Feedback From TC
Name: TC McDougall
Message: I have just finished talking to Jared and we clarified all our issues. It was an overreaction on my part to send the last email, I thought he was kicking us out. I’ve never really met him and never actually talked to him about getting things fixed. Now having had an actual conversation with him he’s not such a bad guy.
Where Have I Heard This Before?
Ahh yes I remember where I heard this before, Marjo Johne of the Globe told me what a nice, reasonable guy Jared was and I actually called him and we talked for a long time about how to resolve our issues. It was a warm and fuzzy time which led to high hopes of not having to lawyer up. Of course none of the warm fuzzy stuff came to pass and eventually I wrote this blog post called Hey Jared Where’s the Paperwork? where I “GASP!!” ask him to do what he said he would do.
After that blog post he did manage to find his phone to call me and he was very upset and there were no warm and fuzzies anymore. I would have been very scared of his loud voice if I was frightened of wankers. `
As a result of our less friendly conversation that day, this coexistence agreement was sent to me.
COEXISTENCE AGREEMENT, dated as of this day ___ of May, 2011, by and between 1281539 Alberta Ltd, an Alberta corporation (hereinafter “Numbered Co”) and Rachelle Berube Toronto, Ontario, M1J 3G6 (hereinafter “Berube”)
WHEREAS Numbered Co is the owner of Canadian Trademark Application No. 1498820 for the mark LANDLORD RESCUE for “property management services” and offers a unique a la carte property management service where property owners, through a website landlordrescue.com, can:
• learn about and select the forms of assistance they need
• Find information and tips about being an effective landlord
• Access information about all aspects of owning single family or multifamily investment realestate
• Use as a resource directory for approved associations
• (the foregoing list being representative and not all inclusive)
AND WHEREAS, Berube has been offering conventional property management services to some clients in the Toronto area, using a website landlordrescue.ca primarily as a ‘blogging’ site
WHEREAS, the parties have been in communication regarding ways to co-exist without confusion and have elected to enter into a coexistence agreement;
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt of which is hereby acknowledged, the parties covenant and agree as follows:
1. Numbered Co agrees to a coexistence agreement with Berube, upon the following conditions:
a. Berube shall limit the provision of property management services to the geographical areas she is currently servicing, namely: Metropolitan Toronto; < This is a very small area and was not even close to what we discussed. I was happy with Ontario.
b. Berube shall use the landlordrescue.ca website merely as a blogging site;
c. Berube shall remove from the landlordrescue.ca website all of the comments regarding Numbered Co and persons associated with Numbered Co; and shall refrain in future from posting on the landlordrescue.ca website comments regarding Numbered Co and persons associated with Numbered Co; < I wasn’t exactly feeling this either because in my opinion blogging about their bad behaviour is the only recourse that has worked at all.
d. Berube shall post on the landlordrescue.ca website landing page(s) the following statement:
“the activities of landlordrescue.ca are limited to the metro-Toronto area and are not associated with landlordrescue.com”. < Too funny I’m not the one being sued and running an unlicensed property management company.
2. Should Berube decide to transition to a different name and divest herself of the landlordrescue.ca website, Numbered Co shall have an option to acquire the landlordrescue.ca website for an agreed upon priced of $3500.00. Provided that should Berube elect to transition to a different name and divest herself of the landlordrescue.ca website within an 18 month period of the date of this agreement, the agreed upon price shall be increased to $5000.00.
3. Should Berube change the use of the landordrescue.ca website, the change of use will trigger the purchase option in paragraph 2.
4. Berube agrees to the provisions in paragraphs 1 through 3 and undertakes to operate the landlordrescue.ca website and her property management operations in good faith within the terms of this co-existence agreement.
5. The parties agree to take all reasonable steps necessary to avoid and eliminate any instance of confusion if such instance should come to the attention of either party.
6. This Agreement constitutes the entire agreement between the parties concerning the submit matter hereof and may not be amended, modified or cancelled, nor may any of its provisions be waived, except by the written consent of the parties.
7. This Agreement has been entered into in, and is to be governed by and construed in accordance with, the laws of Canada.
8. All notices or other communications to be sent under the provisions of this Agreement shall be sent by email to the email address posted on the respective websites landlordrescue.com and landlordrescue.ca.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by settling their hands and seals hereto as indicated below.
Reading This Over A Year Later…
I’m happy I went ahead and opposed the trademark application and that they failed to make their case and the entire thing fizzled out like last year’s firecracker. Frankly it just feels better because WTF they stole my business name from me. I would like to crush them crush them like a cockroach on principle. Signing this agreement above would have been wrong on so many levels.