Well they are going too far....way too far.
Let me attach a screesnhot of the action they want me to take. Please see that.
It's regards ***** ***** adverts - Adwords. So you search for something in Google, and paid adverts are shown at the top and side. We advertise on their. Their client is a life insurance broker, and we're a life insurance lead generation company.
Now I was never intentionally passing off as their client, but I was trying to get as many clicks as possible from the Ads and bidding on their keyword "client name" which I am allowed to do, and Google allows.
However, I am happy to comply with (ii) and (iii) and have taken steps to ensure there is no confusion there at all, anymore.
But with (i) they want me to stop bidding altogether on their clients name.
A few things
1) This is a common practice, and allowed (encouraged) by Google
2) It's not passing off, it's competition
I just want to make sure they cannot do anything regarding (i), as there is not way I am willing to comply with that - unless I am breaking the law, which I absolutely do not feel can be the case.
Thanks for confirming
To finish off...
1) How would you reply to the letter, if at all? I'll attach again what they expect me to sign and comply with by Monday the 10th of August.
I have no intentions of signing it due to condition (a), but as long as I undertake measures on (b) and (c) do I actually even need to reply? And if so, do I send my own letter, email, what would suffice?
2) If they do attempt to come back and say you can't bid on our keywords etc. as it's passing off (even though it isn't), can you advise me of how I could quickly and effectively counter this? Or how would you suggest I reply back in this scenario, and what actions should I take?
I understand nothing constitutes legal advice here, but your thoughts would be helpful.
Upon these answers, I'll go ahead and accept your answer.