APRIL 2007: PIPEX ISSUES ULTIMATUM, THREATENS PROCEEDINGS AGAINST 90 YEAR OLD GRIPE SITE OWNER, ALFRED DONOVAN
EMAIL RECEIVED FROM: David Blackwell [david.blackwell@pipex.net]
13 April 2007
Without prejudice
Dear Mr Donovan,
We note that you have registered the domain name, (www.pipexcommunicationsplc.com) that uses the PIPEX trade mark.
The registration of this domain name is an infringement of the PIPEX trade mark and we request that you transfer the domain name to us. We will reimburse the costs and expenses incurred.
We will instruct our lawyers, SJ Berwin LLP to file complaints against you with the World Intellectual Property Organisation and Nominet in the event that we cannot resolve the above issue by Friday 20th April 2007.
Yours sincerely
David F Blackwell
Group Commercial & Credit Risk Manager
PIPEX Group of Companies
Ddi :01296 300078
Fax:01296 615492
Mobile:07779 312496
This email is subject to: http://www.pipex.net/disclaimer.html
EMAIL RESPONSE FROM ALFRED DONOVAN, ALSO ON 13 APRIL 2007
Dear Mr Blackwell
I acknowledge receipt of your email. I would draw your attention to the landmark decision by the WIPO (link below) in parallel circumstances – an entirely non-commercial gripe site using the precise plc name of the public company (Royal Dutch Shell Plc in that case) which is the subject of the gripe. Shell cited hundreds of Shell trademark registrations in making their alleged trademark infringement claim. A three person panel of eminent experts led by an Intellectual Property Law Professor, ruled unanimously in my favour.
The WIPO link: http://www.wipo.int/amc/en/domains/decisions/html/2005/d2005-0538.html
Another related informative link: http://en.wikipedia.org/wiki/Royaldutchshellplc.com
Shell did not bother to appeal. My son and I have been operating gripe sites for many years mostly aimed at Shell. We have never sold or attempted to sell any domain name to Shell or anyone else. Gripe sites provide a low cost way for ordinary consumers to publicise legitimate grievances against errant companies. Your email is proof that my efforts have made an impact at Pipex.
Your company cost me a great deal of time and money because of the lack of interest in rectifying the fault which kept putting the www.royaldutchshellplc.com site out of order (the domain name used originally). I also suffered a huge amount of frustration as is evident from the correspondence file published on the site.
As you are aware from the correspondence (if anyone has bothered to read it) I had teams of people outside the main offices of Shell in London and The Hague distributing leaflets promoting the website. That all turned out to be a complete waste of money when the website went down for over a week because of the reoccurring fault which was not fixed for several months.
I was also charged money for services not provided. I was charged 50p per minute for the telephone support line service when your staff had all gone home. Pipex used outright deception in regards to the support line charges. You continued to charge me for the website when it was down for several days at a time. My requests for refunds were ignored. This is all detailed in the correspondence.
Your company made my life a misery for several months. I sent countless faxes to Mike Read, your Chief Executive, without ever receiving the courtesy of a reply from him. Hours and hours spent on drafting the letters and emails, week after week, month after month. All the time spent on phone calls, listening to the boring recorded messages while waiting, in the often forlorn hope of actually speaking to an intelligent human being at the end of a long wait – and charged 50p per minute for every exasperating minute. Even when I did get through to a staff member, there was no satisfactory response.
I would welcome the opportunity to publicise these matters further so that people contemplating using your companies services are warned against doing so. In my experience, your service stinks. Pipex was the worst company which I have had the misfortunate to come across during my entire business career.
It has turned out that mine was far from being an isolated case. Your company seems to hold the world record for the number of gripe websites set up to publicise grievances against it. All of the relevant parties were so upset and thoroughly dissatisfied, that like me, they spent time and money to launch gripe sites.
I am a reasonable individual but I am not prepared to put up with companies who treat customers with such utter contempt. What should be of concern to Pipex is not the use of the domain name in question, but dealing with the serious service flaws which are creating such a dreadful reputation for your company. Who would want to takeover or merge with Pipex Telecommunications Plc under such circumstances? Your share price must be suffering. However I may buy a few shares so that I can attend your AGM and speak during the Q & A session.
I note the intention to file proceedings on 20 April, which happens to be 2 days before my 90th birthday. It would be an interesting story for the news media – litigation brought in such circumstances by a public company against a decorated 2nd World War veteran/pensioner. My guess is that it would turn out to be a highly counter-productive move.
Regards
Alfred Donovan