I found this in our archive. Many providers in the market either don't have SLA's or are not setup as a protective entity: LLC, S Corp., C Corp., etc.
Even though this real claim below against us would have lost in court, it should be a wakeup call to anyone running under a non-protected legal entity....
Jim Robinson, Peak Backup LLC
Online Backup Software
- - - - - - - - -
Gentlemen,
It was brought to my attention today by our corporate attorneys that you are disseminating misleading, inaccurate, and potentially damaging information about our company and products via your website.
The page in reference is located here:
[Peak Backup LLC url removed]
[approaching company name removed]
While we understand your business model, we don't understand why you would intentionally try to 'unsell' our software as compared to your service or reseller program - as we do not offer remote backup services to end users in any capacity.
What we do understand is that you are deliberately misrepresenting our product and its capabilities - perhaps in an effort to defame our company, deliberately and intentionally confuse the marketplace, disseminate false and misleading information under the guise of competitive intelligence, interfere with our business practices, and/or to interfere with our ongoing business relationships.
You are hereby notified that if the offending page is not permanently removed from your website within 72 hours, we will seek (and obtain) an injunction to bring the site down permanently. Our subsequent litigation will involve all parties associated with your business and website, including your 'parent corporation' [Name removed].
I will expect a reply to this email in short order which details your course of action. I would also appreciate contact information for your corporate attorneys, or whomever you call your legal representative.
I am not seeking a debate on the finer legal points of this matter, nor will I engage with you in any discussions about this matter as per the advice of counsel. I am only interested in your full and immediate compliance with this cease and desist demand, or in obtaining full contact information for your legal counsel. The rest, if needed, will be worked out in a court of law.
Best regards, and have a great day.
[approaching company name removed]
