Looks good to me. I would ask them to just clarify their stance though. I.e send a proper waiver to any objections, including domain name etc...
To this layperson it sounds like you have permission..
Keep the email. Reply to it with an assuring "Thank You".
And re-introduce the verbiage with the hopes a second.
Reply will reinforce the first e-mail.
At some point I would suggest something in writing to.
Protect all parties. This is the "sticky wicket" in that.
"they" might bring the issue before their council. If you.
Own the name based on the permission and use then their.
Council might just let it go .... but if the name is.
Available I'm almost certain any adviser will err on the.
Side of caution and suggest their client not allow the use.
I like the idea of presenting the option to the TM holder..
I think this weighs in on your side. It's an act of "good faith".
However ... asking for something in writing might spook em.
Good luck and let us know how it goes.
* I am not a lawyer and do not offer legal advice. Please.
Seek legal council to better understand your situation...
Keep their mail reply and go for it.
Just make sure you stay away from the fields you've said you will, even as a subsection.
If this is your complete letter to them and there complete reply then I cannot see any mention of them saying they would not pursue any infringement of there TM... They are both far to vague ?
Your letter to them should have the direct points to which you require answers.
E.g. would they legally challenge your use of the name, stipulate your exact use of the domain etc etc Their reply There reply back is far too vague&(they nearly always put in retrictions so that there is no doubt either way should it go to court..? No court would suggest that this is an endorsement on the companys behalf (There is not any name on there reply) merely that they know that they cannot stop you registering the name&.
If you believe there answer and your letter are fine then copy the email print, date, sign, and have witnessed. But unlikerly to be admissible in court... unless it has a digital signature? Does the email have one ?If so is it a company or indervidual& The Digital signature provide non-repudiation, meaning that the signer cannot successfully claim they did not sign/send the message.
In the usa it's Section 7 legal recognition to electronic signatures, records and contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in it's formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law...
The email have the Company's Logo with Company Employee name (who sent the reply) as a signature mark(at the end). The email have CASE NUMBER which is unique. I contacted them through the website feedback page. The CASE NUMBER is automatically assigned to both emails(one I sent and the other I got from them).
The problem is that they live in different country, so it's difficult to get written permission. Post added at 10:46 AM Previous post was at 09:27 AM *XXXX is a dictionary word..
Just reply them saying "thank you blah blah blah".
Its better to get a letter or some thing But asking them a letter might spook them.
Im not a lawyer you might get better advice from them...
Save both a digital and physical copy of your correspondence including the headers of each email...