He's been releasing apps and making money from them...
...
@jberryhill I hope you can find a minute to chime in if you find time.
Sure. This one is simple. Your friend should contact a lawyer to obtain legal advice. Lawyers make money by advising people who are in business to make money. If you are charged with a crime, you can get a free lawyer. Trademark questions, not so much, but you can generally get a quick cost-free consultation if what you have is a simple issue. The trick is having a simple issue, and not having a question that takes ten seconds to ask, but an hour to answer including research - but an attorney can tell you that after considering the question and the real facts.
I'm happy to use questions on this forum as jumping off points for hopefully posting information about trademark law and domain disputes that may be of general interest by domainers.
I'm much less happy to be asked to do free work for something other than a charity which I have chosen to support. I have plenty of chores to do around my house. Nobody ever shows up and asks me what I need done?
An internet forum is a great place to discuss law in general, or even particular cases.
On the other hand, an internet forum is an extremely poor choice to discuss one's legal issues, as opposed to getting in contact with an attorney for a
confidential consultation which, unlike an internet forum website, the other side is not going to be eavesdropping on your conversation with that attorney.
Confidentiality is one of the things to which a person seeking legal advice from an attorney is entitled. Another thing to which such a person is entitled is that such communications with an attorney are not only confidential, but they are privileged from disclosure to the other side.
An internet forum is the polar opposite of what you obtain in an actual consultation with an attorney.
Two of the things I am obligated by law to provide to clients - confidentiality and protection of privilege - are immediately tossed out the window if I purport to advise a client on a public forum. It would be unethical and irresponsible.
Not only would it be malpractice for an attorney to provide your friend with legal advice in a public setting, but it would also be malpractice for an attorney to provide legal advice to your friend in some sort of ventriloquist act.
I get some weird inquiries by email, and I should start a thread on these odd recurring types. Briefly, there is the "I have a friend" call or email where someone such as yourself wants to be the go-between for some odd reason. I don't know if they think they are going to mark up my services or what, but I'm always mystified by the ones who think they are going to get a lawyer to tell them what to tell their "friend". Do people do this with doctors too?
Like, is there anyone here who, when their friend starts coughing up blood, goes to the doctor and says, "My friend is coughing up blood, what should he do?" Because I'm pretty sure the doctor is going to say, "Your friend needs to see a doctor."
Another common one is the one that comes from some gmail address like domainguy56, starts with "Hi John", includes a question of the form "I have a domain name sort of like xxxxx", and they don't identify themselves other than "Dave" or whatever. I don't know what they expect. In order to do something for you and to provide you with all of the protections and advantages that legal advice provides,
I have to know who you are. Plus, I get a strong stalker vibe from people who address me by my first name "John" and do not identify themselves. Basic human courtesy would suggest that you do not act familiar with people whom you do not know, particularly if you are not going to identify yourself in at least as much detail.
But, on top of the weird stalker thing, if you want legal advice from a lawyer, then it is just like going to a doctor for medical advice:
You don't go to the doctor to talk about your friend's symptoms.
You don't go to the doctor and say, "How much do you charge for an appendectomy?" The doctor is going to want to examine you first and figure out whether you NEED an appendectomy, and not simply take your word for it.
You don't go to the doctor and say, "Part of my body hurts. Let's say it is a body part like my nose, but it's not really my nose. What would you do for the pain?" No. You tell the doctor where it hurts and you answer the doctor's other questions, since the doctor is trying to figure out, based on years of education and expertise, what is wrong with you and what you might need. Sometimes, your real problem isn't what you think it is. One thing I can't emphasize enough is that trademark disputes are HIGHLY fact-intensive. Not all trademarks are created equal in terms of strength or scope, so the ACTUAL FACTS matter when the question is one that will determine whether or not someone makes money or gets into a world of expensive trouble.
This question is the double-whammy... The request "for a friend" on facts that are "sort of like the actual facts but not really."
So, to be clear, this is what I would suggest to your friend:
1. Don't authorize your friends to post your legal problems on public internet forums. The people you are concerned about can read them too.
2. Don't seek legal advice on public forums.
3. Contact an attorney yourself. Ask if you could have a brief consultation if your problem is simple. Your problem may not be simple, but any attorney should be able to tell you how much an answer might cost. If you are in business to make money, then, yeah, sometimes you have to spend some of that money on materials, advertising, wages, and, yes, legal services.
I hope your friend finds that advice useful.
