Legal Offers To Settle – Part Deux

September 4th, 2012 · 1 Comment · Landlord Rescue Trademark

So people here is an example of a trademark dispute resolution written by an asshat. I’ve taken the liberty of annotating it to point out why I (nor anyone with a brain) could not sign it.

 

Undertaking and Release

 

Rachelle Berube
doing business as “Landlord Rescue”

(hereinafter “Berube”)

and

1281539 Ltd.
16904 – 111 Avenue
Edmonton, AB T5M 4C9

doing business as “Landlord Rescue”

 (hereinafter “#Co”)

            Whereas Berube and #Co both are doing business as “Landlord Rescue” ;

 

And Whereas both Berube and #Co adopted the trademark “Landlord Rescue” in good faith, without knowledge of the other;

I don’t believe this statement, I have never for one second thought that #Co, namely Jared Hope & Patrick Francey, adopted the name “Landlord Rescue” in good faith. Regardless of if they did or not, I certainly am not competent to sign any document which says I knew anything about their state of mind or actions in the past when I didn’t know them. 

A good argument could be made that they certainly should have known of my existence and that a simple google search would have revealed my existence. Considering that they bought the website Landlordrescue.com it’s kind of hard to believe they didn’t know of my existence, especially when they copied my logo as well. 

And Whereas discussions took place regarding the possibility of co-existence, but the parties were unable to arrive at an agreement;

Actually they failed for two reasons, the agreement you sent me Jared was not what we discussed. I work a fairly large geographic area already…I’ve worked in Kitchener, Oshawa and as far North as Barrie. Limiting my business to the very small Metro Toronto Area would be impossible. Our discussions included the word Ontario which is a province not a city. 

The agreement was inherently illegal because we are in the same business and we have an identical name. This is confusing to customers and leads to error as is very clear from the amount of your misdirected calls and emails I’ve been getting. 

And Whereas Berube is presently opposing Trademark Application 1498820 for the Trademark Landlord Rescue which was filed by #Co before becoming aware of Berube;

I couldn’t sign this because it is my belief that this is a complete lie and I don’t sign documents with lies on them. 

And Whereas Berube has filed her own Trademark Application 1530403 for the Trademark Landlord Rescue, which is currently being blocked by the prior Trademark Application filed by #Co;

And Whereas Berube has demonstrated that her use of the Trademark predates that of the #Co;

See now you’re cooking with fire… I was here first. Sharing the name I invented and made famous with a bunch of yokels like Jared Hope and Patrick Francey sounds as thrilling as wisdom tooth extraction.  I also love getting telephone calls from irritated landlords who want to sue “Landlord Rescue” meaning #Co

And Whereas in order to resolve this matter #Co has agreed to make a transition to a name that does not include the words “Landlord Rescue”;

How nice of you to make the transition to another name now that I’ve spent thousands on lawyers making you. How generous. I’m all pink with joy…

 The parties have, therefore, agreed as follows:

  1.  Within 7 days of the execution of this agreement by Berube, #Co shall send a letter to CIPO abandoning Trademark Application 1498810.
  2.  On or before December 31, 2012, #Co will have completed a transition to a new name which does not include the words “Landlord Rescue” and will at that time cease and permanently refrain from using a business name that include “Landlord Rescue”.
  3.  Subject to the provisions in paragraph 8, on and after December 31, 2012, #Co will not to use in any advertisement, web site, social media site,  trade?mark, corporate name, business name, promotional event or design that is likely to be confused with, or have the effect of depreciating the value of the goodwill attaching to, the trade?mark “Landlord Rescue”.
  4.  Subject to compliance with the terms and conditions of this undertaking, Berube does hereby release #Co and all persons associated with #Co from any claim or claims whatsoever regarding use of the Trademark.
  5. #Co acknowledges that should it fail to abide by this undertaking by continuing to use a name including the words “Landlord Rescue” after December 31, 2012, that Berube will suffer irreparable harm that is not capable of being compensated by damages and Berube shall be entitled to apply to the Court for an injunction in order to force compliance with the terms of this Undertaking Agreement.
  6.  Berube agrees to cease posting any further comments what so ever on her blog site or any social or print media with regards to Jared Hope, Patrick Francey, or of their related business effective immediately, and to remove any existing references from her blog sites with regards to Patrick Francey Jared Hope or their past or present businesses.
Uhmmm no, nope, guess what, I reserve the right to tell the entire world, past, present and future what a bunch of dishonest businessmen Jared Hope & Patrick Francey are. Even when they are caught red handed, they continue with their bad behaviour. I keep talking about it they keep behaving badly. 
  1.  Berube agrees to limit any further comment on her blog site or any other blog site or social medial regarding this settlement to the following: “I am pleased to advise that the dispute over the Landlord Rescue name has been respectfully resolved, with the other party agreeing to change their name.”
HAHAHAHAHA
  1. In order to facilitate the transition, #Co shall have a limited right to redirect traffic from their old website of   www.landlordrescue.com to a new website.  This right to redirect traffic shall end on December 31, 2013.

 Yah I don’t think so…

 

 

photo by: L. Marie

Tags:

Get Your Free Landlord Documents Now! 

One Comment so far ↓

Leave a comment