I have a case X.XXX.XXX !

[click]

I have a friend......

He had a legal battle with a fortune 500 company, concerning a trademark.
Not a domain name.The domain is included, but the whole dispute was about the trademark.

He won the case in the supreme court (EC country) after 7 years in three different Courts.

Is the Trademark applicable globbaly with the .com domain name under this Supreme court decision ?

Negotiations begin 1.5 year ago by a proffesional with the legal dpt of the multinational.All the case kept under the lights of media and very descrete.
Shareholders didn't learn anything about this.

Asked priced very high. x.xxx.xxx

Negotiations stopped.

How we can move the case and press the fortune 500 co to pay ?

My friend is willing to share .

I have official state documents .

I can provide atorney's contact info for serious proposals.


Thank you

Click

 

[simon]

i dont really understand your problem
Can you perhaps rephrase it in another version

 

[click]

I cant reveal the trademark publicly.

I cant reveal the fortune 500 co. publicly

The only thing i can reveal is that the name has a Greek root.

There is a posibility that someone with Power from the States with Sharp mind and Sharp attorney can figure a plan to make a big deal with the multinational .
My friend is willing to share the deal with a person like that.

Brainstorm.The case is complicated.

Thank you

click

 

[Deleted member 5660]

anyone with a sharp mind is going to want to know how you can keep a court case secret, how a company can keep lawsuits secret from their shareholders, and why you don't have a lawyer who can explan the decision after you went throgh all those courts.

 

[CashCowDomains]

well stated consumers, well stated indeed.

 

[click]

I can't reveal the names publicly in the forum.
Of course my "friend" have a lawyer who can explain the whole issue. I have state it clearly in the first post.

The fortune 500 co lost the case in the Supreme court . Period.
They didnt inform the shareholders-at least in my knowledge- that they have lost a trademark lawshuit in a European Country.
The lawshuit started and followed by the legal dpt of the multinational in the States 9 years ago.Not from the local subsidiary.The final decision achieved in December of 2004.

It is my "friend's" turn to ask for the bill.


Some Ideas:

Can you PM me some of your ideas concerning the issue and aprox. course of actions along with your email?
Why you beleive that you are capable to complete a negotiation like this?
Did you manage big deals in the past with success?
Are you willing to sign a NDA(Non Disclosure Agreement) in order to learn the details ?

I will pass these emails to the attorney (lawyer) and he will contact the most serious ones or he will grand me permision to forward his Name TEL/FAX,Email details.Whatever you need to formulate a complete picture of the situation.

Sorry for my English, i am trying to express the best way i can.
Thank you for your answers and your interest.

 

[TheLegendaryJP]

So wait, this TM case was not for a domain but allows the use of a domain due to his win ?

 

[click]

My logic says that If you have a victory in a supreme court concerning the name

xxxxxxxx trademark.

Why it is not 100% legal to have the exact www.xxxxxxxx.com since you have the proofs that you own the trademark?
But i have post my concern for this in the first post.
"Is the Trademark applicable globbaly with the .com domain name under this Supreme court decision ?"


I will try to express a thought:

In varius running competition sports in order to achieve a record ,some managers are using athletes which they name them "rabbits" in order to break world records and acheive higher perfomances........

I will ask again your sympathy about my English.


The basic deal is for the trademark.

The trademark is powerfull.

Specially in competitive hands.

Thank you

 

[TheLegendaryJP]

My logic says that If you have a victory in a supreme court concerning the name

xxxxxxxx trademark.

Why it is not 100% legal to have the exact www.xxxxxxxx.com since you have the proofs that you own the trademark?
But i have post my concern for this in the first post.
"Is the Trademark applicable globbaly with the .com domain name under this Supreme court decision ?"


I will try to express a thought:

In varius running competition sports in order to achieve a record ,some managers are using athletes which they name them "rabbits" in order to break world records and acheive higher perfomances........

I will ask again your sympathy about my English.


The basic deal is for the trademark.

The trademark is powerfull.

Specially in competitive hands.

Thank you

So basically you dont know or it isnt clearly laid out in the decision to what extent or pupose the TM can be used for eg. domain name use. Therefore is it still possible to infringe on this company based on use regardless of TM therefore when you mention a very competitive name it scares me. It would have to be VERY generic, such as mortgage or bank etc.

 

[click]

I will try to give an imaginary example.

If c....-cola(imaginary example) named Acro.And you were the lawfull owner of the tm acropolis.They have sue you and drag you in courts for 7 years and finally you won.

What you will do?

How you would manage a situation like this?
How would you take your blood back ?

It is a really hot issue which requires synergy with someone powerfull.

The example is imaginary.

Thank you

 

[TheLegendaryJP]

I understand but the question is WHY fight so hard to keep this TM ? If you loose the TM decision does that mean he would have lost the domain as well ? Honestly I have like 60 questions but I wont keep buging you. Best of luck to all.

 

[click]

My friend has the TM (he is not struggling to keep it) He wishes to transform his 7 year fight, loss of his family and company converted in $.

Just after the beggining of the law suit(9 years)ago he stopped all the activities considered competitive to the multinational under this trademark in order to avoid further problems.

So with the final desicion he was left with a trademark on hand,without his original company.

Thank you

 

[Dave Zan]

Seriously, this is something only an attorney can possibly help you with. Get a
different one if need be, especially one who specializes in these matters.

 

[click]

There are three attorneys dealing with the case in the European community in two different countries.
One specializing in Supreme courts cases who won the case,one in negotiating practices who is in dead end for a year now and one which has the general control of all the cases.

Thank you for your ideas and questions

Keep them coming

 

[flybuzz]

So he fights so hard to keep the trademark but he has no business to back it up? If he try to sell the name to the fortune 500 company instead of use it himself in legitimate business it would be considered cybersquatting. He really needs to keep his business.

 

[click]

He doesnt fight to keep the name he has it.

In order to make today a legitimate competing bussiness in this specific industry sector you need highly trained personel(hard to find) and a lot of money to invest.The barriers to reentry are considerable higher and more expensive than 9 years ago.

If you put a case like this in ebay you loose all the value.
I think he will better write the name in his grave than puting it in the ebay.
It is like having a cartier watch expose it for sale in a flea market.

Thank you for your ideas

 

[touchring]

If he did not received any offer from that company, your friend wasted his efforts and money, a trademark is only valuable if people are willing to pay for it, otherwise, he can put the name into his will, and pass to his grandchildren, hoping someone will pay for it.

 

[click]

This is an option.At least it will be something to remember for.

They (multinational) have sent a letter of intend.
In response of this letter of intend the negotiation started.

After 4-5 letters the legal dpt stop responding.

I suspect that the legal dpt has great responsibility for loosing the case.
Maybe they have burried or covered the issue in order not to loose their fat(really fat) paying position.

A sharp mind and a sharp lawyer in the US can move the case and take a succesful result.Maybe someone with connections in the media.I dont know.
Maybe someone will go to the shareholders "union" and inform them that they have a loosy legal department, maybe someone powerfull with gravity will call the CEO personally and negotiate...
I cant believe that specially in U.S. there is not a way to take advandage of valid legal documents.

We can't give them headache because we are overseas and we dont know how the system works over there.

I am brainstorming my friends.

Thank you for your participation and your PM posts.

 

[poing]

Sorry, is he looking to sell them the TM and the domain after all that he went through to keep it, or does he want to sue them for damages?

Confused,
/Frank

 

[click]

He want to make a nice deal (sell).

Thank you