one thing i know about companies and c&s is that they don’t usually look to win the case, just to annoy, threat and bother the hell out of the other party that they finally had enough and close shop.
i dont know anything about copyrights in EU, but i hope this wont change anything at ELR.
Option 3:
Do contact VGOD and express the disappointment of the userbase of this site. Tell them about their facebook page rating dropping being seemingly related.
Also @daath, I probably would not answer the request. As we say in France if you cannot afford to deliver with recorded delivery, you cannot be expected to be read. If you do, I would only answer after having contacted VGOD directly.
If you wish to answer the trademark enforcement contractor, it should ideally contain:
them to provide a clear statement of the mandate they have from VGOD, followed by a passive comment that their letter is published and is garnering very negative feedback from the community and that you have contacted their expected customer about this.
state the fact that the site hosted in the Netherlands and that for all intents and purposes is legal under Dutch legislation
point that they seem to have not followed due process of ensuring their claims were substantiated, and that from their letter you have no clue what they are on about as the letter does not seem to match the purpose of this site.
the site is non commercial, and cannot in anyway be confused with an official VGOD website
no part of the site sells, appropriates or purposes itself in parts or as a whole using VGOD brand.
That you answer their communication as a courteous gesture, saving them the hassle of wasting time and money pursuing a case in error. That you would be glad for an answer retracting their previous statements but will expect that if no answer is received to this communication in 7 days, you will take this lack of answer as an admission of the error.
I would also insist in further communication to be made in the official language of the jurisdiction, IIRC Dutch if the site is in Netherlands.
Don’t hesitate to say that you are happy to clarify the matter in front of the relevant court of law and are open to corrective action on the site if they can detail a particular point of concern, but that as you are convinced that as you are not in any way misusing their trademark, you are entirely opposed to any kind of settlement.
How long was that list of recipes? I only found 13 plus one titled V-v god or something which was on the front page and consists of 50% fuck you and 1% Wow.
Did they get private recipes by scraping? Can you counter threaten them for that?
Just gonna leave this here and congratulate Yellow Brand Protection, on protecting the VGOD brand, GOOD JOB GUYS and yes i do expect your highly advanced software to highlight this post when scraping this forum.
Let me quote your video “brand damage are significant even irreversible”, a shame that VGOD had to learn that the hard way using a company that was supposed to protect their brand.
I wonder if Yellow acted automatically or if they ran this by VGOD before sending out the threats. Either way, it’s an expensive lesson for them all to learn.