Lawyers on my cause - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**stiny** · 12-26-2005, 09:52 PM

I was hoping to get some advice from you guys.

I have a lawyer sending me letters to release a .ca domain I had caught threw TBR in Jan of this year. They basically state that they will take me to court if I dont transfer the name to them.

I tried to contact the IT department of the company to speak with the person who is the adminstration contact for there .com domain that is the same as my .ca domain but no one will return my phone calls.

I really dont just want to transfer this domain to them. If there is any possible way or proven scenario that someone could tell me so I can tell them no, could you please help me out.

Regards
Stiny

**labrocca** · 12-27-2005, 03:05 AM

Well do they have a trademark on the domain? What are you intentions with the domain? If you are going to be infringing on their copyright then you should hand it over. As you don't seem experienced in these situations I recommend simply turning it over. You could attempt to recoup your costs but that's dangerous and could create more problems. You could attempt to keep the domain but it seems like they are prepared for legal action. It's your choice.

btw- I am not a lawyer but I have been in this scenario. I basically rebuttled them and since then they have left me alone. However I felt I was not infringing on them for commercial gain ( I really wasn't). If you are intend on commercial gain that's a problem.

**stiny** · 12-29-2005, 12:34 PM

I have thought about what you said but still have not made a decission. Thanks for your advice and input, it was muchuly appreciated.

If there is any one else that can talk about this subject, then please do. All input is helpful.

Regards
Stiny

**Capt. Flash** · 12-31-2005, 09:02 AM

Do some research. Domain name - Trademark rights are not the same in Canada as elsewhere. In fact there was a recent case in which a multi-million dollar company lost a lawsuit to "recover" their name in the .ca version. Do you have a Canadian Lawyer?

**nameslave** · 12-31-2005, 09:30 AM

It's not a question of whether you will win or not, but if you are willing to go to court for this. If you cannot afford a lawyer, you lose anyway. Good luck.

**Capt. Flash** · 12-31-2005, 11:51 AM

Quote:

Originally Posted by nameslave

It's not a question of whether you will win or not, but if you are willing to go to court for this. If you cannot afford a lawyer, you lose anyway. Good luck.

As much as I disagree with you nameslave- You are correct this time.
At the end of the day "he who has the most gold will win". No question you need not win a lawsuit to win in reality.

Mr. Deleted · 12-31-2005, 12:39 PM

moved to legal

**nameslave** · 12-31-2005, 04:34 PM

Quote:

Originally Posted by Capt. Flash

As much as I disagree with you nameslave-

Sorry?

**jdk** · 12-31-2005, 04:45 PM

I think he means he normall disagree's with what you say.

Mr. Deleted · 12-31-2005, 07:26 PM

Quote:

Originally Posted by jdk

I think he means he normall disagree's with what you say.

That is what I got from it, but why? I have not seen anything wrong with nameslave's opinions before?

**nameslave** · 01-01-2006, 09:01 AM

Quote:

Originally Posted by jdk

I think he means he normall disagree's with what you say.

To be honest, I don't recall anything. The truth is: I mostly post on issues and seldom (though not never) remember whom I am replying to.

Quote:

Originally Posted by Mr. Deleted

That is what I got from it, but why? I have not seen anything wrong with nameslave's opinions before?

Thanks, Mr. Deleted.

**Capt. Flash** · 01-01-2006, 09:53 AM

Never said anything wrong with NameSlave or prior post's, I actually find them well thought out and intelligent. I just don't agree with some post's relative to ca.'s and other issues. Thats all - nothing negative or personal. I don't agree with my wife on very much. If anything I may have assumed a level of familiarity that was not appropriate. Having been around here for a few years and posting back and forth with NameSlave, I thought I could communicate in a manner as I would with my friends. Anyway, why stir the pot? Let it go.

**DNQuest.com** · 01-01-2006, 12:07 PM

Honestly, too few details are given to even attempt to try to give some advice. As asked, does the domain contain a TM? are you infinging on the TM? Why are you contacting the .com version (are they the ones coming after you?), How are you using the domain?