Domain name legal actions and protection

Particular case, can't find resources, I will appreciate help on this

[explorador]

Hi there, couldn't find anything to solve this question, I will appreciate any help. According to this forum policies I've replaced the specifics with generics like "widgets" that FIT the problem. Thanks in advance.

A friend has a site about problems with "WATER", being "water" the brand-family of products for computers, very popular brand. The site focus on:

• Reporting problems with "water"
  
• HELPING the users to keep the "water" clean
  
• it features articles and advice on how to improve and prevent problems with water
  
• The logo of water appears on the website, intact, not modified or in bad ways
  
• the site is in spanish
  
• there is no bad attitude to the brand, in fact is helpful
  
• the site doesn't generate any profit, doesn't even have adsense or any kind of ads
  
• the site has little traffic, about 300 unique per day
  
• The name of the site derives from "WATER" as "WATERMELONS"

A lawyer sent a letter with a "cease and desist" for the site to STOP using in bad way the brand and logo, and stop making profit of it, or else aggressive measures will be taken. After researching it appears the letter is legit.

My friend sent a letter back to them only asking to please write in spanish as he cannot understand the letter. They never answered and instead sent a second letter stating "they didn't have response from my friend" (even as he did answer).

They also state that, if by XX date the site is still up, they will take legal actions against him as they are already authorized to do so. And demand him to shut down the site and TRANSFER the name to them.

As I stated before, it seems legit, coming from a certified email account of a legal firm (not gmail or anything like it). The site is not bad against the brand, even so, they are not assuming... they are ACCUSING him on damaging the brand and also accusing him of making profit out of it in a bad way and "not answering their email".

None of that is true.

The problem is WATER (brand) MELON .com.

I have found several examples of sites using recognized brands combined with "-sucks.com" and they still exist. (.microsoftsucks.org) per example (remove link if inappropriate, is just as aprecedent)

Any help and advice will be appreciated. Thanks.

[Leosghost]

The problem is the logo ..( because it is unchanged ) adapt the logo ( caricature ) ..and adjust the site to the point where it can be considered a review site ..then tell them " bring it on " ..EU and Spanish freedom of speech laws etc will be your friends /firebreak ..

As to the mails ..if he replied in Spanish concerning a Spanish site ..and has his email logs ( even better if he has recorded delivery snail mail receipts ? ) then he has legally replied ..

Also get in touch with some EU consumer group organisations and the EU consumer protection services " competition commissioner"..let the "lawyers" know that ..

You could also mention to them that any correspondence will be not be considered "privileged and confidential" by your friend and that the exchanges of mails etc may be published on your friends site ..

[edited by: Leosghost at 9:57 pm (utc) on June 4, 2009]

[explorador]

Thanks for the advice, very very interesting, will do.