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

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

#61

Post by dragonwriter » Sat, Dec 11, 2021, 5:21 PM UTC

> Is this correct?

Is it correct that they will sue you if you don't comply? Maybe, that's up to them.

Is it correct that your use of the domain name violates their trademark? Also, maybe. That depends on the market you are in, the market they are in and that the trademark is registered for, and other things.

If you aren't willing to just hand over the domain, and don't want to just roll the dice on liability, you should seek professional legal advice, and not respond in any way until you have received and considered that advice.

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

#62

Post by nrook » Sat, Dec 11, 2021, 5:22 PM UTC

nicbou wrote: post #55

prepend wrote: post #42

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…

In my experience, a lawyer will also nudge you towards whichever course involves keeping a lawyer involved. They'll never tell you "if I were in your shoes, I wouldn't keep going".

My experience differs. I once had a legal dispute in which I was asked to sign away some additional rights in order to receive some money that I was owed anyway. My lawyer said, essentially, "you are in the right, but you aren't planning on using those rights anyway, so just sign the paper and get this over with."

There are scrupulous and unscrupulous lawyers, much as in any profession.

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

#63

Post by hedora » Sat, Dec 11, 2021, 5:22 PM UTC

otterley wrote: post #40

zoe4883 wrote: post #35

Earlier quoted context omitted.

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.

This is a great reason to ensure your mail client doesn’t auto-download embedded images, send read receipts, etc.

No reason to tip your hand until a lawyer tells you to. For instance, the last time I dealt with a lawyer, they had me send responses directly, in hopes the other side would underestimate our position. It worked, fwiw.

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

#64

Post by technothrasher » Sat, Dec 11, 2021, 5:23 PM UTC

dylan604 wrote: post #44

codingdave wrote: post #4

Opening a dialogue about this would have been the professional approach. Blasting you with a long list of demands means they are trying to bully you. Cease and desist letters are just a way of trying to scare you into doing what they want so they don't need to do things the hard way. I'd recommend asking a lawyer if they have a case to make against you, just to be safe. But if they don't, this letter means nothing.

And their 3 day demand is total horseshit of a play as well. You have done the research, and feel they do not have in-house representation. It is done on a Friday, so 2 of the 3 days is weekend. Finding a lawyer in 3 days is not simple, and doing it with 2 of the 3 being a weekend when a lawyer is impossible to find is just bullying 101. Fuck people like this. I feel bad for the Op, but sadly, I am jaded by the BS ga…

> there are ways of not being an asshole

Yep, when somebody else started using my trademark in a slightly related business, I called my lawyer and discussed. We decided to offer that they license the trademark for $1 and agree to discuss with me before using it in any new way. That way my trademark is protected and I don’t need to be an asshole.

Worked out well, we even threw each other business occasionally, and they went out of business after a couple years anyway.

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

#65

Post by voakbasda » Sat, Dec 11, 2021, 5:24 PM UTC

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…

This. If it is legal, you should at least consider escalating as far as you are comfortable. You are now at war, whether you like it or not. Never back down, never surrender.

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

#66

Post by otterley » Sat, Dec 11, 2021, 5:24 PM UTC

nicbou wrote: post #55

prepend wrote: post #42

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…

In my experience, a lawyer will also nudge you towards whichever course involves keeping a lawyer involved. They'll never tell you "if I were in your shoes, I wouldn't keep going".

I'm sorry you had such an experience. Ethical lawyers will give you the best advice they can, which often includes "you are going to end up paying me way more than what's at stake here." (This literally just happened to me as a client over a land-sale-deposit dispute.) Or, "This is a turkey of a case and you should roll over. You owe me nothing."

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

#67

Post by dragonwriter » Sat, Dec 11, 2021, 5:24 PM UTC

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.

> 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.

Speaking as a former law student that left because I got back into technology, and who is a fairly educated layman on the law but not someone with any financial interest in how people approach legal services, this.

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

#68

Post by [deleted] » Sat, Dec 11, 2021, 5:25 PM UTC

ksec wrote: post #53

gumby wrote: post #14

As you said "solicitor" I'm guessing you're not in the USA. If you are in the USA, the law is on your side: just because they registered the mark doesn't take away your rights. In addition, if they are doing something different from you (or perhaps you're using the domain for non-business purposes) they have no claim. You can open McDonald's garden shop (even if your name isn't McDonald) and unless you made it look l…

>As you said "solicitor" I'm guessing you're not in the USA. But then they use Pacific Time Zone.

[deleted]

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

#69

Post by voakbasda » Sat, Dec 11, 2021, 5:26 PM UTC

throwawayHN378 wrote: post #34

Shamu wrote: post #29

Earlier quoted context omitted.

> (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

Conclusion: only the lawyers ever win.

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

#70

Post by uberman » Sat, Dec 11, 2021, 5:26 PM UTC

user3939382 wrote: post #49

prepend wrote: post #42

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 every time I might need one Actually I’ve been surprised to find that many times even high priced attorneys are usually willing to spend 20-30 minutes+ giving you some general advice before even retaining them. I’ve gotten very valuable advice this way several times at no cost.

This is my personal experience as well.