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

Post by bhartzer » Sun, Dec 12, 2021, 5:46 AM UTC

Someone wrote: post #257

bhartzer wrote: post #115

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…

> 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. I would think it’s too late for that. Insurers typically (and most of the time rightfully, exceptions being cases were law requires them to do so, as is the case with health insurance in some countrie…

Post by Trias11 » Sun, Dec 12, 2021, 8:08 AM UTC

Post by Trias11 » Sun, Dec 12, 2021, 8:18 AM UTC

logicalmonster wrote: post #156

hn_throwaway_69 wrote: post #51

I take the view that there needs to be a penalty for people who send out these letters but fail in their ultimate claim. If you send cease and desist letters without merit you should be forced to indemnify the respondent for the entirety of their attorney's fees and pay exemplary damages. This would require lawyers to make a careful assessment about prospects of success, rather than hoping to scare the other side int…

This is a great idea. What is particularly galling to me is how media companies trying to protect their content rights make completely meritless legal claims such as mass sending false DMCA requests to video sites saying that they own some work that is completely false, with no punishment for spamming out factually incorrect claims and harming people. That whole messed up system has been commented on many times in ot…

Post by T3RMINATED » Sun, Dec 12, 2021, 9:58 AM UTC

bhartzer wrote: post #115

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…

Post by maccard » Sun, Dec 12, 2021, 11:47 AM UTC

scrose wrote: post #131

maccard wrote: post #93

Earlier quoted context omitted.

Ive had three legal advice experiences - two with work and one personal. The employer ones were both straightforward about whether or not we should do something, and they did not encourage us to keep returning to them on the issue, and the personal one the guy gave me a 30 minute phone call, advised me that if I wanted to formally pursue the matter I would need to engage his services at £200/hour, however his unoffic…

> my experience with developers is that developers will repeatedly tell you that the software isn't complete and requires extra attention to keep it running and to maintain it Is that not true in most cases? A running system will eventually become vulnerable to attacks, and/or services it relies on may be deprecated. The last thing you want is to be in a situation where your software is easily exploitable, but your d…