Hello; Approx. 4 months ago, my partners and I purchased 160 domain names. We do (did) intend to utilize each of the .com names for web sites. The .net would be forwarded to the .com names. Three weeks ago I received a letter from an attorney representing a company. The attorney accused my partners and me of Domain and Cyber Squatting. Why? Each domain that we own has an affix (suffix) of a company located here in NY. The affix is “athomeâ€. This company is trying to say that they own the phrase “athome†attached to every domain name. Keep in mind that the complainant is accusing us of using their Mark “athomeâ€. Their attorney is saying we will confuse the market by using the “athome†affix. Remind you that if you were to juxtapose our web site with the complainants, you will see a huge difference. Furthermore, our site does NOT infringe nor does it take away from the complainant’s site. We are not going after their market not are we calling on their clients. Now, my partners met (without me) the complainants to settle this out of court. They are turning over all the domains for little money! They have buckled and I am very upset. Please help.
In the UK (not sure about elsewhere) it costs £800 ($1600) to take somebody to Nominet's domain resolution service. So if I register somecompany.com and they want to take it from me its going to cost at least £800. This means you are in a pretty strong position IMO, especially when its a price per domain.
This company has already served papers for us to appear in Federal Court! Only to seek an injunction! I’m not saying they’d win; however my partners are running with their tails between their cheeks. I would like to appear in court without a lawyer and argue my case. I think I have a very strong assumption of winning. I read case file and the law; however I’m not a lawyer. Still, I’d think I’d win this case because there are so similarities to the web sites. Also keep in mind, we did NOT approach this company to resell for profit nor gain. The compnay contacted us to settle...for little money. Let me say this too, there is alot of money ridding on these domains.
The worst that can happen is you have to give them the domains. Whats the point in letting them settle out of court when there is no greater risk in you going to court and fighting it.
I have a domain that starts with the letter i. I am suing iTunes and all the rest of the thieves who ripped me off.
So what is it you want help with? Picking better partners? Sounds like you already gave the names up, so what is it you are seeking help with?
It's because they are threatening (if won) to recover lost revenue, attorney fees and etc. My partners are NOT willing to take this chance; however. I am wiling to stand-up to the big guy and tell them to kiss my ass! The good thing is that we are an LLC, not a DBA.
Seeking help? Maybe? But I think I'm informing my fellow web masters to be careful and do your homework! Trust me, if this were my decision I'd be fighting for my rights. It's all about money, lawyers and cowards.
You see, the domains are city portals! There is huge money to be made from advertising dollars! This company has already established (five years) a business with the "athome" attached to its city portals. They (the thieves) know the money is a lot when they put another portal in a city (e.g. Chicago). We own Chicago, Baltimore, Miami and more. They want these portals real bad and my partners want to recover their money form the purchase of 160 domains. I say NO!
What was the Federal Injunction seeking to enjoin you from doing? P.S. Your post ended with the words, "please help", I must have mistakenly interpreted that as a request for help.
You're right, I need help. But I guess I want to help others too so this does not happen to anyonne here! The injuction is to stop us from using the domains...until it's resolved by a judge.
Can you personally buy the domains from the LLC for the cost of the domains? You could also indemnify your LLC partners against any judgment and perhaps go it alone with the domains?
Sad to see your partner gave in. You say "please help", but what sort of help do you need now that an agreement has been reached? John Berryhill is a good domain attorney, johnberryhill dot com Keep us posted how this pans out. It might not be too late to save the domains.
The domains have not yet been sold nor squashed. Our attorney is writing the agreement to dissolve the partnership and he will be reviewing the agreement to turn over the domains to this company. My partners have offered me the LLC, however for a price. The terms of the buyout was not yet spelled out to me.
An option is setting up a website where you tell about how you are being harassed for simply owning domains with "athome" in them. Submit it to digg.com and other site like it and generate as much bad publicity for the company as possible. It may persuade them to stop the legal case against you. Some companies are sensitive to this, others just won't care however.
I hold copyright to the letter "e" so for every "e" you have ever written I expect payment. Thank you. How ludicrous .... I HATE reading stories about the big boys coming down on folks because they nabbed a decent domain name.