My jurisdiction is: Las Palmas, Spain
I am the author of a freeware software called DatePad (exisits since 2001). This software is for recording texts which are related to a date. A kind of notepad, mixed with a calendar.
There exists a dating site, also called Datepad (registered since 2008 i believe). The owner of this site send me this mail:
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I am the owner of Datepad Inc. which holds the international trademark rights to "Datepad". We have learned that you also distribute a piece of software using the same trademarked name, http://leiden365.nl/datepad which in most Google search results shows up below our site links.
The last thing I am looking to do is become involved in a legal dispute over this trademark infringement, what I would like at this time in order to avoid legal proceedings is to ask that you add a link to our site at the top of the http://leiden365.nl/datepad page. Simply stating "for Datepad Internet Dating" please click here.
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I would prefer not to add a link to this dating site, because it will not change the socalled infringement, and even worth, it will add my website also to dating related search results in google.
My DatePad is clearly different to the dating site, but since the software is freeware I did not register the name in any place. Am i at risk of procecution? I would appreciate any advice you can give me.
I am the author of a freeware software called DatePad (exisits since 2001). This software is for recording texts which are related to a date. A kind of notepad, mixed with a calendar.
There exists a dating site, also called Datepad (registered since 2008 i believe). The owner of this site send me this mail:
-------
I am the owner of Datepad Inc. which holds the international trademark rights to "Datepad". We have learned that you also distribute a piece of software using the same trademarked name, http://leiden365.nl/datepad which in most Google search results shows up below our site links.
The last thing I am looking to do is become involved in a legal dispute over this trademark infringement, what I would like at this time in order to avoid legal proceedings is to ask that you add a link to our site at the top of the http://leiden365.nl/datepad page. Simply stating "for Datepad Internet Dating" please click here.
-------
I would prefer not to add a link to this dating site, because it will not change the socalled infringement, and even worth, it will add my website also to dating related search results in google.
My DatePad is clearly different to the dating site, but since the software is freeware I did not register the name in any place. Am i at risk of procecution? I would appreciate any advice you can give me.
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