opinion Lawsuit is coming! What are the possibilities?

[Heisenberg.d]

So here is a domain I own ( Bought few months back from GoDaddy AUCTION),

let's say it CompanyAv.com. (Both "company" and "AV" are keywords for reference purpose) First registered in 2000 and I'm only the second owner (from JAN'21).

Just last week I reached to a company that operates in domain 'Company.co', started in 2017, a well-funded billion-dollar AV- lets say Antivirus company, for selling the domain along with few other leads.

Today itself a company lawyer approached me saying that I have no right to own this domain since his client operates that business and my intent is bad. and they are proceeding with further steps.

"Company" is a very generic keyword also the term "AV" ( Anti Virus, Audio Visual, Automated vehical etc.. ) means a lot many things. A company that used to own that name was in -- let's say: audiovisual business,

Now my intent: obviously to earn profit from the name, but are they going to prove it ??
Since I am a legitimate owner of the name I have the right to sell the name at whatever price I want and to whomever, It's not even a trademark name, but the only thing going opposite to me is that I reached to them to sell the name first.

* The name has other leads as well which also operates in "AV" related business.

 

[EJS]

I didn't interpret @noneisnone 's posting like you did.

@jberryhill often participates completely voluntarily in these types of threads. And when he does, he always gives a very comprehensive -general- insight into how things work. Always much appreciated.

Right, and that's generous of him.

If a legal threat is pressing, I personally wouldn't wait for an answer on a forum that might never come.

 

[EJS]

I didn't interpret @noneisnone 's posting like you did.

@jberryhill often participates completely voluntarily in these types of threads. And when he does, he always gives a very comprehensive -general- insight into how things work. Always much appreciated.

If I had a pressing legal matter, I would reach out to a lawyer directly to explain the situation and get an opinion based on the facts of the situation.

Yeah, legal services cost money, but that is how he earns a living.

 

[Future Sensors]

Hello @EJS

I don't disagree with you on the matter.

Just saying that I think @noneisnone was misinterpreted.

All fine now.

 

[Heisenberg.d]

If I had a pressing legal matter, I would reach out to a lawyer directly to explain the situation and get an opinion based on the facts of the situation.

Yeah, legal services cost money, but that is how he earns a living.

Well, the purpose of this post is to get inputs from fellow domainers of this page, based on their own experiences. I'm not yet in a legal battle but preparing the ground for my next step, and suggestions can be helpful.

 

[EJS]

Well, the purpose of this post is to get inputs from fellow domainers of this page, based on their own experiences. I'm not yet in a legal battle but preparing the ground for my next step, and suggestions can be helpful.

The alarming title of your post, "Lawsuit is coming!", makes it sound like litigation is pending.

 

[MapleDots]

I own FacebookAV.com

Anyone want to buy it?
If the offer is reasonable I will throw in GoogleAV.com.

Highest bid takes it









sarcasm... for those who don't recognize it.

 

[Heisenberg.d]

The alarming title of your post, "Lawsuit is coming!", makes it sound like litigation is pending.

Yes, it looks like it, but that is the best I would've thought at that point in time.

 

[Heisenberg.d]

I own FacebookAV.com

Anyone want to buy it?
If the offer is reasonable I will throw in GoogleAV.com.

Highest bid takes it









sarcasm... for those who don't recognize it.

You misunderstood half points of the discussion while making this.

 

[Samer]

He said it's a Billion Dollar company

A billion dollar company?

My ***
.co —Add them to HallofShame.com, @Rick Schwartz.

 

[lock]

So just make your companyav a site. I assume though you did exactly what you are accused of. Tip i wouldn't be mailing out instead ranking the page i needed ranked so they see it.

 

[alcy]

They'll prove it's bad intent from the fact you tried to sell it to them.

not a bad point..they could argue that given u offered it to them it.self implies the name is closely enuf related to both their biz..and their industry

 

[Heisenberg.d]

Update: did a little search on the internet and found that the lawyer belongs to a big "intellectual property management" firm, So I believe my chances are slim to none.

Now what I'm gonna do is to stretch it until money is not involved in the process, waiting for their "Next step" and see how things gonna take shape.

So just make your companyav a site. I assume though you did exactly what you are accused of. Tip i wouldn't be mailing out instead ranking the page I needed ranked so they see it.

Yes gonna make a 1-page site say: Company Aviation, with a coming soon tag before they file any lawsuit.

 

[MapleDots]

Yes gonna make a 1-page site say: Company Aviation, with a coming soon tag before they file any lawsuit.

Personally I would just forward the domain to another website of yours because anything you do after the fact can be used against you.

So if you have a domain like PerfectPicture.com forward like this perfectpicture.com/?enter=companyaviation.com

Don't worry about the path it will forward anything after the ? is ignored but show up in the address bar. You can sub anything for the word enter but I like to use that word because it implies you are simply using the domain as a gateway. Make sure the site is totally unrelated and chances are they will not look at that as a threat.

If you try to disguise your domain and you have something like chicagovw.com and you say Chicago Versatile Wheels it is only an invitation to investigate further, ie does that company actually exist and use the domain in commerce.

I forward a lot of my domains to my online store so if you want to see an example of how you can use the string you can type in: follow.ca to see it in action.

You can also use it like this MyOtherDomain.com/?domain=CompanyAviation.com to prefill a for sale lander by naming the field "domain" it will be prefilled.

Many different things you can do but the main thing is not to incriminate yourself any further, set it and forget it and then at renewal decide if you want to keep or drop it.

 

[Beezy]

You are clearly breaching their IP.

 

[johnn]

Why don't you just drop the name and get it over so you can sleep at night.
If you have no chance to win then why waiting for the fight?

Berryhill is my neighbor so if anyone who wants free service from him let me know. I can invite him to my house and get him drunk.

 

[alcy]

So here is a domain I own ( Bought few months back from GoDaddy AUCTION),

let's say it CompanyAv.com. (Both "company" and "AV" are keywords for reference purpose) First registered in 2000 and I'm only the second owner (from JAN'21).

Just last week I reached to a company that operates in domain 'Company.co', started in 2017, a well-funded billion-dollar AV- lets say Antivirus company, for selling the domain along with few other leads.

Today itself a company lawyer approached me saying that I have no right to own this domain since his client operates that business and my intent is bad. and they are proceeding with further steps.

"Company" is a very generic keyword also the term "AV" ( Anti Virus, Audio Visual, Automated vehical etc.. ) means a lot many things. A company that used to own that name was in -- let's say: audiovisual business,

Now my intent: obviously to earn profit from the name, but are they going to prove it ??
Since I am a legitimate owner of the name I have the right to sell the name at whatever price I want and to whomever, It's not even a trademark name, but the only thing going opposite to me is that I reached to them to sell the name first.

* The name has other leads as well which also operates in "AV" related business.

so just to be clear.. are u also willing and prepared to just give it to them free to avoid problems? and if so...then do u take into consideration they may no longer accept it free of u wait too long and they begin the legal process?

 

[alcy]

I didn't interpret @noneisnone 's posting like you did.

@jberryhill often participates completely voluntarily in these types of threads. And when he does, he always gives a very comprehensive -general- insight into how things work. Always much appreciated.

this participating it can also be great way to advertise his services and find work. so its win win for all

 

[alcy]

Why don't you just drop the name and get it over so you can sleep at night.
If you have no chance to win then why waiting for the fight?

Berryhill is my neighbor so if anyone who wants free service from him let me know. I can invite him to my house and get him drunk.

yes but make sure yer wife is away at that time.

 

[johnn]

I know better than that.
I will get my wife drunk first.

 

[KnifeCatcher]

Genuine question - what is the worst that could happen? handover the domain?

 

[john888]

You sending outbound emails is proof you against you. They most likely would win any lawsuits. However they may just be trying to scare you into giving it to them, and may not do anything if they don't really want it.

I don't see how emails can be submitted as evidence in UDRP's since emails can be altered.

Are emails legally binding?
It is very unsettling for people to learn that email, that they thought is strong proof of “Who said what to whom” is easy to defeat.
Email can be by all means submitted as evidence in court in the same way as you would any other form of documentary evidence. However, the reliability of e-mail evidence will be subject to scrutiny.
For email communication, burden of proof lies with the party who wishes to employ an email record as evidence of an electronic transaction and therefore such records must be in a court-admissible format.
Printed email is definitely not admissible at court as the other side can simply challenge email’s authenticity. Nowadays you can easily change the email address, timestamp and message text so the other side can easily claim that you altered the email and printed it off.

 

[alcy]

I don't see how emails can be submitted as evidence in UDRP's since emails can be altered.

Are emails legally binding?
It is very unsettling for people to learn that email, that they thought is strong proof of “Who said what to whom” is easy to defeat.
Email can be by all means submitted as evidence in court in the same way as you would any other form of documentary evidence. However, the reliability of e-mail evidence will be subject to scrutiny.
For email communication, burden of proof lies with the party who wishes to employ an email record as evidence of an electronic transaction and therefore such records must be in a court-admissible format.
Printed email is definitely not admissible at court as the other side can simply challenge email’s authenticity. Nowadays you can easily change the email address, timestamp and message text so the other side can easily claim that you altered the email and printed it off.

u can ask hilary Clinton if emails are important..binding etc..

 

[alcy]

Genuine question - what is the worst that could happen? handover the domain?

well he speaks of lawsuit right from title... and think logic..do lawsuit always or usually just end with a freeco handover no other consequences to defendant.. rarely

 

[KnifeCatcher]

well he speaks of lawsuit right from title... and think logic..do lawsuit always or usually just end with a freeco handover no other consequences to defendant.. rarely

Other consequences like what? and how enforceable would these be?

 

[alcy]

Other consequences like what? and how enforceable would these be?

monetary I suppose... but I'm no lawyer.

paying back.legal fees could be part of it for sure...and then just penalty fees..

logic dictates.