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Was being accused of trademark infringement and cuber-squatting and now the lawyer has disappeared . What could be the reason?

Fort Lauderdale, FL |

Back in the beginning of January I was sent an letter from a lawyer urging me to stop using a domain I registered and was developing because it was in violation of trademark infringement , cuber - squatting and the Lanthanum act . I decided ( against legal advice ) to not give in to the demands of transferring my domain and all the work I did to the opposing company and fight to keep what was mine . The opposing counsel and I argued back and forth through email for about 3 weeks . The last communications were discussions of a settlement where they offered to buy the website from me . Unfortunately , we could not come to an agreement on money and I stated I would not take less than $ X . That was January 25th . . since then I've not heard back from them nor received any letters . Why do y

Attorney Answers 2

Posted

They are probably preparing a law suit against you. You may be sued any day. You should not assume they are going away merely because a few weeks have passed.

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1 comment

Asker

Posted

Hello, and thank you for the comment! I'm tempted to agree with you but I don't think it would take over 4 weeks to prepare a case against me; the domain has little to no value at this point and may never. We're not talking a few weeks we're talking a month soon to be more. I could see if I were making millions of dollars and they had to go through massive amounts of documentation, etc... maybe it would take 4 weeks. I absolutely don't think they are going away, I was just a little interested in another attorneys point of view. Thank you!

Posted

It is possible that the lawyer was not getting paid and stopped working on the matter. It is possible that the lawyer misplaced your communication or simply is busy with other matters. It is also possible that the lawyer's client does not have the money to pursue you. However, it is also very possible that the lawyer is preparing a lawsuit or a UDRP proceeding against you. You might want to follow-up with the lawyer and determine the status. Otherwise, you can wait and hope it goes away. However, if there is a good argument for infringement, continued use of the mark may only help the claim of willful infringement.

This is not legal advice. Even if it were, fee legal advice is worth what you pay for it. The facts of every case are different and should be addressed by a competent attorney who has all of the facts.

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6 comments

Asker

Posted

Do you think contacting them asking them a status would be an ok idea?

Asker

Posted

I doubt they don't have the money its a very big company nationally known with lots of money I am sure.

Randall B. Bateman

Randall B. Bateman

Posted

If they are a very big company, the attorney is probably seeking permission to pursue a UDRP proceeding or a lawsuit.

Asker

Posted

Thanks again for your comment... Does it take over a month to prepare for a case like this?

Randall B. Bateman

Randall B. Bateman

Posted

It just depends how busy the attorney or his client is.

Asker

Posted

Thank you. I wrote back and I will await his response, if any.

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