241–250 of 293 posts
check your registration rules, and reach out to them to explain what is happening, stop any end run on your registra.
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I don’t question your motives in this instance, but I always pay extra attention when someone’s advice is to hire them or someone like them. Obviously, “hire a lawyer,” is sometimes right. But if I hired a lawyer every time I was told to, I would be out hundreds of hours of billing fees. Anecdotally, I’ve never fucked anything up royally. That doesn’t mean that I made the right decision, but is something I strive for…
> Anecdotally, I’ve never fucked anything up royally. You're not necessarily wrong, but that's definitely a survivalship bias. You only need to lose once for a game over, so everyone still playing underestimates the stakes at play, as there is close to no interaction to people that have lost. https://en.m.wikipedia.org/wiki/Survivorship_bias
I’m not sure of a good way to balance out and correct for my bias other than just trying to think critically for when I need and don’t need a lawyer.
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> 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.
I thought the issue happened when they launched iTunes. Perhaps it happened both times.
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99% of the lawyers I've met are scum, and I've met hundreds. One lawyer I hired to defend me in a contractual pay dispute said to me on the first meeting with both sides "Do not let this get to court. If this goes to court the only people that will win are me and the other lawyer. We'll both get to take an extra vacation this year." So, 1% of lawyers are not scum. Luckily it didn't need to go to court. I walked into…
Which one was it and how did you find that person?
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…
I had a 4 letter domain name. A stock photo company trademarked the name and then threatened to sue to force transfer. However, I registered the domain before they registered the trademark. I looked up the ICANN rules and saw I had priority. Pointed out the ICANN rule and told to go away. They did. IANAL; this is not legal advice.
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…
Somehow that does have the cadence and sound of a ‘premium’ brand, or at least faux-premium. The ‘registered’ symbol really sells it, though.
In these post-ironic times, I can easily see this name being used.
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.
No doubt that they did think of that. Instead they decided on intimidation as an opening strategy.
> ... as I was using the name 7+ years before them with a similar product
So they are guilty of what they are accusing you of. You could: 1) threaten to counter sue and settle for a price, or 2) sell them your .com
They've no doubt anticipated these responses as well and are prepared to negotiate. They simply decided to open the negotiations at $0
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> Anecdotally, I’ve never fucked anything up royally. You're not necessarily wrong, but that's definitely a survivalship bias. You only need to lose once for a game over, so everyone still playing underestimates the stakes at play, as there is close to no interaction to people that have lost. https://en.m.wikipedia.org/wiki/Survivorship_bias
I agree. And it balances out the survivorship bias of “I always get a lawyer.” I’m not sure of a good way to balance out and correct for my bias other than just trying to think critically for when I need and don’t need a lawyer.
One type of error is paying a lawyer when you didn't need one, in which case, you're out $X.
The other type of error is not paying a lawyer when you did need one, in which case, you're out $Y.
In my experience, the values here are frequently $Y >>> $X.
In the end, the choice is yours; you rolls your dice and takes your chances.
Earlier quoted context omitted.
I don’t question your motives in this instance, but I always pay extra attention when someone’s advice is to hire them or someone like them. Obviously, “hire a lawyer,” is sometimes right. But if I hired a lawyer every time I was told to, I would be out hundreds of hours of billing fees. Anecdotally, I’ve never fucked anything up royally. That doesn’t mean that I made the right decision, but is something I strive for…
> Spending $300-1000 on a consult bruh consults are free, you're getting worked