Hi, Just had a letter dropped through my door stating that a large Spanish company in Media world is going to sue me unless a/ I take down my site and b/ I compensate them appropriately. Is there anyone on here who can direct me to some free legal advice ? The company in question owns a .com of my .org name and they claim they have European rights to the whole name and as my site has the same niche I have infringed their rights. Thanks for any advice - JB
I dont wanna say this but it sucks to be you then You can't fight big companies at all they have an insanely huge budget just to battle the case. Whatever it is just give it to them and let it be over.
Just two at the top of my head: www.dnattorney.com www.esqwire.com However, be warned that the attorneys running those sites can be busy, and not all of them can give 100% surefire winning advice without checking all and any factors of your "case". If by European rights you mean they have an office within your jurisdiction, I say good luck.
I realy hate when big company thinks that everything is for them. I think you have to check if the e-mail is really from that company. Second: see if the word is a trademark of that company and if the word is general not specific.If it is a common(general) word you can win.Read about this famous case. Microsoft v. Lindows.com, Inc. was a court case brought by Microsoft against Lindows, Inc, claiming that the name "Lindows" was a violation of its trademark "Windows." In addition to the United States, Microsoft has also sued Lindows in Sweden, France, Belgium, Luxembourg, The Netherlands and Canada. Michael Robertson has called this situation "Sextuple Jeopardy", an extension of the term double jeopardy. As early as 2002, a court rejected Microsoft's claims, stating that Microsoft had used the term "windows" to describe graphical user interfaces before the product, Windows, was ever released, and that the windowing technique had already been implemented by Xerox and Apple many years before. Microsoft kept seeking retrial, but in February 2004, a judge rejected two of Microsoft's central claims. The judge denied Microsoft's request for a preliminary injunction and raised "serious questions" about Microsoft's trademark. Microsoft feared that a court may define "Windows" as generic and result in the loss of its status as a trademark. In July 2004, Microsoft offered to settle with Lindows.As part of this licensing settlement, Microsoft paid an estimated $24 million cash (for a case that Microsoft itself brought), and Lindows transferred the Lindows trademark to Microsoft and changed their name to Linspire. Many analysts concluded that Microsoft appeared to have been unwise in choosing generic names for many of its products, such as Office for an office productivity suite, Pocket PC for software for a pocket-sized computer, and Project for project scheduling software.
Hi, Many thanks for all your input and in particular Dave who put me in touch with Zac in the U.S. who has been very helpful. Kind regards - JB
O.K. I have taken down the website which I thought would be the end of but the lawyer wants me to make the Domain name void or give it to her client for free. I offered to sell it to the client but she has obviously advised them against this. My question is can I cancel my ownership of the Domain and get e-mail proof from the Domain registrar NETFIRMS only to but it back in a day or two by another registrar. I am really unhappy about not only have these assholes had me take my site down but now they want the Domain for free despite making hundreds of thousands of Euros every year. Any sensible advice welcome. JB
Refusing to buy the domain is stupid. they should AT LEAST compensate you for the money you've paid for the domain. - try requesting that. Augh, I hate it when large companies do that.
counter sue them for any charge there is that constitutes they are attacking you and destroying your business/livelyhood (job/business)
Should they when they don't have to? They might even go as far as demand you pay them any money you made riding off their trademark. If they sue you for trademark infringement and win, what you suggested isn't going to matter. At the end of the day, it's a choice between beating your chest and backing down to live longer.
Obviously need the view of a IP solicitor to get a professional opinion of your position/ probability of wining etc. There are many considerations from trademark infringement to passing off. When you bought the domain, was it intentionally because of the .com or were you unaware of the spanish company at the time of buying the domain?
mm sorry i dont really know much about law at all...you could just give them a finger? that could make you feel better maybe?