Ask HN: Own .com for 7 years, a new company trademarked my name registered .NET

Post by winterplace » Sat, Dec 11, 2021, 6:42 PM UTC

marc wrote: post #9

They might be using scare tactics hoping you'll hand over the domain name without question. But I wonder if they have a case. My suggestion would be to either A) ignore and see if they go away, and/or B) have a domain name lawyer send a reply showing you won't roll over. That's usually enough for parties like these to back down. If you need a lawyer recommendation send me DM me on Twitter (@marckohlbrugge). More than…

Post by winterplace » Sat, Dec 11, 2021, 6:45 PM UTC

trentnix wrote: post #76

Went through a similar situation where I owned (company).com and someone later filed for a trademark and registered the(company).com. I hired a trademark attorney and he sent a nastygram back. We had evidence of first use in commerce and offered not to sabotage their pursuit of a trademark. They immediately agreed, backed down, and signed a document allowing us to use the name unrestricted irrespective of whether the…

Post by gitfan86 » Sat, Dec 11, 2021, 6:47 PM UTC

otterley wrote: post #104

gitfan86 wrote: post #98

Earlier quoted context omitted.

So you agree that he doesn't need a lawyer at this junction. But if a lawsuit is filled, he will need to respond and request that the case be dismissed. Using a lawyer for that step isn't a bad idea. They are going to have a hard time finding a case that set a precedent that you can take over another company's website because you registered a similar company 5 years later. Lookup nissan.com

This is not legal advice, but I don't recommend waiting until a suit is filed. Hiring counsel early and figuring out how to respond to the initial notice can be important: it might keep the courts out of the dispute altogether (especially if the other side is on very weak grounds) and might increase the settlement amount (if any) should OP choose to settle and transfer the domain. There's more to this issue than just…

Post by foxhop » Sat, Dec 11, 2021, 6:49 PM UTC

chrisseaton wrote: post #139

theartfuldodger wrote: post #26

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…

> call them at terrible hours ( at home) This is a really nasty idea. You’ll be bothering their family who have nothing to do with it. Sounds like you’re advocating harassment of people’s families.

Post by rolph » Sat, Dec 11, 2021, 6:49 PM UTC