Sorta OT: A Comment from Newmarket Volvo about my site...

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Lucas Tam - 17 Oct 2005 17:53 GMT

Here's my site:

http://newmarketvolvo.tripod.com

What I wrote are quotes from the sales people, the financial services
manager, etc. We even have paper to backup most of the stuff written on
my site (i.e. the multiple invoices they sent us).

So - in Canada, does anyone know what is consider "salderous"?

I find it sad that Newmarket Volvo still has not called to apologize -
but instead they send a threatening note.

From: "Marcel Algieri" <malgieri@newmarketvolvo.com>
To: lucas_tam@yahoo.com
Subject: Legal Notice
Date: Wed, 12 Oct 2005 18:15:21 -0400

Without Prejudice:

Dear Mr. Tam,

Please be advised that the comments you make on the tripod site are
infringing on our everyday business conduct. You make reference to
dealings with the General Manager and my conduct that are both
slanderous and defamation of character. Firstly you have never met me
and secondly we have never spoken as I am the General Manager and
President of Newmarket Volvo.

More importantly using “Newmarket Volvo” as the URL without the written
consent from Newmarket Volvo or Volvo Cars of Canada Limited is an
infringement on our trademark.

Newmarket Volvo is currently suffering financial hardship from the
slanderous remarks you personally make and will seek reimbursement of
all losses both present and future as a result of your personal
vendetta. I demand an immediate retraction and cease of infringement.

Govern yourself accordingly.

Regards,
Newmarket Volvo
Marcel Algieri
President & General Manager

Signature

Lucas Tam (REMOVEnntp@rogers.com)
Please delete "REMOVE" from the e-mail address when replying.

Newmarket Volvo Sucks! http://newmarketvolvo.tripod.com

Reply to this Message

Randy G. - 17 Oct 2005 19:24 GMT

>Here's my site:
>
>http://newmarketvolvo.tripod.com

Not any more:
-------------------------------------------------
We have informed Volvo Canada about this complaint and are awaiting a
resolution.

As a courtesy to Newmarket Volvo, we have taken down the contents of
this website.
-------------------------------------------------

>What I wrote are quotes from the sales people the financial services
>manager, etc....

Can you prove it? Did you have witnesses? Your word against theirs,
and I bet they can afford better lawyers.

>... We even have paper to backup most of the stuff written on
>my site (i.e. the multiple invoices they sent us).

"..._most_ of the stuff."? If you are going to do something like this
you batter have evidence to back up EVERYTHING!

>So - in Canada, does anyone know what is consider "salderous"?

heading the title of the site as: "Total Incompetence at Newmarket
Volvo" was just asking for trouble. If they can wash the floor at the
end of the day it means that they are not totally imcompetant and thus
have legal grounds to sue you and probably win.

>I find it sad that Newmarket Volvo still has not called to apologize -
>but instead they send a threatening note.

...AND they had your site taken down.

--------------------------------------------------------------------

>From: "Marcel Algieri" <malgieri@newmarketvolvo.com>
>To: lucas_tam@yahoo.com
[quoted text clipped - 7 lines]
>Please be advised that the comments you make on the tripod site are
>infringing on our everyday business conduct.

Prove it.

>You make reference to
>dealings with the General Manager and my conduct that are both
>slanderous and defamation of character.

Since you (Tam) did not post the comments we have no way of knowing.

>Firstly you have never met me
>and secondly we have never spoken as I am the General Manager and
>President of Newmarket Volvo.

So Tam, who DID you speak with?

>More importantly using Newmarket Volvo as the URL without the written
>consent from Newmarket Volvo or Volvo Cars of Canada Limited is an
>infringement on our trademark.

I am on their side with that one. They undoubtedly have a copyright on
their name and could easily take you to court for your use of it. By
the time you get done, even if you win, you could be living out of a
cardboard box.

>Newmarket Volvo is currently suffering financial hardship from the
>slanderous remarks you personally make and will seek reimbursement of
>all losses both present and future as a result of your personal
>vendetta. I demand an immediate retraction and cease of infringement.

They could screw you good. On the other hand, this guy is not a
lawyer, and most businesses would not comment directly in this way,
but refer it to their law staff. He has come to conclusions based on
alw, and that makes little more sense than taking your car to his
lawyers for repairs.
---------------------------------

Basically, stating exactly what happened is not slanerous. Calling
them things like inept, idiots, etc. can be.

If you say, "The mechanics said thay fixed it, but when I got my car
back it...." is OK.

If you say, "The idiot mechanics lied when they said they fixed it,
and they ripped me off by charging me more than.." is not.

Since the site is gone it is difficult to comment further. We don't
know what happened specifically nor what steps you took to remedy the
situation before posting the site. And I wonder what you intended to
get out of the website besides totally pissing them off?

If there really was something wrong with what they did you should have
contacted the regional Volvo folks. Or park the car in front of the
place and post some big sings stating,
"Don't do business here.
Ask me why!"
and alert the media.

__ __
Randy & \ \/ /alerie's
\__/olvos
'90 245 Estate - '93 965 Estate
"Shelby" & "Kate"

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