The Little Guy (me): I hold a software development license circa about 1990 from Data Access Corporation of Miami to develop custom database software for my clients and a DBA license to do business as Sonata Software.

Situation: Notification via EMail and Mail: By November 15th I must stop doing business with the word "Sonata" in my company name (letter from CA Attorney)

How can a one man company fight litigation from a company that outsizes him like David and Goliath? You may be interested in what strategy I employed to attempt to "draw even" with this company. UTTER CAPITULATION with a twist! Here is the letter I recieved:

By U.S. Mail and EmaiL Mr. Peter A. Donovan Sonata Software P.O. Box 3141 Greenwood, MA 01880 Re: Infringement of Sonata Trademark Dear M r, Donovan: I represent Sonata Software Limited, an Indian company that holds the United States registered trademark no. 2,399,381 tor the service mark "Sonata" for use in connection with developing and marketing business application software. under International Class 42. Sonata Software Limited, by itself and through its wholly-owned American subsidiary licensee, Offshore Digital Services, Inc., has utilized this mark for software services in the United States for a substantial period of time. The registration of the mark with the United States Trademark Office was effective as of October 31, 2000. It has come to the attention of my client and its subsidiary that you own and operate a business performing the same or similar services, falling into the same class, under the name "Sonata Software." It is our understanding that your use of this service mark commenced in October 2003. well after the date of our client's registration of the mark. Your use of the mark constitutes a direct infringement and violation of my client's service mark rights. 1 therefore demand that you cease and desist from any and all use of the mark "Sonata" for software services by no later than November 15, 2006, and that by that deadline, you take all necessary measures to remove any references to the mark "Sonata" in your company name, marketing and collaleral materials, website and otherwise and make no further use or mention of the mark "Sonata" in connection with your business. In addition, I ask that upon receipt of this letter, you sign and return one copy, acknowledging receipt and confirming your agreement 10 take the meaSures mentioned in the preceding sentence by the stated deadline. Failure to abide by the terms of this letter may subject you and your business to damages, injunctive penalties and attorneys' fees and court costs. I n the interests of time, I am also forwardi ng a copy of this leuer to you via email.

================================================== ======================= So, in utter capitulation, I purchased the rights to SANATASOFTWARE.COM and had it forward users automatically to my site temporarily. ================================================== ======================= This seemed to capture their attention. I explained to the Attorney via email that in Boston, we pronounce "Sonata" as "Sanata" so that I would comply with the letter of his request and move my site to SanataSoftware.Com I phoned the attorney's office and offered to sell my domain names to fund the costs of changing my company name (one year's income of a one man company) I am waiting for Sonata Software LTD's reply. The way I figure it, It has to be an amount where a corporate decision has 2 choices: