When actors attack! Cease and desist, fair use, and seeking a DU legal eagle review.

[patriotvoice]

One web site I run recently received a cease and desist letter from a famous individual. After review, I believe we have a nominative fair use affirmative defense to the allegations. I have drafted a response in which I: (a) deny the allegations, (b) state our case under 971 F.2d 302 (9th Cir. 1992), (c) refuse to comply, and (d) propose a compromise that we feel would be fair for all.

I'm not a lawyer, however. I understand that 318 F.3d 900 (9th Cir. 2003) may have diluted or destroyed the efficacy of nominative fair use. While I intend to seek counsel on Monday, I hoped that some of the sharp legal minds in this forum could spend 10 minutes reviewing the C&D and my response to see if I'm off base. If you can and are willing to assist, please PM me. Thanks!


Relevant law links for the interested:
Trademark infringement (general discussion) - http://www.chillingeffects.org/trademark/
971 F.2d 302 (9th Cir. 1992) - http://cases.justia.com/us-court-of-appeals/F2/971/302/72076/
318 F.3d 900 (9th Cir. 2003) - http://cases.justia.com/us-court-of-appeals/F3/318/900/608274/
Nominative Fair Use: Demise of a Doctrine - http://www.law.northwestern.edu/journals/njtip/v1/n1/5/Doellinger.pdf