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What would you do?
- Thread starter JasonS
- Start date
Jason, if there is no trademark with the US Trademark offices, he cant do anything. also, he would need to have one in the UK too, like i said before, and that is cause trademarks are not global. just per country.so, he really cant do anything. you are worrying way to much. if you want to re-brand anyways, then go for it, since you would do it with or without him buying it, but, if you want to keep it, then do so.
Hey,
I'm worrying because he said on AIM that he could claim upto $30k, so what am I meant to be doing? Sitting here and laughing at him ;l
yes, laugh right at him. he cant do anything. dude, you live in the UK, not the US. for him to try anything, you would not only have to live in the US, but, whatever state he is in since it is not a trademarked name. if it is a registered business name, then he could only do something if you are in the same state. you arent, so, f*ck him.
40 X 10 and i'd take the deal 
However, take into account the amount of time your spending on this issue - is the domain name really worth that amount of time? Think about it - How much do you think your time is worth per hour? then work out how many hours you've spent dealing with this and if the time out weighs the money - get him to up his money as said above x10.
He can sue you if he want's but I doubt he will - the cost to sue someone overseas is very large. It could be a lot of outlay for nothing in return as most judges here would ask for patents or copyrights and without that he'd have a large legal bill and nothing to show for it.
I'd personally sell the domain at x10 of the amount offerred and re-brand, afterall if he's so keen on the domain and is willing to waste his time chasing it i'd make some money like cyber squatters do
However, take into account the amount of time your spending on this issue - is the domain name really worth that amount of time? Think about it - How much do you think your time is worth per hour? then work out how many hours you've spent dealing with this and if the time out weighs the money - get him to up his money as said above x10.
He can sue you if he want's but I doubt he will - the cost to sue someone overseas is very large. It could be a lot of outlay for nothing in return as most judges here would ask for patents or copyrights and without that he'd have a large legal bill and nothing to show for it.
I'd personally sell the domain at x10 of the amount offerred and re-brand, afterall if he's so keen on the domain and is willing to waste his time chasing it i'd make some money like cyber squatters do
It is a piss take.
40 X 10 and i'd take the deal
However, take into account the amount of time your spending on this issue - is the domain name really worth that amount of time? Think about it - How much do you think your time is worth per hour? then work out how many hours you've spent dealing with this and if the time out weighs the money - get him to up his money as said above x10.
He can sue you if he want's but I doubt he will - the cost to sue someone overseas is very large. It could be a lot of outlay for nothing in return as most judges here would ask for patents or copyrights and without that he'd have a large legal bill and nothing to show for it.
I'd personally sell the domain at x10 of the amount offerred and re-brand, afterall if he's so keen on the domain and is willing to waste his time chasing it i'd make some money like cyber squatters do
I'd accept 10x that but I think by his statement at the start of the e-mail, I doubt he will.
Here's what I think:
There is almost no way he can get $30,000 in damages/reward even if this went to court for a few reasons. And don't be confused when he says that he can sue for $30,000 because I can sue anyone for anything; but that doesn't mean I'll actually get that much even if I won.
He will most likely sue you under tort for damages which would include sales that he lost to you for confusion and you taking advantage of his goodwill and what not. He would need to PROVE that he indeed lost clients and revenue from this confusion, something that is very difficult to do.
For the time being, you do not need to do anything until he -actually- sues you and informs you with legal documentation that he has begun to sue you. When he does begin to sue you, you will have a chance to offer him a settlement out side of court and if he refuses a reasonable offer then in court the judge will most likely rule him as failing to settle and accepting a reasonable offer and throw it out. The process of taking someone to court is an extremely long and tedious road which not many people want to go under.
There is almost no way he can get $30,000 in damages/reward even if this went to court for a few reasons. And don't be confused when he says that he can sue for $30,000 because I can sue anyone for anything; but that doesn't mean I'll actually get that much even if I won.
He will most likely sue you under tort for damages which would include sales that he lost to you for confusion and you taking advantage of his goodwill and what not. He would need to PROVE that he indeed lost clients and revenue from this confusion, something that is very difficult to do.
For the time being, you do not need to do anything until he -actually- sues you and informs you with legal documentation that he has begun to sue you. When he does begin to sue you, you will have a chance to offer him a settlement out side of court and if he refuses a reasonable offer then in court the judge will most likely rule him as failing to settle and accepting a reasonable offer and throw it out. The process of taking someone to court is an extremely long and tedious road which not many people want to go under.
Make the offer, what's the worst he can say? no?
Yes, but I SERIOUSLY can't afford to get a lawyer and go to court.
That is completely up to him. I can choose to start a law suit against anyone I wanted with or without proof or anything.
But like I said, once he gives you legal notice then you can offer to settle outside of court.
It's becoming a bigger issue than it needs to be, Tell him if he wants you to rebrand and co-operate then he has to co-operate also and compensate for time spent developing your brand. $400 or go away.
Then ignore all threats, and wait to see if court papers turn up on your doorstep.
Then ignore all threats, and wait to see if court papers turn up on your doorstep.
Hey,
Okay haha, should I just say that after seeking further advice and some legal confidence, we'd request $400.00 in order for us to re-brand vpswow. ?
