How easy is a law suit from the USA to the Uk

[fandie]

Hi

Can anybody please answer this question. I am currently in negoiations with a solicitor in the USA with regards to my domain name. I am based in the uk does anybody know how easy a law suit from the usa is with regards to me being in the UK

Thanks

Kerr

 

[Badger]

Well, depends entirely upon the circumstances, what it is you are trying to achieve and what your grievance actually is...??

If you are fighting to reclaim your domain (if hijacked) this is easy (with regard your residence) and not something to which a law suit would be suitable for. If you are saying someone is violating something to which you have a trademark and /or a unique product or service then filing a complaint with icann/wipo etc is not reliant upon which country you reside.

In fact there should be very few circumstances where indeed you would need to file, as you say, a 'law suit' against a US person and/or corp. For if you did, you would need some serious resources and will and the wrongdoing had better be worth it for if filed with a US court and if the respondent filed a defence then the case would be heard and heard in person in the court / jurisdiction to where you filed. Even for small claims...

Perhaps you had better elaborate further

 

[fandie]

Hi

Yes sorry original post not too clear, The law suit is against myself if I do not hand a domain over to a certain company which they say violates their trade mark. , I am based in the UK and the company filling the lawsuit is from the usa

Thanks

Kerr

 

[Badger]

oh, just ignore it.... (sorry did I just say that... Read on first)

What you might have received is a cease and desist letter...

If so, they will be implying that you have violated a TM held by them.. If you have e.g. registered gloogle.com then your gonna lose... Transfer the domain to them and apologise

Check out the US TM council here and the UK patent office here and then research past cases with the UDRP here and Nominet in the UK here

And if you need any further help you can PM me your name in dispute and i'll cast my lay eye over it

Good Luck

 

[fandie]

Hi

I have hopefully resolved the matter with them now. The company in question was AOL.

I will keep you posted

Thanks for the advice

Kerr