Part II
Noel,
While the lawyers cobble together the specifics of the agreement we made earlier today, let's move on.......
We are glad that you’ve stepped up to the plate, and are making the effort to resolve our differences, one by one.
Though there is still a long way to go, by taking that first step, we firmly believe that complete resolution of this situation is achievable.
Now that one bridge has been crossed, we feel the next hurdle is ending the war and cleaning up the mess. Here is what we propose…..
MC cleans up the mess that it has made, and get’s MMG back to “Zero”.
What this means is;
*MC reimburses MMG for all of their legal fees and expenses including both the lawsuit, and the legal fees accrued as a result of your trademark oppositions. To be clear, getting our company back to “Zero”, is meant specifically in the financial sense ONLY.
*MC agrees that last week's "dismissal" of the lawsuit is a permanent dismissal, and agrees that it will never be re-filed, amending the legal language to reflect that. (The way your motion is written currently, as you well know, gives you the right to re-file your lawsuit at will.)
(Please note, in the above proposition, we are NOT asking for damages, reimbursement for time spent in the last two years, no compensation for the mental, physical and emotional pain that we have suffered, and not one single penny of profit. These are damages that can never be undone, and scars that will never disappear. The above, only addresses the actual monetary expenditures we’ve been forced to incur as a result of your actions.)
In return;
*MMG will remove the current, ongoing Ebay listing.
*MMG will remove the “Bully” page on our website.
*MMG will cancel any efforts that may or may not be in place currently for any sort of public demonstration, protest, or other actions that could have potentially been publically embarrassing for MC at CES, NAMM, or any other show or venue, and will agree to eat any expenses that may or may not have already accrued in preparation for such an event. Additionally, MMG further agrees that this will include any future acts of public demonstration as well.
*MMG will not proactively engage in any advertising, paid or unpaid, where MC’s name would be used or alluded to by MMG in any disparaging manner. MMG will also cancel any such media that may or may not already be in place and/or scheduled to run, air, or otherwise see the light of day.
*Both parties will agree that the past is the past, and what’s been said so far is already out there and cannot be undone, but will keep all future conversations and comments of a “Neutral” nature.
Let us make it clear that this does not make us friends.
It is as if you took a knife and cut a gaping wound in us, then later decided to pay for the stitches. It does not make us friends, it does not erase the wound, the pain or the suffering…..it just stops the bleeding, leaving us with a scar.
Much damage has already been done, and it is something we will never forget.
This just gets us one step closer to complete resolution, and ending this ongoing campaign so we can both get on with our lives.
Please let us know what you think of this "Back to Zero" approach to resolution, and if it's something you are willing to discuss in an effort to end this, and show the world that MC actually has a "human" side.
We will look forward to your response.
-Patrick and Christina Vitagliano
