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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.
Millions of Americans don't have e-mail. They're just on social media. What then?
That's why important things are always sent by mail. Very important things by certified mail.
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…
Can you further elaborate on your story I am very curious?
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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…
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".
Both of the times my wife and I have consulted an attorney, they provided an overview of the relevant legal and practical context, a description of options of how to approach it and what they could do as part of that and the fee structure involved, and a description of why hiring them would probably not be cost-effective for the issue at hand.
Earlier quoted context omitted.
False. C&D letters are sent via email all the time.
False. C&D letters are sent via email all the time. Millions of Americans don't have e-mail. They're just on social media. What then? That's why important things are always sent by mail. Very important things by certified mail.
If an email address can't be found, the correspondence can be delivered through other means if necessary (mail, process server, etc.). But generally, there has no longer been a need to waste paper and postage to deliver notices since email became practically ubiquitous.
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…
I have no skin in this game. I just have experience. The outcome here could be that OP loses their domain name. If they just want to give it up, they don't have to hire an attorney. Easy answer. But if they do want to keep the domain name, when paid opposing counsel comes knocking at the door, they need to lawyer up, plain and simple.
I have received threaten letters before and have responded with "I dispute these claims. Please do not contact me again in any manner" and I never heard from them again.
I don't know enough about the company sending the threatening letter here, so I can't say if that would work or not here, but it is very possible you don't need a lawyer.
We had evidence of first use in commerce and offered not to sabotage their pursuit of a trademark. They immediately agreed, backed down, and signed a document allowing us to use the name unrestricted irrespective of whether they successfully obtained the trademark. As we expected, the trademark application was denied (the name was descriptive, not unique) and it was all behind us quickly.
TLDR: get a lawyer. Trademark law is weird.
And don’t be mean - the other business is now your first call if you ever decide to sell.
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.
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.
Earlier quoted context omitted.
I have no skin in this game. I just have experience. The outcome here could be that OP loses their domain name. If they just want to give it up, they don't have to hire an attorney. Easy answer. But if they do want to keep the domain name, when paid opposing counsel comes knocking at the door, they need to lawyer up, plain and simple.
It isn't that simple. The burden of proof and the cost of filing suit is entirely on the people who own the .net domain. You can't lose a domain based off of a threatening email. I have received threaten letters before and have responded with "I dispute these claims. Please do not contact me again in any manner" and I never heard from them again. I don't know enough about the company sending the threatening letter he…
Indeed, but if you take no action at all, the opposing counsel does take action, and you don't contest the action, then the default outcome could be a forced transfer of the domain.