Domain Trademark Infringement

Discussion in 'Legal Issues' started by weapon-x, Sep 10, 2008.

  1. #1
    This seems to be a fairly unique situation, (at very least one that companies don't like to talk about). I have a client that has been running an e-Commerce site since 2000, and does a respectable amount of business for a mom n' pop operation, ranking well for some high volume terms (albeit completely unintentional).

    Recently a company in the same business market has taken legal action, contending that the domain, infringes on trade-marked business name. The offer on the table for a limited time is $10k in cash, $10k in merchandise, and 3.5 years of redirect, sign over the domain and walk away.

    My question is:

    does this seem like a fair deal? or is the legal action completely absurd?
     
    weapon-x, Sep 10, 2008 IP
  2. MelogKnaj

    MelogKnaj Guest

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    #2
    You need a real lawyer. With that kind of cash on the table it's definitely worth the money to get real legal counsel. It's also impossible to tell whether they have a chance of winning or not without the name/details etc. Again contact a real lawyer.
     
    MelogKnaj, Sep 10, 2008 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Agree with Melog here, especially if the other party is smart enough to scour
    the 'Net for anything regarding this.
     
    Dave Zan, Sep 10, 2008 IP
  4. Business Attorney

    Business Attorney Active Member

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    #4
    I agree with both Melog and Dave Zan. Don't air your strategy in a public forum that your opponent can find.
     
    Business Attorney, Sep 10, 2008 IP
  5. MTbiker

    MTbiker Well-Known Member

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    #5
    From the given details it sounds like it could go either way. Time to get a lawyer!
     
    MTbiker, Sep 11, 2008 IP
  6. Essociate

    Essociate Peon

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    #6
    it could be reverse-hijacking if your client is not infringing on any trademarks. an attorney is essential as others have expressed here already. keep us posted as to what happens.
     
    Essociate, Sep 13, 2008 IP