DO I have a case?

[Day Dreamer]

Hey guys,

As u know I own www.northwestonline.com, the nets oldest web design firm.

I googled it today to see where I was (I have not piad my seo guy in three years) and it seems I am at the bottom, BUT....

I noticed that northwestonline.org and net are using my name.

It seems to me that since the name is trademarked, (OR. 1995) that I can sue them for damages and or get them to caugh up some cash for using the name.

Anu ideas? Or am I just deperate for cash.

P

 

[3GN Media]

You have a ok chance =\ but an Internet forum isn't the best place to get legal advice haha

 

[RakeshRaja]

hi

let me konw first these things

[1] do u have tradmark on your domain
[2] have u registered this domain before those .org and .net?
[3] are both other domains have same business/contet like you?

than i can say something

 

[WuLabsWuTecH]

A lot of things we need to know.

1: When did you TM your name?
2: When were the .org and net registered?
3: When was the .com registered?
4: are the other sites making any money?
5: If yes, how?
6: Do you want them to pay damages, are you looking foa remedy? continual use fee?
7: How well known is your comapny (no offence but I just heard of you 2 minutes ago) doesn't mean it's not famous though, just b/c I stumbled upon Windows XP 5 minuts ago means nothing (example only, not that dumb)

 

[Smith]

It's a generic term.

Looking at the other sites, I don't think you have a case. If they were competing design companies or something, maybe, but really what you're talking about is reverse domain hijacking (extorsion?).

 

[JMJ]

They have been registered since 1999 are you really all that concerned, hard up for cash, or have you been lost in space for the past 6.5 years?

 

[labrocca]

imho you have no case

 

[dev99]

You have a case i think if the general idea of the sites is the same to yours, ie they are all web design firms.

 

[labrocca]

You guys should check out the .net and orgs...they are clearly not competing or imho infringing.

I googled it today to see where I was (I have not piad my seo guy in three years) and it seems I am at the bottom, BUT...

What term did you use to search? And maybe you should be paying your SEO guy if your rankings are dropping and you care.

 

[dev99]

Also, you probably should have regged the .net and .org, to protect it.

 

[Dave_Z]

I was also about to say the other 2 sites are non-competing. But Labrocca
beat me to it. :D

It's too bad you didn't register the .net and .org versions when you had the
chance back then. And I doubt their respective owners will sell those names
to you if you ask them.

 

[chawlars]

Your home page states"
This domain has just been registered for one of our customers
so unable to suggest some thing concrete, but one thing is for sure; such litigation is going to be very expensive. The first thing to be done should be asking them to remove your names and in case they do not do in certain time given by you, lodge protests with all internet regulatory bodies
www.b2blounge.com www.checkupinfo.com

 

[snoop]

Hey guys,

As u know I own www.northwestonline.com, the nets oldest web design firm.

very hard to believe. I suspect it would make for a comical legal dispute '***** Inc is unfairly competing with my "coming soon" page'.

 

[Genialnames]

As u know I own www.northwestonline.com, the nets oldest web design firm.

 

[MastMnds]

I went yo your site and it says this name was just bought for one of your customers or something in the line of that.

 

[fonzie_007]

No matter if others think you have a case or not, you can always try sending them a threatening letter from a lawyer demanding the domain and that you won't sue if they hand over the domain to you. No trouble in asking... They may give you the domains.

I would go to a lawyer to have the letter drawn up on the firm's letterhead. It would have more of an impact. Additionally, the lawyer may be able to tell you if you have a case or not. Might cost you $500 for the letter and advice, but you may get the domains.

 

[wisconsin]

Hey guys,

As u know I own www.northwestonline.com, the nets oldest web design firm.

I don't see an active site on www.northwestonline.com!

 

[dchesterton]

I don't think you have a chance:

1) Your site isn't even active
2) They sell completely different things

 

[snoop]

No matter if others think you have a case or not, you can always try sending them a threatening letter from a lawyer demanding the domain and that you won't sue if they hand over the domain to you. No trouble in asking... They may give you the domains.

highly unethical.

 

[fonzie_007]

highly unethical.

It would be IF you KNOW or THINK you are NOT entitled to the domain. However, if you know there is infringement and that you have a legal case, there is nothing unethical about writing or having a letter written by a lawyer. You are just asserting your legal rights.

If he goes to a lawyer, the lawyer will be able to advise on whether there is a case or not. If there is NOT a case, then the lawyer is ethically obligated not to bring a lawsuit.

Perhaps you disagree with me, but I challenge your assertion what I posted was unethical.

 

[joshll]

No matter if others think you have a case or not, you can always try sending them a threatening letter from a lawyer demanding the domain and that you won't sue if they hand over the domain to you. No trouble in asking... They may give you the domains.

I would go to a lawyer to have the letter drawn up on the firm's letterhead. It would have more of an impact. Additionally, the lawyer may be able to tell you if you have a case or not. Might cost you $500 for the letter and advice, but you may get the domains.

What and get sued for blackmail ?

 

[TUFKATH]

Whatever... good luck!

 

[Ray]

ur site dont work

 

[jberryhill]

If there is NOT a case, then the lawyer is ethically obligated not to bring a lawsuit.

I am heartened to see that someone understands that.

 

[fonzie_007]

What and get sued for blackmail ?

Do you even know what you are talking about? Do you know anything about law?

 

[jberryhill]

Do you even know what you are talking about? Do you know anything about law?

Do you?

http://washburnlaw.edu/wlj/44-3/articles/gree.pdf
"Theft by Coercion: Extortion, Blackmail, and Hard Bargaining"

When, if ever, should it be extortion for P to threaten that, unless
D pays him a “settlement,” he will file, or refuse to settle, a lawsuit
against her? The case law is divided on this question. Some cases
have held that a threat to file a lawsuit, even if made in bad faith, can
never constitute extortion. Other courts have allowed an extortion
charge to lie if the threatened lawsuit is shown to be frivolous.

Yes, threatening frivolous litigation to obtain something of value can be prosecuted as extortion, depending on where you are.