Can a TM lawsuit cost you more then what you have?

[Andrew Shaw]

Just wondering... If you recieve a C&D, but want to stand your grounds regardless of who the company is... Can the company sue you for more then what you are worth?

 

[A D]

Yes, they can go after everything and future incom as well.

There is nothing more solid to stand on than rock bottom which is where they wll leave you.

Don't fight battles you can't win, it takes too much energy.

-=DCG=-

 

[Bill Roy]

We all applaud those who make a stand for the right reasons, but pyrrhic victories are not worth while. If a TM claim is logical then 'generally' the best thing to do is put your hands up and move on. Weigh up the benefits of the domain to you, then put against this what you could loose (apart from the domain name) and decide each case individually. Adam is totally correct in saying that they can take everything, including your future!

 

[Andrew Shaw]

If I have a legal corporation, within it is only myself... and my "corporation" registers the domain name... Wouldnt that legally relieve me from any personal loss now and in the future? And wouldnt they only have rights to go after the corporation and its worth?

 

[BELLC1]

Read this: http://en.wikipedia.org/wiki/Piercing_the_corporate_veil

 

[INVIGOR]

That's a bit of a misnomer. After the actual corporation, they go after the officers, which in this case is you! LOT'S of CEO's especially here recently have been in the shxx because they lead their "corporation" the wrong way. Your situation isn't that far of a stretch. Give them their name and move on. My dad said: Life is like a shxx sandwich. The more bread you have, the less shxx you eat. If you don't have a lot of bread to throw at this, then get ready to open wide, cos I'm sure they do.

 

[Andrew Shaw]

I appreciate your help guys. I will keep you updated.

 

[Gerry]

I appreciate your help guys. I will keep you updated.

Have you ever heard of someone suing someone else for only what they are worth? Or less than what they are worth?

A C&D coming from a firm, enterprise, or an individual or an attorney representing any of the above should be given consideration. But I perceive these as a request or a threat. One that comes to mind is eBay...if a word or words have those 4 letters in sequence, eBay sends these C&D's like crazy...ChesapeakeBay, RoseBay, MaineBays.

You just have to know when to pick your battles. But be mindful that a battle can be a small piece of a larger war.

A court order attached to that C&D on the other hand...

 

[muris]

Look how many Ltd type of Companies have officers and owners with 0 (zero) estates. Everything belongs to their wife and kids.
There must be some simple reason for it.

 

[DNQuest.com]

A court order attached to that C&D on the other hand...

umm, a court order means they are past the C&D stage and have a legal order against you.

 

[Gerry]

umm, a court order means they are past the C&D stage and have a legal order against you.

...thus the reason for the "run on sentence". When a judge (court) issues a C&D, it means business. Anything to the contrary is in contempt of court.

That is usually an automatic stay at the expense and courtesy of the state and the pleasure of being Bubba's Bitch for a fortnight.

 

[Mr. Deleted]

That is usually an automatic stay at the expense and courtesy of the state and the pleasure of being Bubba's Bitch for a fortnight.

I have yet to hear of a TM case that resulted in a prison sentence, with the exeption of that one guy that was forwording tm traffic from children's sites to porn. Then click-trapping them there.

 

[Gerry]

I have yet to hear of a TM case that resulted in a prison sentence, with the exeption of that one guy that was forwording tm traffic from children's sites to porn. Then click-trapping them there.

The reference was not regarding a "TM" case, per se, but violating a court or judge's order to cease and desist, whatever the case, issue, or product may be.

Simply a point being made regarding the seriousness of some C&D.

 

[Mr. Deleted]

I have had 2 C+Ds in my time. I did not fight them, rather I talked to the lawyers and ended up on both cases that they paid for the domain names. The first case I did not ask for it, they offered it.

 

[Dave Zan]

I have yet to hear of a TM case that resulted in a prison sentence, with the exeption of that one guy that was forwording tm traffic from children's sites to porn. Then click-trapping them there.

Should it be any wonder why no one else has been "brought in" since then?

 

[Mr. Deleted]

Brought in? What are you talking about?

What that guy did was wrong, but IMHO, it was not the TM's themself that was wrong, but the way he forworded them to porn that got him a prison sentence. FYI, that guy now lives with his mother, is broke, has a lawyer after him that has a judgement against him, so yes, he got what he deserved.

 

[DNQuest.com]

Where did you hear that from? John Z made millions and from what I understand, he put his money in off shore accounts (meaning can't be touched by the US). It would not be surprised people are after him, but I seriously doubt he is poor.

 

[Mr. Deleted]

Where did you hear that from?

Greg Ricks.

 

[DNQuest.com]

Wow, that is interesting. I figured once he got out, he would leave the country and live off his ill gotten money. Any chance there is any news stories or articles on this? I just hope to God he doesn't pull this stuff again. My girls landed on several of his sites (little kids misspell a lot) and I yelled at them. This was before I knew about the guy and I apologized to them later. I still feel he should have been sent up for life.

Sorry, parent ranting over.

 

[Mr. Deleted]

I have kids too, so I totally understand your rant about this. Basicly what they did was cut off his income, and so without revenue, he forworded 5000 names including the kids typos and lots of generics to a porn site. When he did that, they got him for the senting-kids-to-porn-sites deal.