Well written Robert.
Any idea where this lawsuit ended? (or hasn't it?). It was in the Real Estate arena - but
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Excerpts From the ePerks Cease and Desist Letter:
Your blogs create the false impression you are inviting comments from legitimate ePerks customers, when the truth is your only goal is to cast ePerks in a negative light for personal gain. In that regard, your blogs deceptively fail to inform the reader that you are motivated by an undisclosed proprietary interest in an ePerks competitor.
We have determined that our damages as a direct result of your activities are in multiple hundreds of thousands of dollars. Such substantial money and brand name damages can no longer be tolerated.
You are hereby instructed to promptly do the following: (1) shutter and prevent access to all blogs with any ePerks reference or content; (2)remove any record of their existence; (3) terminate any links pointing to any blogs that reference ePerks; and (4) cease and desist from any and all current and future digital, print, Internet or verbal reference to ePerks.com or Brabus Venture Corporation. This includes closing down your January 28, 2008 blog that continues to direct readers to your previous remarks and postings. We demand that you complete these actions immediately, and in no event later than five days of this letter. Your failure to comply will result in prompt legal action, including, but not limited to, a claim of money damages and appropriate restraining orders.
We will be closely monitoring your activities. Brabus Ventures Corporation continues to reserve any and all rights under the law, including the right to pursue any and legal remedies against you, your employer, your clients, and/or your web host. Should you have any questions or comments about the contents of this letter, please contact the undersigned.
Any resistance to our demands will be met with swift and decisive action.
We will be closely monitoring your activities.
ePerks fails to name the competitor that Vlad has a “proprietary interest” in and fails to make any connection between Vlad and any such competitor.
CEO, Ben Behrouzi later followed up with this email:
“I have no idea what you just did but clearly your mind shifts like the wind. I have now made my effort to work outside of the legal system and have no regrets with the suit that we will file shortly, which will stay in California for various reasons you’ll be made aware of by the way.
At this point any and all of your activities are being recorded by the watchful eyes of our legal team for use in assessing damages.
At this point I am ending your conversations on proposals, as this avenue and conversation are now over.” - CEO, Ben Behrouzi
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