Need Advice please re agreement from solicitors

[leilani]

Can those who are familiar with legally binding documents please look over this agreement?

 

 

I am meant to sign by 23rd Jan.

 

 

I am uncomfortable with the whole issue,

 

 

but even more with the agreement as it appears to have commas in which I always understood could lead to ambiguity.

 

I have also included previous correspondence on the issue.

 

Would appreciate advice,

 

 

many thanks in advance.

Edited January 19, 2015 by leilani
Seems to be duplicating

[Conniff]

The original is a Ltd company and has been up and running since 2010 whereas you registered in 2013. It would appear as if you are trying to use a similar name so you can gain business from the original Ltd company.

 

 

There have been many cases similar to yours go to court and it is very rare for the original owner to lose.

[steampowered]

I have taken a look at the undertaking for you and it looks clear to me. I can't see a problem if you agree not to use any domain name including the word "trust" in connection with sitting services.

 

The use of commas seems fine - commas can give rise to ambiguity when used carelessly but I don't think there is any ambiguity in this case.

 

Personally I would delete the words "for passing off" in the second paragraph - this should cover all claims, not only passing off claims (to be fair I'm not sure what other claims there could be but better to be comprehensive).

 

I would also replace "High Court of Justice" with "courts of England & Wales" since I don't think that all possible claims would necessarily fall under the jurisdiction of the High Court.

 

I would also add a signature block for the claimant saying "Accepted and Agreed ... Signature ... Name ... Date".

 

To be fair, I don't think these changes are essential and on balance I would probably just sign the damn thing.

[leilani]

Thanks for Steampowered and Conniff, as 3 of the documents have been removed, not sure your getting the full picture. Only mine left.

 

Beginning to dislike this site, shall not be guiding people to here any more.

 

Please remove my account.

[Conniff]

I don't understand what you mean by documents having been removed Leilani ?

[citizenB]

leilani, the only person who has removed any documents is yourself - that is evident from the edit comment you made in the first post where you state it "seems to be duplicating".

 

All your documents appear to be in the one pdf and I cant see anything missing.

 

If you wish I can close the thread for you, but I fail to see why you would want this.

[Bandit127]

The solicitors letter seems to lack precision but is clear in its intent. If you sign you would be precluded from appending the word TRUST to any other words (or combination) that refer to sitting services.

 

So you could use trusted-dogwalking, trusted-house-cleaning. But not trusted-house-sitting-uk for instance.

 

The fact that you have selected exactly the same name, but with a .co.uk instead of a .com TLD makes me think that this will end poorly for you if it gets to court.

 

I don't see anything objectionable in the letter. Personally I would sign it and transfer the domain and use the money to purchase a new domain with an imaginative name that avoids the word trust and that nobody else has the .com equivalent for. Anything else risks a fair bit of stress and possibly a hefty costs bill if you lose.

 

Sorry that this may not be what you want to hear, but it may be better to take the compromise at this point and move on.

[dx100uk]

Thanks for Steampowered and Conniff, as 3 of the documents have been removed, not sure your getting the full picture. Only mine left.

 

Beginning to dislike this site, shall not be guiding people to here any more.

 

Please remove my account.

 

 

you posted 4 single page scans of 3.4mb each

they were merged into one 4 page doc of 200kb

 

 

all the pages are there

 

 

large files make downloading very slow

 

 

dx

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