- Joined
- Nov 7, 2003
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Domain Tools filed a lawsuit for declaratory relief concerning the historical whois data, images at the screenshots site, the hyphenated version of their domain name, and the trademark application for "DOMAINTOOLS." The entire case was dismissed by the pro se defendant. The court called the Domain Tools terms of service "dubious contractual language" and pointed out they are a Delaware corporation but filed in Seattle against someone in NJ.
http://network-tools.com/Domain-Tools-dismissal.pdf
However, there is still a a pending motion for sanctions and the court has stated Domain Tools and their attorney, a well known domain attorney, must answer. This request for sanctions was based on postings on a blog shortly after the suit was filed by another well known domain attorney involved with Domain Tools. The comments included things like "So, file an action seeking damages, serve it, claim damages not to exceed $10,000 and wait for a default. Then try to enforce the default. The reason for the damage limit is to force them into a situation of spending more than $10,000 to defend in AZ or default. In cases like these it is easy and the likelihood of a counter-claim is very low ..."
http://network-tools.com/Domain-Tools-dismissal.pdf
However, there is still a a pending motion for sanctions and the court has stated Domain Tools and their attorney, a well known domain attorney, must answer. This request for sanctions was based on postings on a blog shortly after the suit was filed by another well known domain attorney involved with Domain Tools. The comments included things like "So, file an action seeking damages, serve it, claim damages not to exceed $10,000 and wait for a default. Then try to enforce the default. The reason for the damage limit is to force them into a situation of spending more than $10,000 to defend in AZ or default. In cases like these it is easy and the likelihood of a counter-claim is very low ..."
