Author Topic: Cease and Desist Notice (FTAO those who run their own outdoors websites)  (Read 5140 times)

jimbob

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Maybe it's actually HIM in breach of YOUR copyright, and he's trying it on....
O0 Exactly my point. They've been doing this with music for a good few years now.
Too little, too late, too bad......

ninthace

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Harry, out of interest did the email come from the publisher or from the "Reverend" himself?  This may be useful  (the bold in the paragraph is mine), if they have not spelled it out and they keep it up, you may be entitled to a C&D of your own under the category of harassment:


Consequences of ignoring a C&DIf the infringing party does not comply with the cease and desist letter, or if they publicise it by sharing it on social media or any other public forum, you can make a legal claim and take the individual or organisation to court.
In cases of IP infringement or abuse, there are additional remedies that can be included in a cease and desist letter, such as allowing the infringing party to continue using the IP once a licensing fee is paid, for example. Importantly, the letter should be well-researched and carefully written by a qualified solicitor to convey the gravity of the request to the infringing party. Otherwise, there is the risk that it will be ignored and you will have to go to court to protect your IP right or to stop the offending behaviour, be it harassment or slander.
« Last Edit: 18:43:28, 31/08/19 by ninthace »
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barewirewalker

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You have my sympathy, having had unknown legal action pending over me is a heavy burden to bear. I suffered this big time on several fronts, maybe they were connected, I will never know. I my case I had really done work that was uniquely my own intellectual property and I had people blatantly copying my product. Around the same time a worthy bird protection group prosecuted me for infringement of wildlife protection law. Because my style of making cases for a popular product in pub decor, which I had invented, was being copied. There were those, who thought that they could cash in, by also making the displays that I was designing and manufacturing and at the same time report me to the protectionists, because I had triggered of work that appeared similar.

Pick the bones out of that; my advice is go carefully but do not give in. There are many villains about, some that the majority will see as whiter than white. Eventually I won my way through the court processes, and followed up by going around my customers, who were buying the copies of my product off my competition, by telling them that all the new designs would be coming from my workshop. So if they want the dog and not the tail, they know where to place their orders, it worked :D


Unfortunately the sad side is I suffered PTS, courtesy of a charity with a Royal proxy, withdrew from a more aggressive marketing strategies and the techniques I developed will probably die with me and not be passed onto other crafts people, who might be able to use them in new ventures.

Back to walking; The only written routes that I would merit with unique intellectual content must be pre-1949, because all others are gleaned from the OS via the definitive map, so surely the only additional content is the actual prose that is written. Open access must surely be open source, anyone is free to see a route and say follow me.


Beware of the 'holier that thou brigade'. They rarely believe in the good they are supposed to be doing, more out for the kudos they can pick up along the way.
 
« Last Edit: 19:03:43, 31/08/19 by barewirewalker »
BWW
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harry_keogh

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The letter is from the board of trustees, the john merrill foundation.

Mel

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....The specifics of these alleged infringements have not been given to me despite me asking for them, and they are saying that will send me the details only AFTER I've signed the agreement to take all infringements down....


Just had another thought re this ^^^^ ...


If you did sign this agreement, not knowing what the alleged infringements are, then that basically gives them carte blanche to invent whatever infringements they like, or, (like jimbob is saying) stealing your writings and passing them off as their own and possibly profiting from it.  By which time, you will be legally bound to remove any/everything you've written and maybe even have to pay legal costs.


It's a bit like handing out cash to a builder before he's built your conservatory....


Would it be worth having a chat with the Citizens Advice Bureau maybe?

No expense spared in pursuit of a bargain ;)
https://snailspacewalks.blogspot.co.uk/

Ridge

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Quote
1 Fraud
(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).
(2) The sections areó
(a) section 2 (fraud by false representation),
(b) section 3 (fraud by failing to disclose information),
(c) section 4 (fraud by abuse of position).


Fraud doesn't have to be for financial gain.
If they are making claims against you with no foundation in fact then I would say possibly they are guilty of 2a and, because they have the power to intimidate 2c.
Over hill, over dale. Thorough brush, thorough brier....
I do wander every where

ninthace

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The letter is from the board of trustees, the john merrill foundation.
  Google suggests that the foundation is basically the publisher of JNM's books.   This is confirmed by the Companies House entry which gives its business as book publishing.  The foundation was set up in March 2004 by a Mr Perseval as Director. He then resigned and JNM took over as Director in Apr 2004.   The foundation appears to have one other member - Sally Ann Powers who is the Secretary.   The foundation was set up to preserve the writings, photographs and work of John N Merrril as a Charitable Foundation.


Source https://beta.companieshouse.gov.uk/company/05066113
Contact details are here: https://beta.companieshouse.gov.uk/company/05066113/officers
Filing History: https://beta.companieshouse.gov.uk/company/05066113/filing-history
What they do, see pages 8 & 9 of the Incorporation document at the foot of this page https://beta.companieshouse.gov.uk/company/05066113/filing-history?page=2


Similar info here: https://suite.endole.co.uk/insight/company/05066113-the-john-merrill-foundation

« Last Edit: 21:46:58, 31/08/19 by ninthace »
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Ridge

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You could always phone him and ask why he has started this spurious campaign of harassment against you


https://www.thejohnmerrillministry.co.uk/Contact-Us.html



Over hill, over dale. Thorough brush, thorough brier....
I do wander every where

Mel

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Is that the same John Merrill?  :-\



No expense spared in pursuit of a bargain ;)
https://snailspacewalks.blogspot.co.uk/

Bigfoot_Mike

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Is that the same John Merrill?  :-\
It appears to be. The address is the same on both websites.

ninthace

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Is that the same John Merrill?  :-\
  Into walking and writing books about walking.  Both Rev'd.  Could be a coincidence?
Look at the picture at the bottom of the home page of the gentleman with a bike. https://www.thejohnmerrillministry.co.uk/default.html
compare with https://www.johnmerrillwalkguides.co.uk/
Either it is one and the same or he needs to send out another Cease and Desist  :)
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Mel

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Aye, I see that.  Just seems random.  One minute he's writing blogs and books about walking and the next minute he's a Reverend.  Surely a man of The Cloth wouldn't send aggressive emails to ultimately achieve financial gain  :-\   



No expense spared in pursuit of a bargain ;)
https://snailspacewalks.blogspot.co.uk/

jimbob

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  Surely a man of The Cloth wouldn't send aggressive emails to ultimately achieve financial gain  :-\
:2funny: :2funny: :2funny:
Too little, too late, too bad......

ninthace

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On his website he says  he was ordained as a multi-faith Minister - he is a universal monk, honouring and embracing all faiths and none.  He is not a Rev'd  in the C of E sense

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Ridge

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He has many strings to is bow. From the Haringey Advertiser 14/12/2011


Quote
FLYMO TURBO wheeled gar¨ den - vac blows, collects, shreds, excellent condition, three months old. £45. 01992 762 776
Over hill, over dale. Thorough brush, thorough brier....
I do wander every where