191–200 of 293 posts
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Which makes it a very good bet that they're Canadian.
No. It looks like they live in South Australia from a previous comment of theirs: https://news.ycombinator.com/item?id=25174647 Solicitor doesn't necessarily mean Canada.
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But at what cost? 200/hour to navigate a situation that is easily winnable? Also if the other party knows that he has a lawyer they can use that to run up legal fees, making a settlement seem like the cheaper option.
You are assuming "easily winnable" without knowledge of all the facts and the law. The whole reason to hire an attorney is to get an informed opinion about where you stand in the first place.
https://nissan.com/ Seems relevant here :)
On the other hand, "MikeRoweSoft" clearly was playing on Microsoft and I can see why he lost that battle.
You need to speak with a qualified domain name attorney, not just any attorney or solicitor. 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 dow…
>Are you in the same industry and compete with each other? If so, there might be an issue ... > as I was using the name 7+ years before them with a similar product Sounds like they are, but that the issue is in the reverse, they are trying to steal the authors market and product directly by using their name. This is very aggressive, not to mention wrong.
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Also IANAL but these demands make even less sense due to trademarks being categorised in classes , that you own Douche® registered in rubber products doesn't mean someone else can't have Douche® furnitures, and both have a reasonable and compatible claim to the name (for instance there are at least 5 different companies or organisations called "Apple" with presence in the US). Furthermore, the USPTO allows multiple t…
> for instance there are at least 5 different companies or organisations called "Apple" with presence in the US An interesting trivia is that Apple Computer got in trouble with Apple, the record label, when they introduced the Apple IIgs, because it had a musical instrument synthesiser chip built in.
Obviously, subsequent court cases and agreements allowed Apple Computer to get into music. Lots of details on Wikipedia: https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer
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If I’m not mistaken the lawsuit can be filed but you can win a challenge to jurisdiction. But in order to challenge jurisdiction you need to hire a bar certified attorney in that jurisdiction… thus defeating the point
Huh, you can't defend yourself?
obtw there's serious risk of trying to defend a suit yourself. Maybe the judge would take pity on you and grant a continuance for you to find counsel.
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Personal names generally cannot be trademarked. You would most likely need to have a business or other use case of your last name in order to be granted a trademark.
Does this apply even if I have an LLC with my name? TBH this scares me quite a bit since we have all the family’s emails tied to the domain, not only would it be a huge pain to lose it but also a security risk. Weve had the domain for 10yrs or more at this point…
You probably don't have anything to worry about. Having a domain that does not have a business attached means you're clearly not trying to do business on someone else's name. That takes away at least one of the 9 tests for trademark infringement.
General remarks for these types of posts: - People often mention 0 countries. Where do you operate? Where was your company founded? How about the other company? Etc. How do you know if that helpful comment doens't assume something totally different? - Are you really going to feel confident about your legal situation after reading comments on a platform like Hacker News?
When someone didn't feel the need to mention which country they are talking about, that's usually because they're American.