Sued for revenue?

[tigga]

I was having a debate with a fellow domainer recently about typos/cybersquatting and getting successfully sued.

If you have a typo with an obvious TM issue, is the company able to sue you for lost earnings and any other costs? Are there any precedents of this happening and what are the worst ones?

If anyone could shed some light and help settle a dispute :wink: please throw in your $0.02!

 

[bidawinner]

Yes , absolutely

 

[bidawinner]

Originally posted by bidawinner
Yes , absolutely

No need to even look up decisions ..this is an obvious one, you trample on a TM they can sue also against any earnings you have made while infringing on their TM ,

 

[jberryhilljberryhill is verified member.]

Measures of damages in TM cases can include the TM owner's lost earnings or the infringer's earnings. Additionally, if the case involves willful infringement, then the selected figure can be tripled, and attorney's fees added on top of that.

Even in the absence of any earnings either way, a court can award up to 100K in statutory damages.

 

[DaddyHalbucks]

I was having a debate with a fellow domainer recently about typos/cybersquatting and getting successfully sued.
+++++++++++++

They don't even have to be successful.

If you let them engage you in battle, you will need counsel, and after you retain counsel, your legal fees will run you a minimum of $15,000 if you settle, $50,000 to discovery, $100,000 through heavy discovery, and $250,000 to full trial.

 

[WebCat]

I wonder.. does this apply to disparaging websites as well? Such as paypalsucks.com and the like?

And where is the line drawn on these types of sites between TM and freedom of speech?

WebCat

 

[Steen]

Originally posted by WebCat
I wonder.. does this apply to disparaging websites as well? Such as paypalsucks.com and the like?

And where is the line drawn on these types of sites between TM and freedom of speech?

WebCat

No legal eagle, but I believe that the owners would claim free speach in defense and say Paypal only wants it to protect from others saying bad things about their business.

There was something similar to walmartcanadasucks.com or something like that.

 

[Steen]

http://arbiter.wipo.int/domains/decisions/html/2000/d2000-1104.html fyi

 

[websitedeveloper]

The above comments are scaring me!
As an owner of several trafficked typos (a few of which are of famous websites and receive 100+ type-ins per day) what should I do so as to not get into any trouble?

 

[namedropper]

Originally posted by clicknow.to
The above comments are scaring me!
As an owner of several trafficked typos (a few of which are of famous websites and receive 100+ type-ins per day) what should I do so as to not get into any trouble?

Close down all your offending sites and let the names expire would be the obvious answer.

 

[Tony]

Originally posted by clicknow.to
The above comments are scaring me!
As an owner of several trafficked typos (a few of which are of famous websites and receive 100+ type-ins per day) what should I do so as to not get into any trouble?

I will take them off your hands for you. k:

 

[Tony]

Double Post. Sorry Mod please delete

 

[websitedeveloper]

Originally posted by Tony
I will take them off your hands for you. k:

hehe LOL!

So far I've been pretty lucky - recently I had to transfer two domains to AOL (were receiving 250+ type-ins per day) and am currently in the middle of transferring a famous person's name .com to them (which I only have to do because I was stupid enough and offered to sell it to them :goofy: [it receives about 300 type-ins per day])

You win some, you lose many!
(I will *probably* let the others drop - they are not worth the worry!)
Thanks for your comment namedropper k: