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how much effort does it take to sue some one for domains

Discussion in 'Legal Issues' started by forumrating, Jul 30, 2006.

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  1. #1
    jus was wondering how much does it take to sue some one for domain name issues, does it require legal lawyers fees
    has anyone had experienced in sending legal notices to domain owner holding trademark related domain name .
     
    forumrating, Jul 30, 2006 IP
  2. briandunning

    briandunning Active Member

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    #2
    Yes, it will require substantial lawyer fees (which you may recover down the road if you win), and you'd better be absolutely certain that you will win - no question - or you will take a huge financial hit. Cross complaints are a matter of course these days, and the losing party wll always have to pay the prevailing party's attorney fees. If the actual damages you're suffering as a result of this domain name misuse (the dollar amount you can prove you've lost) are no more than a few thousand dollars, you're better off not taking the risk, IMHO. Other opinions will no doubt differ.

    Also be aware that if you do win, it's by no means certain that you'll ever see a dime. The world is full of people with a judgement against them who never pay a cent. Look at OJ Simpson. The police actually caught a guy who stole my car stereo once, and the judge ordered that I be paid $1500 for the damages to my car. Of course I never saw a penny. The court sent me a letter that said I was entitled to collect this money. Whoop de do.
     
    briandunning, Jul 30, 2006 IP
  3. EuroGuy

    EuroGuy Guest

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    #3
    My advice would be to have commercial insurance with legal cover. Its not that expensive.
     
    EuroGuy, Jul 30, 2006 IP
  4. timw

    timw Peon

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    #4
    If a judge orders it under court... can't you complain that you have yet to see $ and get them to push to pay?
     
    timw, Jul 30, 2006 IP
  5. mhdoc

    mhdoc Tauren

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    #5
    You can't collect money from people who don't have any. You are not allowed to take every cent someone earns (unless you are the IRS) and many in that situation have already trashed their credit so that doesn't matter either. There isn't anything to "push". :)
     
    mhdoc, Jul 30, 2006 IP
  6. marketjunction

    marketjunction Well-Known Member

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    #6
    It depends what level of the court system you are suing them on. For instance, if you sued them in small claims, it's a relatively easy process. Each small claims court has their own guidelines and limits.
     
    marketjunction, Jul 30, 2006 IP
  7. mhdoc

    mhdoc Tauren

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    #7
    Suing is easy, collecting is hard. Why bother if there is no way to collect?
     
    mhdoc, Jul 30, 2006 IP
  8. marketjunction

    marketjunction Well-Known Member

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    #8
    I wouldn't if the defendant had nothing of value--unless it was worth it to just get a domain shut down.
     
    marketjunction, Jul 30, 2006 IP