Help HN: How do I stop my start-up from being bullied?

#1

Post by yestoapps » Thu, Jun 20, 2013, 7:42 PM UTC

After 6 months, I launched a startup called Freelancer.fm, which is a freelance aggregator platform, syndicating projects from the top freelancing sites and filtering data based on advanced searches.

After going live, the site built quick momentum. With that came both pros and cons. The CEO of Freelancer.com, Matt Barrie, called me directly and threatened to sue me for breach of trademark infringement if I didn't change my name. Furthermore, he removed the feed from our site, resulting in less projects being posted on the platform. Asshole.

When I first started working on this project, I was under the assumption that dictionary words cannot be trademarked in the industry they serve a purpose for. I then transferred all the files to the new and worse name, Searchfreelancejobs.com. It's pretty lengthy, however the name Freelancer.fm was a gem, and we had all our users trusting the brand.

What do you guys think I should do? Lose users and let them know we had a name transition? Get a trademark attorney to fight the case with Freelancer.fm? Any advice is welcome. I'm sure I'm not the first and certainly not the last.

Re: Help HN: How do I stop my start-up from being bullied?

#2

Post by joshmn » Thu, Jun 20, 2013, 8:06 PM UTC

Do not do what Amy's Baking Company did to their bullies.

Okay, in all seriousness... this was just posted the other day (might have been yesterday?) and though humorous, can be applied to what you're going through: http://abovethelaw.com/2013/06/how-to-write-a-great-response...

Now, I am not a lawyer, but I believe you could potentially change your brand name to "Freelancer F___ M___" and plug some words that pair with .fm. Example: "Freelancer For Me" comes to mind.

Also, the spiteful side of me says to proxy the feed from freelancer.com to your platform, but that's just me.

Re: Help HN: How do I stop my start-up from being bullied?

#3

Post by yestoapps » Thu, Jun 20, 2013, 8:10 PM UTC

joshmn wrote: post #2

Do not do what Amy's Baking Company did to their bullies. Okay, in all seriousness... this was just posted the other day (might have been yesterday?) and though humorous, can be applied to what you're going through: http://abovethelaw.com/2013/06/how-to-write-a-great-response... Now, I am not a lawyer, but I believe you could potentially change your brand name to "Freelancer F___ M___" and plug some words that pair w…

Joshmn: Thanks for chiming in. If I change the title of the site to "Freelancer For Me" for example, will it be enough to win a case like this?

Re: Help HN: How do I stop my start-up from being bullied?

#4

Post by nathanb » Thu, Jun 20, 2013, 8:12 PM UTC

Consult a lawyer.

If you believe that keeping your existing name is worth something to your startup, put that money where your mouth is and pay a professional.

Re: Help HN: How do I stop my start-up from being bullied?

#5

Post by yestoapps » Thu, Jun 20, 2013, 8:22 PM UTC

nathanb wrote: post #4

Consult a lawyer. If you believe that keeping your existing name is worth something to your startup, put that money where your mouth is and pay a professional.

Whether I'm right or wrong, Matt has millions of dollars for litigation. The law isn't about who's right, it's about the resources you have to stand in the fight.

Re: Help HN: How do I stop my start-up from being bullied?

#6

Post by nathanb » Thu, Jun 20, 2013, 8:29 PM UTC

yestoapps wrote: post #5

nathanb wrote: post #4

Consult a lawyer. If you believe that keeping your existing name is worth something to your startup, put that money where your mouth is and pay a professional.

Whether I'm right or wrong, Matt has millions of dollars for litigation. The law isn't about who's right, it's about the resources you have to stand in the fight.

I didn't say "take him to court", I said "consult a lawyer".

Any advice you get from HN is just as likely to get you in a heap of trouble as it is to work. If the time comes to enter a courtroom then obviously you will need representation, but the primary value of a lawyer is in the advice and experience you receive before even considering setting foot in court.

Re: Help HN: How do I stop my start-up from being bullied?

#7

Post by imp » Thu, Jun 20, 2013, 8:31 PM UTC

yestoapps wrote: post #5

nathanb wrote: post #4

Consult a lawyer. If you believe that keeping your existing name is worth something to your startup, put that money where your mouth is and pay a professional.

Whether I'm right or wrong, Matt has millions of dollars for litigation. The law isn't about who's right, it's about the resources you have to stand in the fight.

Actually, the law is somewhat about who is right. If he has a trademark for name that covers your space and you use the exact same name, then (IANAL) it sounds like he's correct. But you should spend some time and money to consult a lawyer. My guess is they would tell you that you don't have a case.

Re: Help HN: How do I stop my start-up from being bullied?

#8

Post by yestoapps » Thu, Jun 20, 2013, 8:43 PM UTC

imp wrote: post #7

yestoapps wrote: post #5

Earlier quoted context omitted.

Whether I'm right or wrong, Matt has millions of dollars for litigation. The law isn't about who's right, it's about the resources you have to stand in the fight.

Actually, the law is somewhat about who is right. If he has a trademark for name that covers your space and you use the exact same name, then (IANAL) it sounds like he's correct. But you should spend some time and money to consult a lawyer. My guess is they would tell you that you don't have a case.

Thanks for your input. I'll try to consult one.

Re: Help HN: How do I stop my start-up from being bullied?

#9

Post by dedward » Thu, Jun 20, 2013, 9:22 PM UTC

yestoapps wrote: post #3

joshmn wrote: post #2

Do not do what Amy's Baking Company did to their bullies. Okay, in all seriousness... this was just posted the other day (might have been yesterday?) and though humorous, can be applied to what you're going through: http://abovethelaw.com/2013/06/how-to-write-a-great-response... Now, I am not a lawyer, but I believe you could potentially change your brand name to "Freelancer F___ M___" and plug some words that pair w…

Joshmn: Thanks for chiming in. If I change the title of the site to "Freelancer For Me" for example, will it be enough to win a case like this?

So.. am I missing something here?

You are a new startup. You are operating a closely related product to a large power player in the same business by choosing a nearly identical name. Now you are suggesting their data is so important to you that you are going to technically circumvent their block, potentially adding more legal liability, and use their service anyway? And calling them "assholes" in a public forum forum?

Does that seem at all sustainable to you?

Re: Help HN: How do I stop my start-up from being bullied?

#10

Post by snaveint » Thu, Jun 20, 2013, 10:01 PM UTC

Surely this can't come as a surprise to you.

You started a business in the same industry as freelancer.com, leveraged off their service and have an almost identical name; how did you think they would respond?