3 ms·

While this is definitely a bunch a hot air, unfortunately they could frivolous sue you to simply win on financial grounds alone (in particular they could sue yo

While this is definitely a bunch a hot air, unfortunately they could frivolous sue you to simply win on financial grounds alone (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs). I'd evaluate what your endgame is. If your endgame is to keep the domain then I'd get a lawyer in order to make it clear that you will respond to legal challenges (and, yes, the bill is going to run up). If you were willing to sell, for a price, then you should try to figure out how much a legal challenge would cost them and set a price a bit higher than that. Is it fair? Absolutely not, but the US legal system is set up so that those with the deepest pockets often win. It isn't a fair fight for normal citizens, and even having the law on your side is often not enough because it is a financial battle more than a legal one. Either way may be wise to lawyer up today, either for a better selling price, cause them to back off entirely, or move it into the "bury you with costs" phase of bullying.

Shamu 5y ago
> (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs) "This past June, the U.S. Supreme Court ruled that plaintiffs cannot sue companies in a state where they may do business, but do not have significant connections to that state." Bristol-Myers Squibb Co. v. Superior Court of California (BMS) https://www.andruswagstaff.com/blog/supreme-court-rules-plaintiffs-cant-sue-company-anywhere-business/ https://www.andruswagstaff.com/blog/supreme-court-rules-plai...
- throwawayHN378 5y ago
  If I’m not mistaken the lawsuit can be filed but you can win a challenge to jurisdiction. But in order to challenge jurisdiction you need to hire a bar certified attorney in that jurisdiction… thus defeating the point
  - voakbasda 5y ago
    Conclusion: only the lawyers ever win.
  - emteycz 5y ago
    Huh, you can't defend yourself?
    - wyldfire 5y ago
      Yes, you can. But then you'd need to appear... obtw there's serious risk of trying to defend a suit yourself. Maybe the judge would take pity on you and grant a continuance for you to find counsel.
      - gambiting 5y ago
        So what would happen if an American company that owns the .net domain sued me, a Polish citizen, who owns a .com domain, for that domain? My contract for the domain is with a Polish provider, surely it would have to go through a Polish court, no?
        ev1 5y ago
        I'm under the impression that all .com is US jurisdiction, considering that they trivially seize them and VeriSign/the owner of the .com registry is a US company
- yumraj 5y ago
  OP used the word "Solicitor" so am assuming they are not in the US.
  - DonHopkins 5y ago
    Or he could be a boy scout. "Don't solicit for your sister, that's not nice. Unless you get a good percentage of her price." -Tom Lehrer, Be Prepared https://www.youtube.com/watch?v=gkrheaWuShU https://www.youtube.com/watch?v=gkrheaWuShU
ericb 5y ago
Not a lawyer, but... If OP has first use in commerce that predates theirs they could start, or threaten to start, the paperwork to have the trademark tossed. If they see you are asking questions that aren't a response to bullying, but that would precede a legal an attack their trademark directly, they might find themselves on a different footing. Regardless, the possibility, I would think puts you in a better negotiating position if you're looking for an offer, or just want to make them go away. Seeing a lawyer is likely the way to go. Also, I notice you use the term "solicitor" which makes me think any US law-based answers are less likely to be grounded in reality for you, so add more than your usual pinch of salt to anything you see here, including what I wrote!
azth 5y ago
He could transfer the domain to a friend who is not in the US, and then they'd have nothing to stand on :)
- Trias11 5y ago
  Looks like it's the opposite. They'll sue in jurisdiction where the other guy have to appear in court. If not - they'll auto-win and Verisign will happily transfer the domain to crooks.

Shamu 5y ago

> (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs) "This past June, the U.S. Supreme Court ruled that plaintiffs cannot sue companies in a state where they may do business, but do not have significant connections to that state." Bristol-Myers Squibb Co. v. Superior Court of California (BMS) https://www.andruswagstaff.com/blog/supreme-court-rules-plaintiffs-cant-sue-company-anywhere-business/ https://www.andruswagstaff.com/blog/supreme-court-rules-plai...

throwawayHN378 5y ago
If I’m not mistaken the lawsuit can be filed but you can win a challenge to jurisdiction. But in order to challenge jurisdiction you need to hire a bar certified attorney in that jurisdiction… thus defeating the point
- voakbasda 5y ago
  Conclusion: only the lawyers ever win.
- emteycz 5y ago
  Huh, you can't defend yourself?
  - wyldfire 5y ago
    Yes, you can. But then you'd need to appear... obtw there's serious risk of trying to defend a suit yourself. Maybe the judge would take pity on you and grant a continuance for you to find counsel.
    - gambiting 5y ago
      So what would happen if an American company that owns the .net domain sued me, a Polish citizen, who owns a .com domain, for that domain? My contract for the domain is with a Polish provider, surely it would have to go through a Polish court, no?
      - ev1 5y ago
        I'm under the impression that all .com is US jurisdiction, considering that they trivially seize them and VeriSign/the owner of the .com registry is a US company
yumraj 5y ago
OP used the word "Solicitor" so am assuming they are not in the US.
- DonHopkins 5y ago
  Or he could be a boy scout. "Don't solicit for your sister, that's not nice. Unless you get a good percentage of her price." -Tom Lehrer, Be Prepared https://www.youtube.com/watch?v=gkrheaWuShU https://www.youtube.com/watch?v=gkrheaWuShU

ericb 5y ago

Not a lawyer, but... If OP has first use in commerce that predates theirs they could start, or threaten to start, the paperwork to have the trademark tossed. If they see you are asking questions that aren't a response to bullying, but that would precede a legal an attack their trademark directly, they might find themselves on a different footing. Regardless, the possibility, I would think puts you in a better negotiating position if you're looking for an offer, or just want to make them go away. Seeing a lawyer is likely the way to go. Also, I notice you use the term "solicitor" which makes me think any US law-based answers are less likely to be grounded in reality for you, so add more than your usual pinch of salt to anything you see here, including what I wrote!

azth 5y ago

He could transfer the domain to a friend who is not in the US, and then they'd have nothing to stand on :)

Trias11 5y ago
Looks like it's the opposite. They'll sue in jurisdiction where the other guy have to appear in court. If not - they'll auto-win and Verisign will happily transfer the domain to crooks.