David Raynes

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April 30, 2005

My first C&D letter

I appear to have reached the next level of software developer-dom. When I got home from dinner tonight, I checked my email for the first time since this morning and I had my very first cease and desist letter waiting for me. I feel so special to know that one of the largest companies in the world is threatened by a plugin that I wrote almost a year and a half ago (Jan '03 specifically) for the express purpose of driving sites like LazyWeb, that I released totally for free, and that nobody actually uses any more (that I am aware of at least).

Here is the main body of the letter that I received as a PDF.

Dear Mr. Raynes:

3M Company (“3M") has for many years used the registered trademark Post-It® to identify and distinguish the source of various paper, stationery, and adhesive products, as well as certain software products. The Post-It® trademark has become well-known and famous throughout the world, and through its efforts 3M has established tremendous value and goodwill associated with the trademark. In order to protect the significant goodwill associated with the Post-It® trademark, we must prevent the use of trademarks, terms or names by others that would be likely to cause confusion as to the source of products or services, or cause possible confusion as to the sponsorship, affiliation, or endorsement by or with 3M, or that would dilute the distinctive quality of the Post-It® trademark.

In view of 3M's long prior use and registration of the remote post® trademark, we believe that your use of “Post-It - Release 2” in connection with your software product and available on your website, and your use of “Post-It” in the metatags associated with your website, is likely to cause confusion, mistake or deception to customers or potential customers, in violation of federal and state law. We also believe that such use dilutes the distinctive quality of the Post-It® trademark in violation of the Federal Trademark Dilution Act and state law.

Accordingly, we must demand that you and/or your company cease and desist any use of “Post-It” and any other marks, names, or terminology confusingly similar to the remote post® trademark, including any visual or text references, metatags, domain names, or use within any source code or other code of your internet website. By countersigning and promptly returning a copy of this letter, you confirm that you and your company are promptly discontinuing any uses described above, and that you and your company will not use any marks, names, or terminology that is confusingly similar to the Post-It® mark, or that would lessen or diminish its value, in the future.

You may indicate your agreement to these terms by signing this letter below and returning it to me by MAY 11, 2005. Upon our receipt of this signed letter, 3M will consider this unfortunate matter closed. If we do not hear from you by MAY 11, 2005, 3M will be forced to consider pursuing any and all available legal and equitable remedies.

Thank you in advance for your cooperation. If you have any questions, please do not hesitate to contact me.

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