I have infringed the trademarked PDO and am passing off as them which is not true and I clearly state it is a fan website and page. I have worked and been paid my members of the PDO to promote their products on my website and socials. They are demanding I provide proof I have deleted the domain (which I don't want to do as they will most likely purchase it) and remove any reference to "P". They quote Article 103.
The letter has come from Poland, a company called E Brand. They have a note attached stating that they have the rights from their German head office to pursue cases - not on headed documents just a word doc.
I responded and said I have worked with their members and would like to work with their client for a solution, and they have ignored me and said I am misleading the public and that I must remove or they will contact the domain host. I did not respond and 2 weeks later they have forwarded the same reply.
"Considering the above, the violation is clear and obvious. You exploit the PDO using it on the domain and in general in the website content. This use is clearly misleading. According to the client's will, a complete domain changing and removing misleading content from the website and social media accounts is necessary. Please comply with our request so that there is no need to use more stringent solutions. Otherwise, we will be forced to communicate with Registrar/Host."
The above doesn't make sense as they want me to remove misleading content (there is none) and in the longer details the translation into English is not good - which makes me suspicious.
I have made little money from the site and don't have access to legal advice so any help would be greatly appreciated - and I can provide more info if needed.
I am UK based and run a website and associated social media pages about a certain fizzy wine beginning with P. I have had everything running for 12 years. Just before Christmas I received a cease and desist via email not addressed to anyone, stating I have infringed the trademarked PDO and am passing off as them which is not true and I clearly state it is a fan website and page. I have worked and been paid my members of the PDO to promote their products on my website and socials. They are demanding I provide proof I have deleted the domain (which I don't want to do as they will most likely purchase it) and remove any reference to "P". They quote Article 103.
The letter has come from Poland, a company called E Brand. They have a note attached stating that they have the rights from their German head office to pursue cases - not on headed documents just a word doc.
I responded and said I have worked with their members and would like to work with their client for a solution, and they have ignored me and said I am misleading the public and that I must remove or they will contact the domain host. I did not respond and 2 weeks later they have forwarded the same reply.
"Considering the above, the violation is clear and obvious. You exploit the PDO using it on the domain and in general in the website content. This use is clearly misleading. According to the client's will, a complete domain changing and removing misleading content from the website and social media accounts is necessary. Please comply with our request so that there is no need to use more stringent solutions. Otherwise, we will be forced to communicate with Registrar/Host."
The above doesn't make sense as they want me to remove misleading content (there is none) and in the longer details the translation into English is not good - which makes me suspicious.
I have made little money from the site and don't have access to legal advice so any help would be greatly appreciated - and I can provide more info if needed.
