Help!!! I need an attorney!!!!

[jberryhill]

"I have done trademark search and the term kazaa, as of right now is not trademarked."

Congratulations.

I have spent several years practicing law, and have represented parties in dozens of domain name disputes and lawsuits. While I'm not going to give standard lecture #57 on the topic of "Not Registered Does Not Mean 'No Trademark'", does it at all strike you as odd that the "300 million downloads" figure appears in the very papers you are reading at this minute? Do you think that's because I'm psychic, or because I might know something?

The fact of the matter is that within the last couple of weeks, Kazaa has mass-filed on a slew of domain names, which is why that lawyer in Encino doesn't have time to return your call.

If your two other domain names do not incorporate or otherwise trade on Kazaa's name, then giving up the other two is a fine idea. UDRP's on multiple names are not all-or-nothing proposition, and there have been many cases which split up groups of names into "transferred" and "not transferred". In fact, offering up the two which you admit are a problem is a very good path toward keeping the other two, as long as the picture is made clear to the panel.

But, having seen several other Kazaa complaints in the last few weeks, I'm not going to debate the point about whether they have a trademark for P2P software. They clearly do in any common law jurisdiction, regardless of their registration status.

 

[jberryhill]

"open your local telephone book / yellow pages to find a lawyer"

Yes, the best lawyers are the ones who have the largest and most colorful ads in the yellow pages.

The second-best lawyers are the ones that have flashy websites that tell you how they never lose a case. Since, after all, all cases are the same. So make sure you hire an attorney who lists a lot of cases won. (this type of attorney advertising, btw, is illegal in many states as per se misleading)

 

[theparrot]

But, having seen several other Kazaa complaints in the last few weeks, I'm not going to debate the point about whether they have a trademark for P2P software. They clearly do in any common law jurisdiction, regardless of their registration status.

Hmmm... despite the fact that it is a common idustry term for a type of software? And despite the fact that terms that were not, like asprin fall out of tradmark due to common use, and terms like xerox and kleenix have to be sure to have a constant dilgegance against this?

 

[FineE]

the best lawyers are the ones who have the largest and most colorful ads in the yellow pages

I recognize that I may be quoting this out of context but in my humble opinion the *WORST* lawyers are the ones who have the largest and most colorful ads in the yellow pages. In fact it is a very good idea to avoid any business that has a lavish advertising budget. Advertising is expensive and that cost is usually paid by the consumer either with higher fees or poorer service.

 

[jberryhill]

FinE, you do know I was being sarcastic, yes?

Much attorney advertising on the internet and elsewhere is in violation of specific rules that apply to attorney advertising. While I realize that most folks are unaware of those rules, I am constantly amazed that (a) attorneys engage in unethical advertising, and (b) it seems to work.

"despite the fact that it is a common idustry term for a type of software?"

"Kazaa" is not a common industry term for a type of software. I'm guessing that you misread my sentence. They have a trademark for P2P software. The trademark is "Kazaa". The goods are P2P software.

It is like saying that Exxon has a trademark for petroleum products.

 

[namedropper]

Hmmm... despite the fact that it is a common idustry term for a type of software?

It's not a common term for a type of software, it's a name for a specific brand of software. The generic term you are looking for is "file sharing software."

 

[actnow]

I hope someone forwards off this info to Kazaa so they can go for the $100,000 fines for violating the US AntiCyberSquatting Act, which you have now admitted to breaking.

I am sure Kazaa's legal staff visit the prime domain forums.

Plus, this posting is probably already listed at Google. So, we don't need to be their research dept.

 

[HOWARD]

As John Berryhill stated on another thread, there are a number of attorneys who defend domainers in trademark infringement cases. Along with John, you can also contact Ari Goldberger, Steve Sturgeon, Charles Carreon or myself. Dont expect to receive any legal advice from any attorney on this thread, however.

 

[jberryhill]

Yes, but Howard, who has the largest yellow pages ad? That's the critical question.

 

[marzzo]

"You're not going to find a lawyer on DNForum"

Oh, the irony.

Yep, opened mouth, inserted foot. :emba:

 

[DaddyHalbucks]

Kazaa is a very distinctive name.

And, certainly, any teenager knows it --meaning it is famous.

So, they would probably be deemed to have a strong common law trademark.

Why not just delete the infringing domain names? That may not legally remove your liability, but it might practically de-fuse the bomb.

THIS IS NOT LEGAL ADVICE AND I AM NOT AN ATTORNEY.

 

[theparrot]

It's not a common term for a type of software, it's a name for a specific brand of software. The generic term you are looking for is "file sharing software."

Actually it is a common term for a type of software, at least in the field. There are even P2P conferences. The application of the peer to peer arch, to file sharing is one applicaiton of P2P.

In this case though, it was cleared up, the common law trademark is not on P2P, as I read it to say, but on kazza. I am in complete agreement that a common law trademark exists on that.

 

[theparrot]

Yes, but Howard, who has the largest yellow pages ad? That's the critical question.

but this is for the net, so I thougt it was who uses the most flash and has a java ticker counting off the wins they have?

 

[ZaZZeR.com]

Thanks to everyone who posted, except NameDropper.

Special thanks to jberryhill for upfront and honest responses.

Please close this thread.

 

[JuniperPark]

Jut one question before we close....

Will you be referred to as "MilkyLicker" in the court documents? If so, please upload, that would be suitable for framing

 

[namedropper]

You aren't going to thank me for pointing out that your stupid actions could cost you $100,000+ and to knock it the heck off because it's immoral and illegal?

My, try to save a guy some serious cash and this is the thanks I get, LOL.

 

[Anthony Ng]

Thread closed, as per request.