Dear [President of The Olive Press]:

Now that this has become an official legal matter, I’d rather not discuss it on the phone at all. I’m keeping a record of all correspondence on the issue, and I cannot record a phone call. I’m not sure why you feel the need to discuss anything with me on the phone anyway, unless it is to say something you’d rather not write.

For the reasons I’ve mentioned in previous correspondence, I think this legal threat is ludicrous. I’d like to hear from your lawyers directly to see exactly what damage I’m doing to your name and business by hosting a private, noncommercial site that has nothing to do with olive oil. I also need to know, explicitly, what action you feel I am required to take. Must I change just the name of my site? Or must I also change the domain on which it is hosted? (http://olivepress.blogspot.com and http://home.earthlink.net/~olivepress are clearly quite distinct from http://www.theolivepress.com, and I do not intend to give them up without being compensated for them.) Is “Olive Press,” without “The” acceptable, or must I find some other random words that have no previous associations turned up by a quick search on Google?

Also, incidentally, how is one to know in advance that your name is trademarked when you have no mark next to your name on your site? I see no (R) or TM anywhere. It is my understanding that the Federal Government requires not only that you contact others after they have used your mark; you must also identify your mark, so that others know in advance not to use it.

I await specific instructions from your lawyers.

Regards,
Brian

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