Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

31–40 of 293 posts

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

#31

Post by nprateem »

jawns wrote: post #22

Check this out: https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-900d1... Just like patents have a concept of "prior art," trademarks have a concept of "first use in commerce." If you can demonstrate that you were the first to use the trademark, you have less to worry about (but nothing's guaranteed until litigated). HOWEVER, if the party that registered the trademark can demonstrate that they used it prior to…

I'd love to know what that means in plain English especially since the trademark has already been granted.

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

#32

Post by musesum »

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.

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

#33

Post by harryvederci »

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?

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

#34

Post by throwawayHN378 »

Shamu wrote: post #29
Someone1234 wrote: post #12

While this is definitely a bunch a hot air, unfortunately they could frivolous sue you to simply win on financial grounds alone (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs). I'd evaluate what your endgame is. If your en…

> (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs) "This past June, the U.S. Supreme Court ruled that plaintiffs cannot sue companies in a state where they may do business, but do not have significant connections to that st…

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

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

#35

Post by zoe4883 »

otterley wrote: post #21

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 sort of looks like template document. An actual attorney would send paper letter, not an email.

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

#36

Post by ericb »

Someone1234 wrote: post #12

While this is definitely a bunch a hot air, unfortunately they could frivolous sue you to simply win on financial grounds alone (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs). I'd evaluate what your endgame is. If your en…

Not a lawyer, but...

If OP has first use in commerce that predates theirs they could start, or threaten to start, the paperwork to have the trademark tossed. If they see you are asking questions that aren't a response to bullying, but that would precede a legal an attack their trademark directly, they might find themselves on a different footing.

Regardless, the possibility, I would think puts you in a better negotiating position if you're looking for an offer, or just want to make them go away.

Seeing a lawyer is likely the way to go. Also, I notice you use the term "solicitor" which makes me think any US law-based answers are less likely to be grounded in reality for you, so add more than your usual pinch of salt to anything you see here, including what I wrote!

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

#37

Post by aalex123 »

What if I'm not an US citizen and a company from US (threaten to) sues me over a .com domain registered through an non-US registrar? Should I hire an US lawyer? Where does the trial take place: in US or in my country?

Let's say I get an email like the one OP got but I don't understand english and I take no action... Will the non-US registrar give them my domain by default?

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

#38

Post by nprateem »

dominenames wrote: post #6

No, it's not correct to state that they have any right to the domain name. Anybody can sue anybody for anything, but they have no prospect of winning ownership of the domain name. Domain name conflicts like this are adjudicated by WIPO who would never grant the domain name in this situation: https://www.wipo.int/amc/en/domains/

Yeah seems you may be right: https://www.wipo.int/amc/en/domains/search/overview3.0/#item...

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

#39

Post by otterley »

codingdave wrote: post #30
oauea wrote: post #24

Earlier quoted context omitted.

> and I'm speaking as an actual licensed attorney. and so the racket continues

Exactly. Licensed attorney's typically avoid any commentary at all that could be construed as advice, to avoid creating a relationship. So if someone is sticking their neck out, it is hard to imagine there isn't an ulterior motive in telling everyone to lawyer up when they get a letter. Not that their advice is wrong - you should consult a lawyer over internet advice. But the "everyone else is wrong, listen to me" fl…

I'm being heavy-handed here because 20 years ago, before I was a lawyer, I was sued, failed to hire counsel in time, and unnecessarily lost my shirt as a result. I don't want the same thing to happen to OP.

Legal questions come up on HN from time to time and the usual response is a bunch of wannabe lawyers incorrecting one another, and if OP follows any of their advice, Bad Things could result. I spoke up early this time in what was perhaps a foolish attempt to short-circuit this.

No competent attorney is going to give legal advice here -- money aside -- because they would be violating their professional ethics code by doing so. Giving legal advice requires knowing facts at a very detailed level (the degree to which is rarely found in the post), knowing the laws in the jurisdiction(s), and having relationships and experience. Not to mention attorney-client confidentiality, and other reasons.

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

#40

Post by otterley »

zoe4883 wrote: post #35
otterley wrote: post #21

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 sort of looks like template document. An actual attorney would send paper letter, not an email.

False. C&D letters are sent via email all the time.
Post reply on HN