Wtf?

[nicpal]

I just received a demand letter from an attorney who is representing a client of mine against me for two of his domain names.

Here's the deal. I run a sports marketing company that specializes in athlete web sites. Over a year ago I was surfing the web and came across an athlete's web site which was down due to lapse of registration. So I decided to email him about the issue and he immediately called me asking for my help in managing his online assets....his personal site and an online store of his under a different domain. He bitched and complained about how people were constantly taking advantage of him so I told him that I would help him out and only take 2.5% of my normal 15% marketing fee to help him get back on his feet. I relaunched both of his web sites with new designs, ran a very successful charity campaign for his publicity, created a new radio ad for him, and hell, even had him stay at my house when he was town several times. I even marketed his product through my other client for exposure. All this was at my expense and I have never seen a dime from him as he always promised to "hook me up" with referrals and payment when he could.

He specifically advised me to transfer and manage his domain names for him as he claimed he did not have the time and wasn't good at managing "all the technical stuff". Now I get a demand letter from some attorney stating that I have no right to have these domain names in my name and that they will be seeking legal damages against me. I say bring it on.... as I manage over 100 other client web sites in the same fashion with their approval and have never had such an issue as this. Just cause this guy is trying to get out of paying me I should comply with this demand? I want to hear what the legal pros have to advise in this matter.

 

[msl]

just forget the legal / expenses route for a second here....

you are saying that you have done all the work, spent all the money, hosted the sites, marketed the sites and even HAD A SLEEPOVER with the guy :greenconfused: :greenconfused: :greenconfused:

and he has NOT paid you :upset:

well here is what we would do...

1) point the DN to another site
2) counter writ for ALL your work/time/effort/cookies at the sleepover
3) rent the DN's to us and let us take 10% for getting your money
4) get a new sleeping buddy
5) 404 the pages so he gets no income!

do not be a pussy in this case sounds like someone has taken advantage of your good nature.... we are in Tampa next week for a couple of days... any chance we can rest at yours :greensleep: :greensleep: :lol:

 

[nicpal]

lol.....I don't want to get into any more complications with any redirects, etc. The sites have been maintained just as they have always been. I could really screw the guy with some pertinent illegal activity information that would ruin him in his sport (doping) as he has a big event coming up in a few days, but I'd rather not get too nasty unless I have to. Just really want to get what I am owed without wasting too much time on a ridiculous claim by him.

 

[msl]

will not be complicated.... you have control and were given control of the IP (intellectual property) you have not been paid, you will not get paid, point or turn the domains OFF then he will not get paid either.... we have had to do this with a number of NPI's over the years... yes it is not very professional and we were counter sued but at the end of the day it works... even if you do a deal for part payment when you switch it off it will help!

you have done nothing wrong...so do not be laid back... the US is gonna suffer soon $ so get it while you can! :approve:

 

[Johnn]

The $59,999 question is do you have everything in writing from the owner.

I do the samething for several clients in order to provide 'one stop shopping' but they have to sign the legal papers stating that they have ownership of the name and the site and I act on their behalf to run the sites for them.

Never take verbal agreement in business world.

John

 

[jberryhill]

What is the sport?

Some attorneys are hired by the Player's Association to run these things on auto-pilot, and the attorney sent you a form letter based on the fact that the domain name wasn't registered to the player or the association.

Sounds like it *could* be an honest goof by the attorney.

 

[Rockefeller]

honest...attorney.

Oxymoron?

Hope everything works out for you!

 

[nicpal]

Thanks guys...no Players Association involved here so the attorney just is independently hired. I have received those calls from the PI's hired by the NFLPA before where they called before they checked into a situation. The demand just basically stated a bunch of case law about how they could obtain the domains through ICANN in 12 days and get up to 80% of their fees back for the filing. I really do not see how the case law would apply considering my biz is founded on securing domains for the appropriate party's and managing their online identities. I do have everything in writing so that is not an issue.

 

[GoPC]

My advice is to NOT do anything rash. Do NOT 404 his site. Do NOT redirect it. Do NOT do anything that would be viewed by the tryor of fact to COST the guy money or ENRICH yourself. It leads to "character" and character will be a big influence on whomever sits on this case.

I would not back down either. Maintain the status quo, provide the service you committed to and stand your ground. DOCUMENT everything as far back as you can. Have witnesses standing by to give sworn affidavits of his visit and acceptance of your managment services. Any documents that show that relationship are invaluable at this time. Especially important are VALUATIONS of the marketing you provided and the VALUE of the RETURN on that marketing. Events generate capital and clout. Clout has value... resulting engagements, appearances and of course his PAY. This is all MONEY that you are entitled to some portion of as the marketing entity. Document also what the going rate is in your industry and area.

Stack up the BIGGEST legitimate cash dollar amount you can and point to that as your "investment" in this relationship and you will have your countersuit implied and ready to go.

In the end, if the situation isn't resolved amicably for the both of you, you will likely be ordered to remove the content but NOT to hand over the domain(s). Comply, give it a couple of months, and then fry the bas___ with whatever dirt you have ANONOMYOUSLY or have one of us do it.

But for now, you must appear pure as the driven snow and the complete victim. CHARACTER... put it all on HIM.

You did nothing wrong, were true and honest and totally taken advantage of.

Best of luck... and for future reference, I run a small marketing business as well and if you ever need PRINT media places, I can buy for as much as 80% off ratecard at the World's top 600 publishers. Top shelf mags like Car & Driver, Better Homes & Gardens, People, Time, etc.

GoPC

 

[Creature]

How much does he owe you? Is it worth the stress? Are you likely to make any money here? Do the unpaid fees legally give you a right to hold the domain name? Also if it's OJ just give it to him and say sorry.

 

[Duckinla]

1) point the DN to another site
2) counter writ for ALL your work/time/effort/cookies at the sleepover
3) rent the DN's to us and let us take 10% for getting your money
4) get a new sleeping buddy
5) 404 the pages so he gets no income!

No, no, no, yes (#4) and no. Whatever you do, you take the high road and don't let this turn into a messy situation. This is one of many clients you have. Leave the emotion out of it and do what is best for your reputation and future success in this industry. Forget about getting even and brainstorm ways that you might be able to turn this into a long-term positive for you. Find out more information before you do anything, either from the attorney or directly from your client.

 

[Talkhost]

He stayed at your home? Then gets a leacher(lawyer) on your case??

You decide. But taking the "nice guy" option would not even cross my mind. I'd go outa my way to **** the guy sideways, whatever the cost...

That is not legal advice though