I received this letter from some attorney regarding my website www.loverslaneintimates.com...a lingerie site: Can be read at www.bizbotic.com/lawyer I responded by taking down the content of the site but am reluctant to settle for his offer of $500 for this domain and two others of similar name. He claims I cannot use it for anything yet I found dozens of sites using the term Lovers Lane. Secondly, I thought that a trademark was for a certain style or design not a common phrase. Thirdly, there is yet another company with a trademark" that is called Lovers Lane (Registration Number 2681836) that was created prior to them for a dietary smoothie company so how can this company say I have to give him something I purchased and built up. I can understand his claim regarding name and content similarity but if I use that name for a dating site or an articles site or something then what rights does he have to something I own without fair compensation. This is not a PR5 or 6 but it is a pr2 with 770 plus incoming links that are targeted and we have had some success with sales as well as repeat customers. Any advice would be great. I am not opposed to selling him the 3 domains but I am thinking a couple grand or better would not be excessive since they would gain all of my links and traffic by setting up a forward. Thanks for taking the time. Scott
Don't let them push you around. One of the first things you can expect from someone that wants a domain is for them to come in with a low ball offer. They obviously want your domain, and they probably figure paying a lawyer to write a letter and offering you $500 is going to be cheaper than offering you a few thousand. If your not doing anything wrong, write them back and let them know you want $10,000 for the domain name, then start negotiating. I think your dealing with a hard ball buyer thats trying to use fear to get what they want. But they are a buyer none the less.
1. I would take this opportunity to get rid of your infringing names and get out before this costs you thousands of dollars. 2. I would tell them that you will cease using the name as it relates to lingerie. 3. I would tell them that you have spent $____ in out of pocket expense, and that you would consider selling the domains, and that they should make you an offer. (Do NOT make them an offer) As far as your pointing out that the name can be used without infringing, you are correct. But, you didn't use it for one of those purposes, you used it to trade on their name. It is probably too late to change, as you have already infringed and been caught. This is more horrible advice that will only damage your position and possibly subject you to more damages. Do not offer to sell, especially, at an absurdly high price. This is not a random letter from someone who wants a domain. This is a letter from a major law firm that has been paid to go after you. I have helped people who WISH they had gotten a letter like this. Instead they were just sued in Federal Court with no prior notice or warning. That is not a cheap problem.
You may have a case... but be forewarned that the moment you advise you are not desisting - the ball is in their court and they may take whatever actions they deem necessary. Their only mark that associates loverslane is their domain name mark (with dot.com) which was registered only a few months ago. Registration DateApril 10, 2007 Your domain pre-dates their marks February 15, 2007. If this is worth your time and effort consult with an IP attorney immediately. NOTE: noticed how they went into details about the expenses associated with the marks??? ... don't forget that you may do the same, detailing your expenses -- it is obvious that they wish to "clear this matter quickly" - so don't ask for money... advise them of your costs... and let the ball roll.
I don't know where you get your information, but they have had that patent for 14 years already. Considering they provided the patent numbers in their letter to him, it is odd, that you still couldn't find it. Word Mark LOVER'S LANE Goods and Services IC 042. US 022 038 039 101. G & S: retail store services in the field of lingerie, swimwear, leatherwear, men's underwear, adult games, gag gifts and novelties, bath accessories and greeting cards. FIRST USE: 19921204. FIRST USE IN COMMERCE: 19921204 Mark Drawing Code (1) TYPED DRAWING Serial Number 74407021 Filing Date June 25, 1993
You can use an already-established name and make money off of it, only if it's not in the same industry.
Here's a lawyer.. Good luck. Mr Lewis is one of the best in the business for domain name disputes. http://www.lewishand.com/DynamicAttorneys.shtml?wldpid=3526484_1&mailpagename=ObfuscatedForm&p=yes
Thanks for all the advice...I wrote back and informed the attorney that though I agreed with part of his allegations regarding the possiblity of unintentional infringement on their name that I still believed the legalities surrounding domain names and trademarks as a whole are a gray area. I explained my efforts and what I thought the domain was worth. He in turned replied he would not get into a bidding war. I responded by telling him I was not looking to create a bidding war but I wanted a fair price for my property and the efforts put forth. I submitted an offer of $1000. He has responded with "Thank you for your response, I will recommend this offer to my client and be in touch shortly." I certainly agree that one should not infringe on another but for him to just say turn over what you own pissed me off. I believe their is still alot of work to establish case law on domains and for an attorney to try and play on everyones ignorance is pathetic. I just wanted to stand up a bit without blowing the whole deal. I hope it ends well as I believ the situation to be about over. Thanks again for all the input. Scott
Yes, you can trademark a name... I would consult with a lawyer if you have any concerns... We turned over a domain several years ago and were compensated for it. Same kind of issue... I took the money.
Oh, either the party in question will register it first or someone else might beat them to it. Then the whole thing starts all over again.
Oct 9th 2007 3:47 pm Pathetic using an affiliate link for an attorney referral. Whoever gave me bad rep for posting a domain lawyer's info in this thread is a joke. This was not a referal link. It was a direct link to one of the best domain lawyers in the business. For any serious domainer would immediately recognise the name ... I've no affiliation with Mr Lewis only that he's good and has won some serious cases with regards to domains. Do you research before you go bad repping people. This should have warranted GOOD rep. In case you were just too lazy to look here's some information. Brett E. Lewis, Esq. graduated magna cum laude from Brooklyn Law School , where he was a published member of the Brooklyn Law Review, and a member of the Moot Court Honor Society. Mr. Lewis is experienced in Internet law, trademarks and copyright law, domain name disputes and consulting, licensing and agreements, and litigation. Following law school, Mr. Lewis worked for a year as a law clerk for United States District Court Judge David G. Trager, in the United States District Court for the Eastern District of New York. Mr. Lewis then took a position with the venerable Wall Street law firm of Winthrop, Stimson, Putnam & Roberts (now Pillsbury Winthrop Shaw Pittman), where he met his law partner, Apryl Hand. At Winthrop Stimson, Mr. Lewis joined the Intellectual Property and Litigation Groups, where he took on substantial responsibility for litigating Intellectual Property and domain name disputes, as well as general commercial matters. Mr. Lewis also gained substantial experience in drafting and negotiating various forms of content and software licensing agreements, distribution agreements, advertising agreements, Web site services agreements, privacy policies and various forms of Internet agreements. After three years, Mr. Lewis left the firm to take a position as Assistant General Counsel at the domain name registrar, Register.com. At Register.com, Mr. Lewis was responsible for managing the company's often cutting edge litigation, dealing with novel issues related to domain names, as well as formulating and implementing a comprehensive IP protection strategy. As the company expanded into new services, Mr. Lewis drafted new services agreements and revised the company's existing ones. Later promoted to Associate General Counsel, Mr. Lewis also reviewed and negotiated various advertising, Internet, outsourcing and technology agreements, all with an emphasis on pragmatism and getting deals done within the time constraints required by the applicable business concerns. A native of New York State, and a cum laude graduate of Hamilton College , Mr. Lewis is completely bald. He has been known to hypnotize opposing counsel with his brightly polished, gleaming bald head. Areas of Practice * Internet Law * Trademarks and Copyright Law * Domain Name Consulting * Licensing and Agreements * Litigation Bar Admissions * New York * U.S. District Court Southern District of New York * U.S. District Court Eastern District of New York Education * Brooklyn Law School, Brooklyn, New York, 1998 J. D. Honors: Magna Cum Laude Honors: Moot Court Honors: Richardson Merit Scholar Law Review: Brooklyn Law Review * Hamilton College, Clinton, New York, 1992 B.A. Honors: Cum Laude Published Works * Reverse Domain Name Hijacking: Extreme Makeover, 2006 * Secondary Obligors and the Restatement Third of Suretyship and Guaranty: For Love or Money, 63 Brooklyn L. Rev. 861, 1997 Classes/Seminars Taught * Speaker, "Domain Name Tasting", Thomson Compumark New York Forum, May 22, 2007 * Panelist, Domain Roundtable Conference, April 19, 2006 - April 21, 2006 * Speaker, Developments in Internet Domain Name Law, New York State Bar Association Internet Law Committee, 2006 Professional Associations and Memberships * New York City Bar Association Member * New York State Bar Association Committee on Trademark Law Member * Committee on Technology Transfer and Licensing Member Past Employment Positions * Register.com, Inc, Associate General Counsel, 2004 - 2005 * Register.com, Inc, Assistant General Counsel, 2002 - 2004 * Pillsbury Winthrop, LLP, Associate, Litigation and Intellectual Property Groups, 1999 - 2002 * Hon. David G. Trager, United States District Court, Law Clerk, 1998 - 1999 Birth Information * 1970, New York
Pathetic indeed for that person to give that rep without bothering to check. Unfortunately, some people are just so pathetically lazy it's pathetic. While I haven't retained Mr. Lewis just yet, I've communicated with him once in a while on this topic that convinced me to keep his details on standby.
Yes, it is dumb that people throw around red rep. I got a red one from someone yesterday saying that I gave them red when I don't work that way. Anyways, green repped you for the great tip on an excellent lawyer.
As the original thread starter here I appreciated the information. As stated before the company agreed to my counter offer of $1,000. They wanted me to turn it over prior to payment and I did not agree. I am awaiting a notarized intent to purchase as well as a copy of their legal license. Looks like everything should go smoothly. Should it not then the lawyer mentioned here will get a call from me so...again...thanks for the info. Scott
Excellent Scott good luck with the sale! Thanks for confirming Dave Zan! Thanks for the green Tushardhoot1