How to negotiate a transfer in a dispute

[gogeorge]

I have a friend who was taken to federal court over some domains. Though he has good arguments in his favor, the law firm told him they want demand 5k per name, then 50K per name and now 100K per name in penalties against him. He has offered to give them the name but they won't even take it. The law firm just wants to sue and ring up bills.

Does anybody have suggestions as to what to write to the CEO or other lawyers regarding settlement?

He has several options. Let the names expire and not tell the company, but he is still worried about the lawsuit judgements.

Or write a letter again to offer the names for free and get them to agree to not procede any further with legal procedings.

It is a bizarre case where one offers to transfer the names for free but the lawyers turn down the offer and continue to litigate. I guess they like to run up the corporation legal bill.

To make matters worse, some lawyers in the firm wanted to settle with no problem, but other younger lawyers looking to make a name for themself do not want to settle. The law firm can't even make up it's own mind. So you have lawyers from the same law firm contradicting each other. Yes we will settle, just give us the names vs. no we won't settle and we will bankrupt you and take your house.

 

[MobileDesigner]

yea, id like to know that too. i lost a name with WIPO but i cant transfer it cause its not in my control but stuck on sedo.
any advice with the above would help

 

[DNQuest.com]

So what you are saying is that a TM holder is asserting the full punishment of the law? (which, by the way, is $100,00.00 per domain). I guess people here can stop saying that it never happens.

People think I use scare tactics when I post, I say I am just letting people know the consequences of squatting. Though it usually never happens, it can. If they do not want to settle, then your friend is stuck through the whole process. The best hope is to have a lawyer who looks out for the best interest of thier client instead of a pissed off lawyer or a young gun. It could also be that the client decided to make an example fo your friend for what ever reason. But is a TM holder gets a win in court, it is easier for them to go after other names.

Keep us informed of what happens.

 

[gogeorge]

The alleged TM holder is trying to assert the full punishment of the law.

My friend has gotten advice from some lawyers to just lay low, but I don't know about that. I think one last letter to a different lawyer or the CEO to transfer and stop litigation is best.

And then if that doesn't work let the domain names expire. If someone else picks them up then they will have trouble unfortunately.

Some of the domains are pointed to some free speech sites in the meantime. He never got a letter, all he got was an email with the law suit.

 

[Zak Muscovitch]

Looks Like your friend has tried everything, except hiring his own lawyer! Maybe worth a try....

 

[rcade]

Looks Like your friend has tried everything, except hiring his own lawyer! Maybe worth a try....

My thought too. When you represent yourself in correspondence with a lawyer who is threatening you, you run the risk of making the lawyer think you're an easy target.

 

[Dave Zan]

Looks Like your friend has tried everything, except hiring his own lawyer! Maybe worth a try....

That's exactly what I was going to ask since the OP's posts don't suggest his
friend has retained a licensed experienced professional for this sort of thing.

If your friend hasn't done that, then what the heck is s/he waiting for!?

 

[gogeorge]

I have dealt with insurance companies and know if you don't have a lawyer the adjusters have no fear with dealing with you. They only respect the threat of a lawsuit or a lawsuit itself. Then they still calculate how much it will cost to fight vs. settle.

I guess this is the same in the corporate lawyer world. They won't give you the time of day unless you have your own lawyer.

I think my buddy is shocked by spending 100 dollars on domains, he brought this much wrath into his life. If he hires a lawyer he will have to pay a minimum three to five thousand for the privilege of handing over the domains to a extremely wealthy corporate domain hijacker.

Or he could spend twenty thousand maybe win or maybe lose, all because he spent 100 dollars for some domains.

He has used some lawyers in the past but he has usually been extremely disappointed in their efforts.My own piece of advice for a lawyer would be to hire one for several hours just to send a letter to settle with the corporate attorney vs. the outside law firm handling the case.

 

[Onward]

I would not even entertain this unless I received certified correspondence from the company.

Once getting certified correspondence....Then I would give my attorney a call.

 

[gogeorge]

I thought the emailing of a lawsuit was very weak service myself. I think there was one court hearing already. If my personal email goes out, I have to send a fax with my signature with a photocopy of an ID to change some settings on a domain, let alone something as important as a federal lawsuit.

I think that is why one attorney thought laying low my be a good option because there was no certified correspondence. Well the domains in question are locked at the moment. The domains are set to expire soon. He will have to make a decision soon as to how to handle this.

 

[DNQuest.com]

I would not even entertain this unless I received certified correspondence from the company.

Once getting certified correspondence....Then I would give my attorney a call.

Here is a great suggestion.. how about reading the thread before you post.. UGH

Here is the very first line on this thread...

I have a friend who was taken to federal court over some domains[/qoute]

don't you think we are way past the "ignore it" stage? don't you think action needs to be taken first???? anyway.. please read.

I think that is why one attorney thought laying low my be a good option because there was no certified correspondence.

If he went to court once already, what does laying low mean? getting me confused now. What certified mailings does he need? There doesn't need to be any correspondence to file a lawsuit.

 

[gogeorge]

That is why I was surprised to hear a lawyer tell my buddy to lay low. It doesn't make sense to me either. I presume he might be planning to hire a lawyer and this was some of the initial advise that he got.

 

[DNQuest.com]

Keep us updated, is it possible to get the domains. Since it is already in court, it shouldn't be an issue. I am curious to see who would do this. But from the sounds of it, he does need to get a lawyer, investing a little money now and save him a ton of money in the end. Maybe contact some of the distinguished attorneys around here.

 

[Brett Lewis]

Laying low is a horrible idea. If there is an active lawsuit commenced against your friend, the trademark holder will pursue a default judgment against him and then seek the maximum judgment available under the law, which is $100,000 per domain name. If he is concerned about spending a few thousand dollars on legal fees, he should be more concerned about having a multi-hundred thousand dollar judgment against him, a lien on his house, his wages garnished, etc.

Not knowing any of the facts, I have no opinion on whether the suit has any merit or can or should be defended, but at a minimum, your friend needs help or he is going to find himself in a much worse predicament.

Brett Lewis, Esq.

 

[Onward]

Here is a great suggestion.. how about reading the thread before you post.. UGH

Here is the very first line on this thread...

I have a friend who was taken to federal court over some domains[/qoute]

don't you think we are way past the "ignore it" stage? don't you think action needs to be taken first???? anyway.. please read.

I was assuming that when he said "taken to court" he was meaning being threatened to go to court. Never sounded like he actually had gone to court...I see I was right after the thread continued (or at least there is confusion on this).

A summons to court would be the certified correspondence I am talking about...time to get a lawyer at that point is what I am talking about. I read the post...may have read in to it too much though.


I was assuming that when he said "taken to court" he was meaning being threatened to go to court.