about hiring a lawyer to fight for domains etc

[DNA]

Hello guys,

I want to know how much does it cost for a european company (not big and renowned) to hire a lawyer (French) to take TM issues to WIPO etc?
Recently, a company asked me to return back a typo domain. After some bargains, they said they are willing to think about a suitable price. So, this price shouldn't be too much..I plan to ask them just something little below what they would have to spend if they hire a lawyer. So, i need to know the general price....I am sure many people have even hired lawyer for their purpose...


grateful in advance for quick info,
DNA

 

[fab]

My suggestion is don't get gready. They may change their minds, and go after you, and use the bargaining against you.

 

[DNA]

yes, but that doesn't answer my question.....if they are asking what's ur price? i must quote them the price...and the price i wanna quote is something less than price for hiring a lawyer.

 

[EnricoSchaefer]

$5,000-$10,000 on average including arbitration fees. It can go higher if they use a trademark attorney who doesn't know what they are doing. it coudl be $1,300 if they do it themselves and simply need pay the single panel arbitration fee.

 

[DNA]

thank Enrico,

Isn't it 1000 for panelist and 500 for wipo centre? Or any idea what's the price now?

Except this and attorney fees, are there any other costs?

thnx

 

[katherine]

And you wonder why domainers have such a bad rep.

 

[DNA]

haha, Kate!

I am an easy guy....they could have outright rejected my proposal and threaten to start the legal procedure.... What can i say? If somebody is asking "how much do you think you want?" I must tell , isn't it?

Nonetheless, I would be grateful if somebody tells me the approx. WIPO fees at present.. I was thinking 1000+500...but i don't know...

 

[katherine]

And if it were a ploy to establish bad faith on your part ?
If you have a real TM problem you should be happy they are even willing to negotiate.

 

[DNA]

Common, Kate!

"Bad faith"!- that's a terrible accusation.

I know where and where the line is. I would never cross it. I already had the same issues 6 times before this...I didn't ask a single penny to any. This time, I am just trying to figure out what's possible and what isn't. Few euros don't matter for a company like these. Also, I will analyse the finance and economic volume of company before extracting. It's the spread of wealth. Also, they earn by fooling us. Otherwise, a company's revenue wouldn't increase in a way we see today. shouldn't it be a linear trend? But it's more exponential these days.
And to tell you, I don't have a real TM problem where i am at backfoot. Shouldn't i earn little for the time i invest in domaining instead of thinking about my PhD?

 

[stock_post]

You can sure get a Phd in this science now..
After 6 TM issues, you must have mastered that area.

 

[Yusio]

And you wonder why domainers have such a bad rep.

It's business....

 

[katherine]

It's business....

Like purchasing stolen domains.

 

[jberryhill]

yes, but that doesn't answer my question.....if they are asking what's ur price? i must quote them the price...and the price i wanna quote is something less than price for hiring a lawyer.

It can be a mistake to assume that the other side is going to make a rational cost decision in every situation.

Quite often there are other concerns motivating the other side. For example, they may want to obtain a decision for purposes which do not have anything to do with you. If they are considering taking action against some other infringer, but are concerned about their ability to demonstrate prior enforcement of their mark, then first taking action against a domain registrant in a UDRP proceeding may simply be a preliminary exercise that is part of a larger strategy having nothing to do with the particular domain name or domain registrant in question.

You will also find that there are quite a few trademark claimants who would gladly pay their own attorney 10x what a domain registrant is offering, simply on principle or ego.

 

[Gerry]

You will also find that there are quite a few trademark claimants who would gladly pay their own attorney 10x what a domain registrant is offering, simply on principle or ego.

Not to mention the "name your price" can be nothing more than bait.

Just because you name a price does not mean they agree to your price.

Next thing you know, they are building a case against you for offering to sell the name to them.

 

[fab]

It can be a mistake to assume that the other side is going to make a rational cost decision in every situation.

Quite often there are other concerns motivating the other side. For example, they may want to obtain a decision for purposes which do not have anything to do with you. If they are considering taking action against some other infringer, but are concerned about their ability to demonstrate prior enforcement of their mark, then first taking action against a domain registrant in a UDRP proceeding may simply be a preliminary exercise that is part of a larger strategy having nothing to do with the particular domain name or domain registrant in question.

You will also find that there are quite a few trademark claimants who would gladly pay their own attorney 10x what a domain registrant is offering, simply on principle or ego.

Not to mention the "name your price" can be nothing more than bait.

Just because you name a price does not mean they agree to your price.

Next thing you know, they are building a case against you for offering to sell the name to them.

These are basically the issues I was referring to.

 

[jberryhill]

Not to mention the "name your price" can be nothing more than bait.

Just because you name a price does not mean they agree to your price.

Next thing you know, they are building a case against you for offering to sell the name to them.

This is something of a frequent issue, and it bears repeating once in a while that the only reliable cold communication is of the form "I am offering to pay you $X for example.com. Do you accept this offer?"

I see a lot of emails from people saying, "Someone sent me an offer to buy one of my domain names", when in fact the communication was of the form "Are you selling example.com?"

Someone asking "are you selling" is not someone who is offering to buy.

It can be, but objectively it is simply a question seeking to determine if you are selling the domain name so that, as noted, they can fill in the blank on their form trademark complaint to indicate that you were seeking to sell the domain name.

 

[Gerry]

It can be, but objectively it is simply a question seeking to determine if you are selling the domain name so that, as noted, they can fill in the blank on their form trademark complaint to indicate that you were seeking to sell the domain name.

Eek!

So those inquiries, such as the one I received this morning could in fact, be considered fodder for the other party?

I typically answer, "I will consider reasonable and respectable offers".

The old "damned if you do and damned if you don't."

I would presume that just indicating I am taking offers is bad faith (selling).

 

[DNA]

Guys!
Thanks to all for the invaluable suggestions, comments and advice....I weighed all and decided to take the step..
I want to let you all know that i turned out to be a good bargainer.. Apparently, my words worked. Their letter started with " Dear Sir, firstly, i want to let you know that my client doesn't agree to your views and reasons relating....
Nevertheless, my client approves your proposition.........



Best

 

[Yusio]

Like purchasing stolen domains.

Grow up

 

[domaingenius]

It can be a mistake to assume that the other side is going to make a rational cost decision in every situation.

Quite often there are other concerns motivating the other side. For example, they may want to obtain a decision for purposes which do not have anything to do with you. If they are considering taking action against some other infringer, but are concerned about their ability to demonstrate prior enforcement of their mark, then first taking action against a domain registrant in a UDRP proceeding may simply be a preliminary exercise that is part of a larger strategy having nothing to do with the particular domain name or domain registrant in question.

You will also find that there are quite a few trademark claimants who would gladly pay their own attorney 10x what a domain registrant is offering, simply on principle or ego.

The lawyer for a company recently sent me a few emails. I declined.
He then sent me an email saying can I give him a number he can
call me. He called me and said that before he prepared a wipo that
he could instead pay me the $5k he was charging his client ,to me
buy the domain. I said email me the offer. He kind of went
quiet knowing the reason he called me was so he didnt put
anything in writing. I wrote immediately to him confirming
the conversation and declining his offer. Next he issued
UDRP .

DG