Stockholm, September 9, 2011
Regarding allegations of unfair marketing practice
The law firm represents imBridge NodeOne AB, NodeOne, and signed will in response to your letter of September 6, 2011 return as follows.
NodeOne may have some sympathy that EPiServer AB wants quick feedback in subject matter and therefore lets the demand for immediate cessation of complained marketing and instant(?) confirmation stop with a reminder of the rule of reasonable time for consideration.
Rectifications
Also considering the content otherwise, EPiServer appears to have fall short of time. Legally the allegations of unfair marketing practice is inadequately substantiated. It is therefore not meaningful to comment on all parts of the letter. NodeOne will instead give an account of its position as follows.
Comparative advertising is permitted under the criteria established in § 18 MFL. It also applies to designation of another's trade mark — comparative advertising would otherwise seem meaningless. NodeOne is of the opinion that they meet the criteria and that the designation of EPiServer neither creates confusion nor can be perceived as sponge.
In no way derogatory information about EPiServer is used. Instead the benefits of the free software Drupal as compared to EPiServer is presented in a matter-of-fact manner. For the same reason there are not any misleading information. NodeOne is therefore of the opinion that the pointed out advantages of Drupal as compared with EPiServer is authoritative. This applies regardless of the assessment done by Gartner. Finally, it should be clear to each user that the content of the banner and the site is commercial and that the sender is NodeOne.
There is therefore, in summary, no reasons to comply with the demands you made, and NodeOne assumes that the matter is settled with this.
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