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Every answer in this thread is wrong except for "hire an attorney and work with them to figure out what the best option for you is." Do not follow any "free legal advice" from HN -- and I'm speaking as an actual licensed attorney.
People tell to hire a lawyer, yet at same time hundreds of programmers copy snippets of code they dont understand, or use libraries unaudited by anyone
Every answer in this thread is wrong except for "hire an attorney and work with them to figure out what the best option for you is." Do not follow any "free legal advice" from HN -- and I'm speaking as an actual licensed attorney.
1) This is an ex co-worker . I believe she's well versed in such things. I get nothing for this mention.
2) That said, one of the keys to trademark is being in the same industry, such that the public might get confused.
Apple Computer striking a deal with Apple Records, once the former started to sell music, is a good example. Prior to that, there was no (legal or market) overlap of the two.
Earlier quoted context omitted.
And their 3 day demand is total horseshit of a play as well. You have done the research, and feel they do not have in-house representation. It is done on a Friday, so 2 of the 3 days is weekend. Finding a lawyer in 3 days is not simple, and doing it with 2 of the 3 being a weekend when a lawyer is impossible to find is just bullying 101. Fuck people like this. I feel bad for the Op, but sadly, I am jaded by the BS ga…
Three business days. The demand letter requests a response by December 15, which is a Wednesday.
Every answer in this thread is wrong except for "hire an attorney and work with them to figure out what the best option for you is." Do not follow any "free legal advice" from HN -- and I'm speaking as an actual licensed attorney.
Sorry for the snarkiness, but I'm continuously gobsmacked by how oblivious people, especially attorneys, can be to the fact that the Game of Justice as it is played in these parts is simply not accessible to the vast majority of people, who can only try to find another way to work around the system even if it's probably doomed to failure.
As Director of a domain name protection company (and not an attorney) I can offer this:
If you registered the domain name before the other party files for a trademark, then there is no way you would have known that they would file for the mark. So, in most cases you probably don’t have to give up the domain name. It comes down to whether or. Or you registered the domain “in bad faith” or not. And again, how would you know they would start their business and get a trademark? You wouldn’t.
Are you in the same industry and compete with each other? If so, there might be an issue, but I’d your site offers different products and there would be no confusion between companies or websites, then there may not be an issue.
The best way to handle this is to get a domain name attorney to respond to their letter to you, essentially telling them to go away, and that you plan on keeping the domain name.
If you cannot afford an attorney, look for a company that offers domain name insurance or a domain name warranty, if you have an issue like this with your domain name, your legal fees to defend the domain are covered.
As you have described the situation here, you bought the domain before they filed for their trademark, and you’re not pretending to be them. So you should be able to keep the domain. They are just trying to “ strong arm” the domain away from you with a threatening letter. If they do sue you or file a udrp, defend yourself with the help of a good domain name attorney.
Every answer in this thread is wrong except for "hire an attorney and work with them to figure out what the best option for you is." Do not follow any "free legal advice" from HN -- and I'm speaking as an actual licensed attorney.
This has happened to me. Ignore them until WIPO claim shows up. Which they probably tried and were denied. A good example is nissan.com
Every answer in this thread is wrong except for "hire an attorney and work with them to figure out what the best option for you is." Do not follow any "free legal advice" from HN -- and I'm speaking as an actual licensed attorney.
> and I'm speaking as an actual licensed attorney. and so the racket continues
This has happened to me several times, I have never taken it seriously or put much effort into responding. I usually would go straight to the throat and very personal. Publish their letter on the domain they seek, capture all lawyer and company details and publish to site. Use opsec for phone numbers, call them at terrible hours ( at home) to discuss offers of payment. They are trying to bleed you with superior resou…
Earlier quoted context omitted.
False. C&D letters are sent via email all the time.
False. C&D letters are sent via email all the time. Millions of Americans don't have e-mail. They're just on social media. What then? That's why important things are always sent by mail. Very important things by certified mail.