Quote:
Originally Posted by Barry-xlovecam
You will have a very hard time collecting damages.
If Oakley's Attorneys are cooperative forward that email to the Paypal Legal Department in printed form, certified mail, return receipt -- try to make some shit flow downhill and get your money released.
Paypal probably got a call from an Oakley representative threatening them with a legal action and acted ex parte and arbitrarily. That's Paypal's corporate culture in my experience.
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No Paypal specifically said they got "a restraining order" from these guys to freeze my funds. And Paypal doesn't have my funds any longer mmmmmm. The funds are clearly in the hands of the people representing Oakley now. So I don't think Paypal would release funds unless there was judgement/enforcement order from a judge.
And it's irrelevant that they might be cooperative now. I was NEVER SERVED any legal documentation to me. If they had my name, email, they would have also had my whois from the time I owned the domain name. I was never contacted by the attorneys regarding this case.
The bottom line is I got dragged into this mess and if only they did their due diligence which would have taken 5 minutes that any newbie could do, they would have seen I was not even the owner of the domain. Their incompetence is where this potential lawsuit will be the basis on. Firms/Corporations have been sued for much less reasons and won, mine is as clear cut as it gets. It's an easy win for any attorney firm litigating this lawsuit. Not to mention, the media would have field day. And the publicity for their attorney's firm and Oakley would be a disaster. Tell me what intellectual property corporation in the future would hire this firm again when they can't do a simple investigation and potentially cost their clients punitive damages in lawsuits rather than win lawsuits against the actual pirates.