Advice needed on Damages

[suthra]

Hi pals,
I recently owned a typo of a famous website.
Consider for example: Times.com and i registered Time.com(typo of times)

I joined an affiliate program (say for example>> india.com (where both india.com and times.com are in the same line of business.)
and used the following words

Time.com is now a part of india.com
and added an image which will redirect the users upon clicking to my affiliate link at india.com.

Now, times.com filed a case in court against me and i was ordered to immediately shutdown my site time.com which i did.

Now they have filed for damages, that i was trying to spoil their name through this site.

Is this valid?.

Any help will really be appreciated , iam really worried now.

They dint even issue a notice or warning letter before filing for a case or damages.

Thanks a lot

Sarathy.s

 

[Ray]

I cant see how companies make a big deal about this. The internet is not a monoply no is it owned by one such company. They should not be able to sue for a domain even if it is close to there companies. I think its cruel and unhuman to sue a middle class person, when then have like millions of dollars. Its just not worth it in my eyes.

 

[suthra]

Hi templaterave, They dint even issue a notice before filing a case for closure of site and for claiming damages and its a very big company involved in all types of business including media in india.

They also cheated me , by asking me to transfer the domainname to them so that they will takeback the case and now, they are again persuing the case.

 

[primacomputer]

If you have any evidence of that, an email, whatever, it will be very helpful when it comes to to the hearing. You might even get a judge to just throw the thing out right there. This is something you should definitely get a lawyer to look into. He might be able to send them a simple letter stating that there was an agreement for transfer of the name in exchange for waiving the right to legal action and have the whole thing wrapped up in a few days.

 

[Mr. Deleted]

If you have any evidence of that, an email, whatever, it will be very helpful when it comes to to the hearing. You might even get a judge to just throw the thing out right there. This is something you should definitely get a lawyer to look into. He might be able to send them a simple letter stating that there was an agreement for transfer of the name in exchange for waiving the right to legal action and have the whole thing wrapped up in a few days.

I agree, if he transfered the domain, then they have no case.

 

[OvenMitt]

I agree, if he transfered the domain, then they have no case.

That's not true...

That's like saying that I steal a cow, milk it for a year, then return it to the owner, but the owner can't sue me because I gave it back...

He (they claim) damaged the company by his actions.

Must echo some of the advice above: If you don't know what you're talking about (Everybody, not just deleted), don't post and give this guy wrong information.

 

[wchan]

Can you prove beyond a reasonable doubt that you weren't trying to spoil their website? I don't think it would be wise to challenge them, unless you have a strong legal advisor.

 

[suthra]

Hi wchan, i was not trying to spoil their website. If i intend to spoil their website, i would have used "times.com" is a part of "india.com" (as stated in my example).

 

[OvenMitt]

Been a week +. Update?

 

[dsforsaken]

if u ask me i think that all this crap about domain typos is going to far, it should only be used to target spam companies and spyware sites, it should not be used on people who have legitimate sites. But i think you should get a lawyer :D

 

[OvenMitt]

This didn't seem to be a case of a "typo".
And I'm still interested in an update.

 

[fischermx]

I think the really bad thing here is that he put that about "this company now belongs to the other company", jeez !, that must hurt !
Of course, the company will go after him for damages, since he is directly causing a damage, of course. Not want to be pesimistic, it is just how it
sounds.
I would take the "begging" advise.