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I have bad news. Upon waking up this morning, i have received a pm from VMC Systems. We will have to make a new sub reddit. AakPlsGib will be shut down. I also have 24 hours to legally change my name :( The person did provide proof and it is legit.
we need a new name for our new sub and a new name for me. Please give us your ideas. we will hold a contest and the winner will get a special tag, a game, and recognition.
**Letter I received as follows. **
31/03/2016
VIA PM
Mr. Aakash Masani Aak Pls Gib https://www.reddit.com/r/AakPlsGib
Re: Infringement of Trademark Rights of VMC Systems.
Dear Mr. Masani: This law firm represents VMC Systems. (“Aakash”) in connection with its intellectual property rights. Your use of Aak is a violation of VMC Systems’ common law trademark rights, common law service mark rights, and trade name rights, and this letter constitutes VMC Systems' demand that you cease and desist any and all use of these domain names. You should immediately forward this letter to your attorney.
VMC Systems is a privately owned business offering digital products to consumers in the entire world. VMC Systems was registered as an Indian corporation in august 2012 and has continually used “Aakash” (the “Marks”) throughout the world as its brand name since that time. Since its incorporation, VMC Systems has continually used the Marks in advertising campaigns and in the community, including through its website athttp://www.akashtablet.com/ which VMC Systems registered on august 1, 2012. In addition, VMC Systems has been actively involved in the community in its efforts to further promote its brand including its sponsorship of various events. As a result of these efforts, VMC Systems' customers, and the general public, have come to recognize VMC Systems' as an established and successful digital distribution business.
Recently, VMC Systems became aware of your use of the Aakash names, which caused confusion with customers. Under Indian, common law trademark infringement occurs when a party utilizes a trade or service mark that creates a likelihood of consumer confusion. As you are undoubtedly aware, your sites name is exactly the same as VMC Systems' Marks.
Because of your use of these url, VMC Systems has already witnessed actual confusion in the market. The following incidents occurred during our diwali sales.
In just 5 months, VMC Systems has received a number of reports of actual consumer confusion. This presumably represents a small portion of consumers who are confused but never take the time to find another way to contact VMC Systems and report the confusion caused by your use of the sites acronym.
VMC Systems has several options under Polish law to enforce its legal rights in the Marks. If VMC Systems were to file a lawsuit against you, it would be entitled to seek: (1) preliminary and permanent injunctions; (2) actual monetary damages; (3) disgorging of any profits you have realized through your use of the Marks; (4) reimbursement of attorney’s fees required to prosecute a lawsuit against you; and (5) monetary damages for damage to VMC Systems' goodwill in the market.
Please be advised that VMC Systems will undertake all appropriate steps to protect its Marks and its associated goodwill. You can avoid legal action by immediately ceasing and desisting from any and all infringing activity including use of the https://www.reddit.com/r/AakPlsGib. You must cease and desist all promotion and/or marketing of digital services on the site. You are hereby put on notice that VMC Systems and I will be monitoring your use of these domain names for this purpose. Additionally, you must execute a copy of this letter and send it to this firm within seven (7) days of the receipt of this letter. I recommend you consult with an attorney before taking any action.
If you or your attorney have any questions, please feel free to contact me.
Sincerely,
NAmes blanked out to protect privacy
CC: VMC Systems
I have to sign the following.
I, Aakash Masani personally and on behalf of AakPlsGib, agree to immediately cease and desist from any and all further use of https://www.reddit.com/r/AakPlsGib and APG. In the event this agreement is breached by me or AakPlsGib, VMC Systems shall be entitled to costs, attorney’s fees, and collection costs related to any claims and/or action brought to enforce this agreement and shall be free to pursue all rights it had as of the date of this letter as if this letter had never been signed. I certify that I have the authority to enter into this agreement on behalf of AakPlsGib.
By: Dated:
Both individually and on behalf of AakPlsGib.
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