UNBELIEVABLE!!! An attorney/previous domain owner is trying to extort me!!!!!

**everydayprofit** · 05-19-2010, 09:33 PM

Aloha all!!!

This is quite a story here. I am not going to mention the ACTUAL domain until I get all of this resolved, but I will say this....it is a 2 word GENERIC credit score repair domain. Let's just say something like "repairscore.com". I got the domain at a TDNAM auction nearly a year ago. When i bought the domain, I searched the TESS trademark database for this domain and all similar phrases(example: repair score, repairscore.com, repairscore, etc....these are obviously not the CORRECT terms as I am keeping this private till it is resolved). There was no TM for ANYTHING so I continued with bidding on the auction and ended up being the highest bidder.

I have had the name for nearly a year now, and yesterday, I got an email saying:

"do you believe you own this domain. we need to talk before this goes any further". It was from an personal injury lawyer's office.

I replied back and said that I was 100 POSITIVE that I own this domain and that the previous owner had let it expire, and I got it from an auction. The guy emailed back and said it was his personal domain and that he had legal rights to it, and that he had a trademark for it. SO....again, I go search the TESS to make sure I didnt miss something and sure enough STILL NO TRADEMARKS. I emailed him back and said that I had searched the TM database again that day, and that there is no TM showing up, but if he would supply me with a TM number I'd be happy to transfer the domain to him.

Tonight, he calls my phone and says this. "Why dont you just tell me what you paid for the domain and I will reimburse you.". I told him that I wasnt interested in selling because it was worth more to me than what I paid for it and he says the following:

"Well....if you don't get the domain to me, then I will break you....I am an attorney. I will sue you"

I told him I didn't appreciate being extorted. I also told him that I knew he didnt own a trademark, and he finally said this: "yeah...I found out that it never got filed". I kept trying to explain to him that he didnt pay his renewal fee and he had lost the domain, and it was like not paying your mortgage. Your house will get foreclosed on, and it will go to auction. You cant then SUE the new owners!!! I am pretty sure that this guy is going to try to do something stupid like file a civil case or something. This is ridiculous. Anyone ever seen something this stupid?

I will keep you guys posted on what happens.

**GeoOwners** · 05-19-2010, 09:41 PM

I would make him email you any further info so you have a paper trail. Too bad the things he said in the phone call were not in writing.

sounds like your in good shape though.

**everydayprofit** · 05-19-2010, 09:44 PM

yeah...when I hung up, I sent him an email stating what he had said to me and that I didnt appreciate him trying to extort me, and that all future contact should be done by email.

**TheLegendaryJP** · 05-19-2010, 10:01 PM

Ill give you 6 months rev lol

**enterpryzman** · 05-19-2010, 10:08 PM

Money talks and B.S. walks., simple rules and from what you are saying here, he is full of B.S. I would think that someone who had a real claim might send you a certified letter rather than an email.
I am not an attorney and this is not legal advice.
Enterpryzman

**everydayprofit** · 05-19-2010, 10:15 PM

@JP. Hahahahahahahaha. Funny thing too.....he said he was gona call GoDaddy and find out how much I paid for the name and he would pay me that. I told him I wasn't interested in selling because the domain was worth more to me than what I paid for it otherwise I wouldn't have bid on it in the first place.

---------- Post added at 11:15 PM ---------- Previous post was at 11:13 PM ----------

Yeh enterpryzman.....he is full of it for sure. My main concern is just that he is gona try to file a civil and then I would be forced to hire an attorney. Just don't want to deal with the headache of it all.

**Gerry** · 05-19-2010, 11:04 PM

Are you 100% positive that he is an attorney?

"Well....if you don't get the domain to me, then I will break you....I am an attorney. I will sue you"

This sounds like a line out of a cheapo movie.

---------- Post added at 12:04 AM ---------- Previous post was at 12:01 AM ----------

Originally Posted by everydayprofit

This is ridiculous. Anyone ever seen something this stupid.

Absolutely! If you do enough backordering or dropcatching, your list of excuses of why it dropped and threats will grow.

**urlurl** · 05-20-2010, 01:10 AM

im not an attorney - but the language he used does not seem to be comming from a lawyer. lawyers usually would use a registered letter as first contact.

I could understand missing or forgetting to renew a name after a few months - but a year!

**Giode** · 05-24-2010, 11:58 PM

Yeah, and I'll bet he's just as serious about suing you, as he was about owning the trademark on the name. This guy's a joke. Just ignore him.

**DC20** · 05-25-2010, 12:18 AM

Everything by e-mail is great, but should he try to call again I think I would have a recorder set up. Just be sure to let the first words out of your mouth be "this conversation is being recorded" (while the tape's rolling). It definitely doesn't sound like he's an attorney. If so, I would say false statements and threats would be interesting to the state bar....particular if he says something stupid on tape.

Best of luck!

**Infoproliferati** · 05-25-2010, 10:38 AM

Originally Posted by everydayprofit

"Well....if you don't get the domain to me, then I will break you....I am an attorney. I will sue you"

Can't believe people still behave like this. You are in good shape. This "attorney" shouldn't even be the owner of a domain.

**draggar** · 05-25-2010, 10:44 AM

Originally Posted by Doc Com

Are you 100% positive that he is an attorney?

"Well....if you don't get the domain to me, then I will break you....I am an attorney. I will sue you"

This sounds like a line out of a cheapo movie

Definately and if he does turn out to be an attorney I'm sure the BAR would LOVE to hear about this (if he is in the USA, that is).

**Stian** · 05-25-2010, 11:10 AM

Originally Posted by everydayprofit

I told him I didn't appreciate being extorted. I also told him that I knew he didnt own a trademark, and he finally said this: "yeah...I found out that it never got filed".

Sounds like quite a lawyer if he can't even keep track of his documents. He doesn't sound like a threat to me.

**Poker** · 05-25-2010, 11:21 AM

Originally Posted by everydayprofit

UNBELIEVABLE!!! An attorney/previous domain owner is trying to extort me!!!!!

Decaf can taste just as good as regular cofee, even in a latte or capuchino

**Acro** · 05-25-2010, 11:29 AM

If it's at GD transfer it out immediately.

**everydayprofit** · 05-25-2010, 02:07 PM

Originally Posted by Poker

Decaf can taste just as good as regular cofee, even in a latte or capuchino

HAHAHHAHAHA!!!!!! I mean...."haha"

@Acro. It still IS still at GoDaddy. BUT.....they are aware of this situation. The guy has NO trademark.

UPDATE:

The guy is DEFNITELY an attorney. I got his bar info from California. I got a great domain attorney on the case. He contacted this other guy and pointed out the fact that he didnt have a TM and the repercussions of claiming a TM when you dont have one in order to get a domain. The guy has now recanted on the TM claim. He then said he wanted to buy the domain for what I paid at auction. I declined for obvious reasons.

**Focus** · 05-25-2010, 02:51 PM

So how much you want for it, I would love to bust his balls

**draggar** · 05-25-2010, 02:53 PM

Originally Posted by everydayprofit

The guy is DEFNITELY an attorney. I got his bar info from California. I got a great domain attorney on the case. He contacted this other guy and pointed out the fact that he didnt have a TM and the repercussions of claiming a TM when you dont have one in order to get a domain. The guy has now recanted on the TM claim. He then said he wanted to buy the domain for what I paid at auction. I declined for obvious reasons.

Complain to the BAR then. You have documentation that he's threatening a lawsuit on unfounded claims, attempted extortion, and claims a TM when he doesn't have one. No cost to send them a good letter.

I also just read "personal injury lawyer" - that explains a lot.

If he used his business email then you can claim that the business was trying to extort you and file a complaint with the BBB and maybe even the local police.

**everydayprofit** · 05-26-2010, 11:37 AM

And the plot thickens....not only did he NEVER have a trademark on this domain.....he had gone through a business registration site to get it, so HE was not even the registered owner of the domain. The biz registration site was listed in the old whois as admin/owner.

@Draggar. Yes....I already have the BAR info ready for just in case this guy decides to actually try to litigate. I will then let them know about his plan to extort me. I am as of right now giving this guy the benefit of the doubt that he was just upset and said some things that he shouldnt have. Maybe he will think this through...cool off...and realize that his job and way of life could be in jeopardy over a freekin domain name to which he has no legal rights.

He HAS to know that if he does try to sue, I will also simply countersue for a frivolous lawsuit and he will be obligated to pay all my legal and court fees tied to this. He can't possibly be that dense can he?

**draggar** · 05-26-2010, 11:42 AM

Originally Posted by everydayprofit

@Draggar. Yes....I already have the BAR info ready for just in case this guy decides to actually try to litigate. I will then let them know about his plan to extort me. I am as of right now giving this guy the benefit of the doubt that he was just upset and said some things that he shouldnt have. Maybe he will think this through...cool off...and realize that his job and way of life could be in jeopardy over a freekin domain name to which he has no legal rights.

My big concern is that he may try this again with someone else using his status as a reason to push people around and skirt around the law (even flat out break it). We do not need "attornies" like this in business. He lied about the TM and now technically lied about owning the domain before yet used both points to try to take the domain from you and threaten legal action. Clearly he has no business being an attorney.

I'm sure you're keeping everything - all emails, WhoIs history, costs, etc.

He HAS to know that if he does try to sue, I will also simply countersue for a frivolous lawsuit and he will be obligated to pay all my legal and court fees tied to this. He can't possibly be that dense can he?

You'll never know.