You are asking if its legal for some wingnut to point out to TM holders that people are trying to purchase names related to their trademark in order to make a profit?
Are you serious?
There is another side(s) to this.
A. The person penning the letter is a bidder.
Knowing full well that they have a set limit.
He/she has been outbid.
Dammit, if I can't have it than no one will! could be the ploy.
So that domainer who was in on the action suddenly plays the other side.
That being the nice guy/gal by making the contact.
Suddenly, this person feels heroic for rescuing the company and saving the day.
But it is all for a self-serving purpose of screwing the other bidders.
B. The person penning the letter has intentions of bidding but does not like the risky side of purchasing a TM.
In a style rather fitting as the savior, the author of the letter is trying to determine if the TM holder has any interest whatsoever!
Imagine how many dead TM's there are! Imagine how many companies there are that go defunct, bought out, merge, or just no longer in business!
Imagine if they are no longer in business then there is no possibility of even having live links to any of the emails posted in the WHOIS!
Suddenly, there is a TM name and no one knows of cares.
No response to the letter may indicate a dead TM just not recorded at the USPTO yet.
Bottom line, after carefully reading the letter ACRO posted, again, this person knows that the whole issue and TM may be dead but its traffic is not.
So
piss off everyone else. This jewel is mine!
C.Most firms are not domainers or domain savvy. That is someone else's business.
This letter is
Oh, so sincere sounding.
The company is thankful and tells the domainer (posing as a good pal to the business community and will be awarded the key to the city) by all means, go ahead and get the domain.
The domainer will cut a deal to broker a fee of say 25% or so. That is all pocket change to the firm but decent cash to the domainer.
D.The domainer relates that he/she is such a good person.
"Leave everything to me. I know how this business operates and how to get the domain."
Given the okay by the firm to pursue this name, the domainer is given the go ahead and will bid on behalf of the firm.
The domainer does a marvelous job keeping the firm abreast of all the developments.
"It is currently at $15,000.00."
Next day:
"It's about to close at 20 K. Do you want it?"
Domainer gets the go ahead.
Actual bid amount is sixty five hundred dollars ($6,500.00)
E.The domainer asks the company
"How much are you willing to spend to get this name?"
The firm says,
"Oh, I don't know. Let's go with 25 k tops."
The elated domainer calls the company and tells firms agent,
"I won with a winning bid of $22,500.00!"
The domainer then instructs the firm on where to send payment (to his account of course) so he/she can then pay for the name.
The domainer pays for the domain and then calls the firm's agent back to tell them how to transfer.
Everything is done, the domain is safe and secure with the firm, the firm is elated and the domainer is simply giddy and giggly and when he/she hangs up the phone cries out in joy,
"HA HA you suckers!!!"
"I bought the damn thing for one thousand, two hundred and fifty bucks!"
If anyone is ballsy enought to try any of these schemes and they work, I want 25%.