armchair lawyers get in here - GoFuckYourself.com

BigDeanEvans · 10-06-2009, 12:10 PM

Question; If i snatch up a domain that was about to expire. Lets call the domain joesmithsplumbing.com. They are a plumber in say Texas and I am a plumber in Florida.

Do they have any right to that domain name if its not trademarked? Can they sue me for anything?

Thanks for any input.

pornlaw · 10-06-2009, 12:35 PM

Depends. I just handled a domain name case for an A/C heating company. My clients were being threatened with a TM infringement lawsuit because they snatched up a domain name that had another A/C heating company's trademark in it.

You have to check search the TM database to be sure there is no infringement.

CunningStunt · 10-06-2009, 12:42 PM

Are you actually called Joe Smith, or trying to pass yourself off as someone you're not?

If it's a general name I very much doubt they have a leg to stand on.

I've recently had a client visited by a competitor at his offices as this person owns: *Placename*Villas.com, and I registered *Placenames*Villas.com - he said we are trying to pass ourselves off as his domain. He doesn't have a chance, you can't copyright a city name and type of house

Put my client out a bit, lilly livered pansy.

BigDeanEvans · 10-06-2009, 01:49 PM

The domain isnt trademarked, i searched the trademark database. And no, im not joe smith, i basically just bought the domain because its old, has a lot of back links etc but i would like to know if they have any type of case because naturally, they are screaming they are gonna sue and blah blah.

I did have a problem one time when i did the same thing but the person actually had the type of business in my state so my lawyer said they have a case with unfair business practice so i just scraped the domain...wasn't worth the fight in court.

woj · 10-06-2009, 01:56 PM

It all comes down to how badly they want it back, they are most likely just bluffing, but if they are not, it could cost you 1000s in lawyer fees to get them off your back...

BigDeanEvans · 10-06-2009, 02:10 PM

Yeah you're probably right. I guess it doesnt help that the person is a lawyer

Quote:

Originally Posted by woj

It all comes down to how badly they want it back, they are most likely just bluffing, but if they are not, it could cost you 1000s in lawyer fees to get them off your back...

10-06-2009, 12:10 PM	#1
BigDeanEvans So Fucking Banned Industry Role: Join Date: Apr 2006 Posts: 1,368	armchair lawyers get in here Question; If i snatch up a domain that was about to expire. Lets call the domain joesmithsplumbing.com. They are a plumber in say Texas and I am a plumber in Florida. Do they have any right to that domain name if its not trademarked? Can they sue me for anything? Thanks for any input.

10-06-2009, 12:35 PM	#2
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,851	Depends. I just handled a domain name case for an A/C heating company. My clients were being threatened with a TM infringement lawsuit because they snatched up a domain name that had another A/C heating company's trademark in it. You have to check search the TM database to be sure there is no infringement. __________________ Michael www.AdultBizLaw.com

10-06-2009, 01:56 PM	#5
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	It all comes down to how badly they want it back, they are most likely just bluffing, but if they are not, it could cost you 1000s in lawyer fees to get them off your back... __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

10-06-2009, 12:42 PM	#3
CunningStunt Confirmed User Industry Role: Join Date: Aug 2006 Posts: 5,594	Are you actually called Joe Smith, or trying to pass yourself off as someone you're not? If it's a general name I very much doubt they have a leg to stand on. I've recently had a client visited by a competitor at his offices as this person owns: PlacenameVillas.com, and I registered PlacenamesVillas.com - he said we are trying to pass ourselves off as his domain. He doesn't have a chance, you can't copyright a city name and type of house Put my client out a bit, lilly livered pansy.

10-06-2009, 01:49 PM	#4
BigDeanEvans So Fucking Banned Industry Role: Join Date: Apr 2006 Posts: 1,368	The domain isnt trademarked, i searched the trademark database. And no, im not joe smith, i basically just bought the domain because its old, has a lot of back links etc but i would like to know if they have any type of case because naturally, they are screaming they are gonna sue and blah blah. I did have a problem one time when i did the same thing but the person actually had the type of business in my state so my lawyer said they have a case with unfair business practice so i just scraped the domain...wasn't worth the fight in court.