Being forces to give up domain name, lawsuit otherwise

This ALL smells "Fishy" to me as I said from the beginning. I don't think the mgr would request to deal with him, his lawyer contected you and that's why he is his lawyer. To do that type of work. Have you done any "research" on this lawyer or lawfirm? Are they even legit?

 

I did a research on him, and in fact he is an Attorney & Entrepreneur, he works in the LA area, he is involved in the music industry and stuff like that.. so this is serious as i can see. they both have a lot of info about themselves in their email, they have address and phone numbers as well as their website, and it seems like it is legit,

 

There are several issues here, starting with the actual name (which you shouldn't post) and including when this singer became known in relation to the domain registration (I didn't see you post anything about this). You may have a girlfriend named "xerox" but you would still have trademark issues with a domain registration. If you want to keep the domain, you really need to consult with an intellectual property rights attorney. Even if you have solid grounds for keeping the domain, this other party can still file a lawsuit against you and attempt to bury you in legal fees to prove your rights to the domain. If you win, you are going still out some hefty legal fees. Quite frankly, I find your story suspect. You claim you registered it for some old girlfriend whom you haven't seen in 9 years, have no idea of where she is, yet you continued to pay for the domain registration? If this isn't a case of cybersquatting, then see an attorney immediately.

 

I guess it's just so much drama to try to keep a domain, the singer became famous like in 2004, and yes, I did keep paying for it all these years, just like I do with other things I don't need in life, but that's just me, this has become very stressful so I guess I am going to have to give it away to avoid more stress and sues, I don't think things should be that way, but when you don't have the money to fight back, we give up.. sucks, that happens a lot everywhere..... This is not a cybersquatting, I have had this for 9 years, i haven't done anything with the website, it's been parked all these years, if anybody made any money off the website, it wasn't me.

 

It really doesn't matter if you are in the right, wrong or it's a draw... You haven't had any intentions of doing anything with it so what's changed?

If you intend to keep it consult with a IP attorney that will deal only with facts (we here are dealing with lots of guesswork based on incomplete information).

If you have zero intentions of consulting an attorney to at least give you the option of saving 10s of thousands to hundreds of thousands of dollars in damages by being fully informed of your risks and liabilities... transfer the domain to them freely with your sincere apology.

 

yeah the second poster is correct

 

Half the people who open threads here should not even be on Internet if you cannot fight for your rights and if your facts are in fact right . this not going to cost you a single penny it will be a ICANN dispute at the most nobody is going to any court !! the fact that you refuse to post the domain name and the party involved does make me doubt the whole thing too . not every one thing or everyone is after money some things in life are just worth fighting over . if you just hand it over some fat lawyer and some greasy manager will make money by charing the that singer ' ohh we had to pay that kid 'maybe even 1k usd ' and you still lose both your dignity and your rights.
and if your facts are wrong then my final advice hand it over to them politely to them

 

I am going back and forth, some people say it's best to hand it over, some say not to,, I've been kind of stresses since yesterday, I"ve been online researching info on how to defend myself, and I am very tired of it already and annoyed that I just feel handing it over to them and relax.. but at the same time it is just not right. I dont' know what to do anymore..

 

In the case of simple trademark infringement where someone registers something like "microsoftservice.com" etc, then you are correct, the chances of a lawsuit are slim and you are probably only looking at a UDRP filing. In this case, if the poster is telling the truth on registration date vs. when the singer became well known, there could be difficulty in a bad faith claim because of the registration date. This is a case where someone with money wants a particular domain for usage as it is the .com version. Even if they did start with a UDRP, a decision isn't binding and the next step would be a lawsuit. Based on the so-called facts, if I was a dirtbag who wanted the domain, I would just sue the owner and not bother with a UDRP. A very effective strategy in IP disputes is to outspend the other party and obtain the domain by default. As someone who has spent a heck of a lot of money in IP disputes, I can tell you from experience that deep pockets will think nothing of forcing you to spend hundreds to thousands of dollars to keep a domain they want - even if their chances of winning are slim. The legal fees of a defense to go through a court trial is easily over $100k, and probably closer to $200K. With appeals, you could spend over a million dollars to keep a domain that is yours. You'll be tied up in court for years. You win, you are out your legal fees. You lose, and you could be looking at paying up to treble their legal fees, plus damages if they have a federal registration. They will do an asset search. They will know what financial resources the domain owner has - they will know if they can afford to spend hundreds of thousands of dollars. If not, a lawsuit is a legal and scumbag way of taking a domain. Even if you have the money to pay for the legal fees, few domains are worth the expense of a defense. Do you really want to spend that kind money to make a point - money which the OP has said they don't have? This domain likely has no real value because it could never be used to run a commercial site to promote this artist without their permission. Anyway you look at it, a fight isn't going to be a smart business decision. The OP needs to discuss his case with an IP attorney that can examine all the facts so they can access the case. While you should never directly ask for money for a domain in this type of dispute, it may very well be that they would be willing to offer to pay something for the domain.

In a UDRP filing, you can file the response yourself - but it is going to be time consuming and you will need to spend a lot of time researching exactly what you need to do. It will cost you about $4K - $5K to have an attorney prepare the UDRP response. The decision is not binding on either side. In a lawsuit, you will need to hire an attorney. It's not something you can even attempt to do yourself. If someone had no money, they could wait to see if they actually follow through with legal action, or you could just turn over the domain if you want to limit all risks. If the other party does take legal action, in the majority of cases, it can be resolved by turning over the domain without any additional cost. Again, call an IP attorney and at least get a quick opinion which might not cost you anything.

 

If he has an attorney, then remember he works for him and has no concern for you. His attorney will say things to frighten you without actually saying anything illegal. His suggestion that you "educate yourself as to applicable internet laws" is exactly the sort of thing to expect where he is scaring you into thinking he has an air-tight case without specifying what case law might apply. You'll have to be strong to deal with it, and if he is determined then expect some hassle. They will be out to scare you into submission without it ever getting near a court or arbitration because if what you say is true they are unlikely to succeed, but the pressure they can exert can be hard to take at times. Be strong, and if they quote case law, make sure you read it.

You WILL need an attorneys advice to start with just to clarify your position - you'd be a fool not to. After that you might be able to stall and deal with them directly unless court action is started. Chances are they will have deeper pockets that you, and racking up an expensive attorney bill could be more devastating to you than sending polite "get lost" letters in reply to their demands. This might also be time to start searching for some specialised forums about this sort of thing - I'm sure their must be some (I'm saying this without looking) - just to see what sort of things are being said.

 

Just thought this might help you seeking advice from legal point of view.
http://forum.freeadvice.com/
http://www.lawyers.com/discuss-your-legal-issue.html
http://www.expertlaw.com/forums/

Honestly, even if I am not a lawyer, but I think if what you said is true then they have nearly no case against you. Since they are doing this in favor to the artist then they are most probably don't mind spending at all.

Wish you luck with your case.

 

Thanks for all the good feedback, unlike them, I don't have the money to fight back to keep the domain, and more importanly, I don't have the time, I just thought there would be an easy way to resolve this, it's odvious that they want the domain as they stated in one of the emails they send me, and they won't stop untill they get it, they are stating I am using the domain to make profit.. since the domain has been parked on godaddy and someone said to unpark it because there are ads on parked sites that might mislead people, I went a head and unparked it and now there is nothing on it but a welcome to my webpage, so I sent them an email explaining to them that I have unparked the domain and I was planning to buil a personal webpage, and the site won't have anything that refers to the singer, I am just now waiting to see what they say... I don't think you will take that, but I am trying to meet them half way, hopefully they'll understand, hope so

 

They won't. They want the domain, and you're dealing with someone who is "lawyered up". The pressure they will exert will be extreme, but you CAN handle it. Don't automatically reply to every letter you receive within a matter of hours - give yourself time to think about whether a reply is warranted and what you are going to say. Your immediate replies and what you have done so far will embolden them because they know they have you rattled. If you think it's bad now, just wait.

Make your position clear to them in a single letter - you bough the domain before the singer became famous, it was for a girlfriend with that name, the name is common, and you have no intention of giving up the domain - and in subsequent replies you can simply state, "My position was made clear in my previous letter of X". Don't get into a battle of words with them because their attorney is experienced with this kind of thing and you aren't. It doesn't take any time to ignore their letters and threats so don't worry about it taking up a lot of your time, and you need to put it out of your mind when you aren't sending them a single letter of reply at least 72 hours after their last contact (if at all). I know it will be hard, but you musn't let it worry you or you'll never get anything done and you'll drive yourself crazy. However, don't be accused of ignoring them so keep communication open, but don't get into long discussions about what is "fair" or "decent" because they doesn't come into it.

We're not talking about a rational situation here, or one where fairness, decency, or emotion matter. It doesn't seem like they have a chance if it came to legal proceedings and you must keep that in mind. They have you unsettled you and you need to take back control. Do not do anything different with the domain. Get someone with a experience to help you write a one-off letter to them explaining your position and make it clear you will not be giving them the domain. Then put it out of your mind, sit back, and ignore the majority of what they say or attempt. You only need to get further involved if it looks like they are taking things forward. Keep a copy of everything they say or do in a safe place because it may help to work in your favour if it ever gets as far as court or arbitration where you can show how unreasonable they have been.

I repeat again. Don't get involved in a protracted exchange of words or letters and don't let it get to you. Don't take any action that shows them they have you on the rails. They have the upper hand at the moment. You need to stop taking any rash actions like you have so far. Calm down and don't do anything else until you consult and attorney or expert in these matters. If I was them I'd be celebrating your actions so far and I'd know it won't be long until you gave up. Take stock, slow down, and take advice.

 

extremely well put by RonBrown, rep added JM2010 i know it could be stress full mate , just take a deep breathe and chill do as RonBrown has said ,

 

they have done such a good job on me right now, you are right, I am just all over the place right now, basically, just worried and concerned, but if i haven't done anything wrong, I shouldn't be that worry, but at the same time, I don't want to spend money, consulting an attorney for a letter is going to cost me money, and if they go a head and sue me, I have to seek for help, more money, and I am not getting this money back, and I don't think I can sue them to pay for fees and things like that.. didn't think I was going to get in trouble for having a domain, but I feel much better now, I won't let that bother me,

 

Another possibility: Maybe someone else would like the domain. Sell it to them, if they're informed of the lawyer fellow and willing to do the deal.

Maybe there's a more famous person or trademark who wants the domain more. Maybe there's a T-shirt or celebrity photo company who would like the domain.

 

If you don't want to spend on attorney fees, but you are absolutely sure of your position, then ask a friend, someone you trust, or help from a forum, on what to say and write a letter to their attorney (might as well have him billed for his attorney's time) and send a copy to him - not an email.

Make your point in simple words - no emotion, no "I thoughts", no reference to fairness. Just the facts without elaboration. Don't mention the singer in relation to the intial purchase, but you can mention in passing that you've never heard of the singer until their letter so you would hardly call her a national celebrity (an unecessary cheap shot - I can't help myself). Tell them you will not be surrendering the domain, and if they attempt to force ownership you will vigorously defend your rights to own and retain the domain. That's it. Don't offer to sell, don't offer to change anything. That is your position and you aren't surrendering the domain.

They might come back with an offer to purchase, but its more likely they'll try to bully first. If they write to you with nonsense or bullying or tell you you haven't a chance (what else would you expect them to say), reply a few days later with "My position was made clear in my letter of X and this position has not changed". If it goes on too long, reply with the same sentence but with a "this is my final response on this matter". After that, ignore all other letters unless there is something of interest.

Do not - EVER - speak to them unless you can record the call.

It only really starts to get serious when further action is taken. Threats of action are not action, and can largely be ignored as part of their tactics, so don't let threats blind to what they are....empty words. Their letter will be full of mights, maybes, and coulds. These are designed to un-nerve you but don't take the process any further forward. Their attorney might be more reasonable but it sound like the original person to contact you is a bully, and their attorney will have to act on his instructions up to the point where it becomes illegal.

They are banking on your ignorance, your fear of litigation, and your fear of potential expense. Put them aside until it becomes more serious, and it only gets serious when real action is taken not threatened. Even then, starting off a process isn't completing the process so even if you receive court papers or similar it still isn't time to worry although you will need professional advice at that time (not necessarily an attorney although this would be advised). Since they are the potential litigant its up for them to prove they have the right to own the domain - you don't have to prove anything - so you don't need to defend yourself at this time.

Digging in your heels will probably infuriate the manager which is to your advantage - his attorney won't be bother either way as adversarial letters is everyday business to him. Don't try to be adversarial because they will be much better than you and the attorney will have years of practice. Keep emotion out of it.

Selling the domain may not be a good idea at this time. If you sell it on the back of the domain being a famous singer then you have just confirmed their initial thoughts and there's nothing stopping them coming after you for any profit you make if they are vindictive enough - bully's alway are.

 

The problem is, you have a domain with a name that isn't yours. I can't understand why you want to build a personal web page with a name that isn't yours. Quite frankly, the whole story doesn't make sense. I sure hope you can produce the proof of this girlfriend - otherwise, it is going to look like you heard of this up and coming singer, decided to register the domain, and have sat on it for nine years as this singer became more and more famous.

 

hahaha make a deal with the singer, tell her to purchase domain from you otherwise you will sue her. You need to proof! Suggestion get some dollars from her.

 

One of the dumbest posts on DP. Idiots should not give suggestions in the legal section.