4 ms·

Do you think Apple would come at us?

by lachyg 16y ago

vaksel 16y ago
eventually yes...they have to defend their trademark or they'll lose it. Here you can see a bunch of domains that they fought for: http://www.udrpsearch.com/index.php?query=apple&search=parties http://www.udrpsearch.com/index.php?query=apple&search=p... Granted for each one of those, there are probably hundreds of domains flying below apple's radar...but if you get big, you can expect them to sue.
- lachyg 16y ago
  I'm prepared to think we're safe, for at least quite a while. I imagine they would allow you to move before having to give it up as well. They seem to mainly be after direct names e.g. iPod Nano, or Airport, etc.
  - vaksel 16y ago
    what I would do in your position is start a site called skinz.com or something along those lines. And use the ipad site as a way to direct traffic to it. i.e. in the footer list "a skinz company". Also setup a newsletter and add a subscribe to newsletter button prominently on your site. This way you'll have a way to contact your users when Apple hits you(and if you get big, they will). Then you just tell them to come to your skinz.com/apple-ipad-skins website and instead of losing all your traffic, you'll lose just half.
    - one010101 16y ago
      FTW! Good advice. That would give you a way to keep earning income on your products even if the name itself gets "complicated" by potential future legal action. Any of us who have done a successful startup knows that the name itself is great for marketing, but as soon as it becomes a liability be prepared to sell it or abandon it, if necessary. Word of warning: legal action is a major expense, once it gets its teeth into any company. Even Microsoft suffered tremendously because of it. Litigation is the most expensive legal action for both sides. If you can meet a challenge with an amicable settlement you will have a much greater chance for survival long-term. i.e., be prepared to cease and desist on the narrow issue of the name. Try to contain the legal issue. My advice (which is solely personal. I am not a lawyer) is to do all you can to anticipate legal challenges and have files ready to go when your attorneys might need them. Or, if the IRS requests documentation. They require full and complete business records. The standard is nebulous, except as regard financial transactions. Those are pretty clear. Full and complete is safest. Documentation is like disclosure. Just like the old joke about voting in Chicage. "do it early and often" Not publicly, necessarily, of course. Before you even start using a trademark owned by a large company, you need to prepare your eventual defense theory. Look at the case of Mr. McDonald who was told he can't use that name. Even though it was his. And make sure you have a good attorney involved from the get-go. Don't let him prevent you from doing things so much as allow him to be ready for any legal challenges. My 2c worth. Good fortune, my friend!
  - one010101 16y ago
    You've got the right attitude for running a business, however I would caution you to begin preparing your counter-case now, just in case. No pun intended.
deleted 16y ago
[deleted]
one010101 16y ago
Yes, eventually. Their success will hinge on whether you used the name before they did, imho. But you are a value-added service for them, so unless you poke at them they might simply decide to tolerate it. Their case would be complicated, regardless of the registry dates. But they have deep pockets and a case like that would bring them publicity, (as it would you), so who knows what they'll decide to do or not. Hard to predict that one. If I was on their counsel staff I'd say they should go for it and make sure there is nobody else using their trademark. And that's their pattern. I hope you're saving most of your income for your next venture. And I hope you are preparing your legal team with all the information you have available so they can give you the best advice possible. Good luck, my friend.

Do you think Apple would come at us?

by lachyg 16y ago

Do you think Apple would come at us?

eventually yes...they have to defend their trademark or they'll lose it. Here you can see a bunch of domains that they fought for: http://www.udrpsearch.com/index.php?query=apple&search=parties http://www.udrpsearch.com/index.php?query=apple&search=p... Granted for each one of those, there are probably hundreds of domains flying below apple's radar...but if you get big, you can expect them to sue.

lachyg 16y ago
I'm prepared to think we're safe, for at least quite a while. I imagine they would allow you to move before having to give it up as well. They seem to mainly be after direct names e.g. iPod Nano, or Airport, etc.
- vaksel 16y ago
  what I would do in your position is start a site called skinz.com or something along those lines. And use the ipad site as a way to direct traffic to it. i.e. in the footer list "a skinz company". Also setup a newsletter and add a subscribe to newsletter button prominently on your site. This way you'll have a way to contact your users when Apple hits you(and if you get big, they will). Then you just tell them to come to your skinz.com/apple-ipad-skins website and instead of losing all your traffic, you'll lose just half.
  - one010101 16y ago
    FTW! Good advice. That would give you a way to keep earning income on your products even if the name itself gets "complicated" by potential future legal action. Any of us who have done a successful startup knows that the name itself is great for marketing, but as soon as it becomes a liability be prepared to sell it or abandon it, if necessary. Word of warning: legal action is a major expense, once it gets its teeth into any company. Even Microsoft suffered tremendously because of it. Litigation is the most expensive legal action for both sides. If you can meet a challenge with an amicable settlement you will have a much greater chance for survival long-term. i.e., be prepared to cease and desist on the narrow issue of the name. Try to contain the legal issue. My advice (which is solely personal. I am not a lawyer) is to do all you can to anticipate legal challenges and have files ready to go when your attorneys might need them. Or, if the IRS requests documentation. They require full and complete business records. The standard is nebulous, except as regard financial transactions. Those are pretty clear. Full and complete is safest. Documentation is like disclosure. Just like the old joke about voting in Chicage. "do it early and often" Not publicly, necessarily, of course. Before you even start using a trademark owned by a large company, you need to prepare your eventual defense theory. Look at the case of Mr. McDonald who was told he can't use that name. Even though it was his. And make sure you have a good attorney involved from the get-go. Don't let him prevent you from doing things so much as allow him to be ready for any legal challenges. My 2c worth. Good fortune, my friend!
- one010101 16y ago
  You've got the right attitude for running a business, however I would caution you to begin preparing your counter-case now, just in case. No pun intended.

deleted 16y ago

[deleted]

one010101 16y ago

Yes, eventually. Their success will hinge on whether you used the name before they did, imho. But you are a value-added service for them, so unless you poke at them they might simply decide to tolerate it. Their case would be complicated, regardless of the registry dates. But they have deep pockets and a case like that would bring them publicity, (as it would you), so who knows what they'll decide to do or not. Hard to predict that one. If I was on their counsel staff I'd say they should go for it and make sure there is nobody else using their trademark. And that's their pattern. I hope you're saving most of your income for your next venture. And I hope you are preparing your legal team with all the information you have available so they can give you the best advice possible. Good luck, my friend.