I've read many of your comments and I enjoyed them... now that I'm a victim one, I am not so much enjoying it! (jk, I do!) In any event, You're right, I agree that an attorney would be best. The letters I've written aren't damaging in any way and are merely defending myself from accusations. This isn't just about infringement as I stand strongly that I am not infringing anyone; this is about them bullying me and honestly, if it comes down to court, I'm willing to take that chance. Thank you!
Sounds like you have a good attitude and a sense of humor.
Nope, your letters are almost certainly damaging if an attorney did not write them. Hopefully for you not too damaging! Bullying is possible legally with trademark registrations of well funded companies. It's one of the ways big companies raise the ante to play the game. Bullying can also backfire on a big company.
Sure you can play the self-righteous victim, but when it get to court it becomes time to put up or shut up and you might have to put up six figures to defend yourself or more if the other side so chooses. If you have the bigger war chest you may prevail, otherwise likely not. Just be sure you are not talking big and carrying a little stick, or you may get clubbed. Even if you are right, you don't want a Pyrrhic victory, do you?.
Hello Bruce, thank you! The company doing the bullying is definitely well funded and a very large company of whom I'm sure you no doubt know of. I will say that I did have a tiny bit of help from an attorney when I wrote the letters; so damaging should be at a minimum (hopefully!). In truth, going to court is the last thing I want as I'm sure it may be the last thing they want as well. Trials for these cases are quite high in costs and although the sharks don't like my domain name/website, its value is far from worth spending the possible 100's of thousands of dollars it will cost to take me to court. My site has no value at all at this time other than the name and its content of which may compete with their services.
I make a great salary and live very comfortably, and on the side I enjoy buying domains and developing websites. It isn't my job, but I enjoy doing it. I own about 300 websites/domains and I often buy, develop and sell them. It was the ultimate goal of this site as well to be eventually launched, then sold. With that said, I have put some time, effort and money into developing this site and to its success. So for me, giving in to their demands (which are to just give them the domain), ultimately avoiding any legal confrontation may be the easy way out, but its not within me to do so.
I don't have deep pockets as they do that is for sure, but I also don't have much to lose by playing the game a little. I doubt they want to take someone to court who they would never recoup their legal fees from. It may be them who would have the "Pyrrhic victory" not I.
I haven't heard back from them since last week and the last letter written which was 75% from a lawyer, was basically calling their bluff.
I'm more than happy to share with you the intricate facts of this outside of this site if your interested. Either way, I will let you know the outcome!
Hello, I wanted to follow up with everyone here on the site to let them know what has happened since the last time I received everyone's great advice. Again, I want to reiterate my appreciation for everyone's advice, this site is great and I recommend it anyone in need of its service.
Since last speaking on this site, the opposing counsel offered a settlement of 'X' amount of dollars to which I declined and counter offered. The opposing counsel then made another offer which was double the amount but still way too little in comparison. The first offer was $50, the second being $100. I again said no and further stated that I would not take less than my previous counter offer.
Since the last email I sent stating the above, which was January 25th, I have not heard back from them. Its been nearly a month now and no answer has been sent, no offer been sent, nothing. No letters have come in the mail from any establishment and no case, as far as I can tell, has been filed.
Is it safe to assume (even though I hate assuming anything) they've walked away? Could the attorney be awaiting approval on the amount to be settled? Or perhaps its not worth them fighting over? I would imagine if they were going to sue, I would have received something by now?