Advice needed on Damages

[suthra]

Hi pals,
I recently owned a typo of a famous website.
Consider for example: Times.com and i registered Time.com(typo of times)

I joined an affiliate program (say for example>> india.com (where both india.com and times.com are in the same line of business.)
and used the following words

Time.com is now a part of india.com
and added an image which will redirect the users upon clicking to my affiliate link at india.com.

Now, times.com filed a case in court against me and i was ordered to immediately shutdown my site time.com which i did.

Now they have filed for damages, that i was trying to spoil their name through this site.

Is this valid?.

Any help will really be appreciated , iam really worried now.

They dint even issue a notice or warning letter before filing for a case or damages.

Thanks a lot

Sarathy.s

 

[IAmAllanShore]

http://www.namepros.com/showthread.php?t=65719&highlight=typo

Suthra might want to go back and remove that attachment... Just my .02

-Allan

 

[jdk]

could always time someone named "tim e. marti" or "tim emarti" to work with you

 

[primacomputer]

So it looks like the name may have been “times” related after all
If that's the one then one question has already been answered. The name has already been transferred to the trademark owner.

 

[IAmAllanShore]

Suthra - Updates? :gl:
-Allan

 

[suthra]

Thanks a lot for the posts guys. Iam still trying to get away from this. . ANy further advice/posts will be really helpful.

 

[labrocca]

Try this....

crying

Seriously it works...I seen my lawyer do it. Call up their lawyer and just plead....say sorry and that you will do anything to make this right. Tell them you can't sleep at night and you can't eat and your losing weight. Don't make yourself sound like a big shot. Tell them you're just a small guy that works at home and makes a few bucks. If you got kids mention them.

I know it sounds terrible but hey...it sounds like you are worried over this and unless you really did do serious harm to them (which I doubt) they most likely just want to frazzle you. Offer them some money...hopefully something close to what you actually earned during the ownership. Consider the cost of getting a lawyer. This tactic might at least save you that money. It seems you would lose in court but the question for the plantiff is what do they win.

Good luck to you.

 

[EbookLover]

say sorry and that you will do anything to make this right.

Ummm....no. That is about the stoopidest thing you can tell a lawyer "PLEEASE, I'll do anything!".

Take it like a man & take what's coming to ya. US law does not take ignorance or stupidity into consideration so learn what a TM violation is for the future, that is, if you have a future. MMMMMWAAAHHAHAHAHAHHAH!! Get a lawyer and not one who is going to go crawling on his hands and knees telling them that "my client will do anything". If you or your lawyer does this, then soon you'll find yourself with dirty knees, stretched throat, aching bum, and smeared mascara (even if you're not a woman).

 

[DomainSlayer]

Dude they're trying to scare ya. Just have them make you an offer for it,

 

[Mr. Deleted]

I have a domain that I used to promote a Yahoo related service (a blog) and it has Yahoo in the domain. I got a C&D, and I called them up and explained where I got the yahoo blog template, and that it was a fan related. I never asked for money, as that is the last thing you want to do if it is a trademark. I did however ask if I could somehow keep the name. Dan, the lawyer was vary nice, and they told me that they are paying me for the name. (Long story, but there are a few other names included).

So my advise is, if it is a trademark, be honest, and they will be nice to you. If you have a chance of keeping your profits/domain, then try that, but don't try to outwit a company like Yahoo, Google, or paypal

 

[suthra]

Hi joseph, Its not a trademarked domain. They have trademark for
the word "Times xxxxx" (where the xxx represents another word).

 

[primacomputer]

US law does not take ignorance or stupidity into consideration so learn what a TM violation is for the future, that is, if you have a future.

Actually, US Trademark law is one of the few places with ignorance is actually taken into account. Putative damages are decided based on a number of things. One of these is whether the infringement was wilful. It doesn't absolve you of responsibility but it can mean paying out a fraction of what you would otherwise.

I have a domain that I used to promote a Yahoo related service (a blog) and it has Yahoo in the domain. I got a C&D, and I called them up and explained where I got the yahoo blog template, and that it was a fan related. I never asked for money, as that is the last thing you want to do if it is a trademark. I did however ask if I could somehow keep the name. Dan, the lawyer was vary nice, and they told me that they are paying me for the name. (Long story, but there are a few other names included).

So my advise is, if it is a trademark, be honest, and they will be nice to you. If you have a chance of keeping your profits/domain, then try that, but don't try to outwit a company like Yahoo, Google, or paypal

I don't think you were rewarded for your honest you were rewarded for your good intentions. Had your intentions have been to make money of typos and you had told them that I imagine they would not have been so nice.

 

[suthra]

Thanks for all the responses and iam from india.

 

[labrocca]

Umm...sorry but my idea is not stupid. Also you misinterrpreted. His lawyer should NEVER beg or plead....but he should. As some can easily see they are intimidating you. I know lawyers...they like to win and feel like they won. So let them. Call them yourself, claim stupid ignorance (this doesn't hurt you anyways so there is no harm), apologize profusely, get as upset as you can, and tell them you just want to put this behind you.

My suggest as far as I can see won't hurt. As a matter of fact it might help you.

Are there any lawyers here? I am sure a lawyer opinion on the subject would be helpful.

 

[Mr. Deleted]

I don't think you were rewarded for your honest you were rewarded for your good intentions. Had your intentions have been to make money of typos and you had told them that I imagine they would not have been so nice.

It was not a typo, it was YPNYahoo, meaning Yahoo Publisher Network. And the site was not intented as a profit site. It was to be a news/blog about YPN. They let me choose another domain, so I first chose YPNBlog.com, but that, since it was to be a yahoo related site was not accepted, so they want that too, and then they let me go with publisherblog.org

What I ment in honesty, is that don't try to hide anything.

They also made a made a comment about the design, since it looked almost like you were at a Yahoo page, so I just told them where I got the template, and they will probably be going after that site that gives out those templates for free.

 

[primacomputer]

If your case didn't involve a typo, and you did not profit, and had no intention to profit, then your situation is so far removed from this one that it would not be wise to approach it in the same way.

Your course of action was clearly the best for your situation, and you got good results. This guy already has a court case pending. I would not be forthcoming with any information until speaking with a lawyer. In a case like this you must be careful to not provide anything that could be used to support a claim for putative damages. Anything you say can and will be used against you...

 

[Ray]

I cant see how companies make a big deal about this. The internet is not a monoply no is it owned by one such company. They should not be able to sue for a domain even if it is close to there companies. I think its cruel and unhuman to sue a middle class person, when then have like millions of dollars. Its just not worth it in my eyes.

 

[suthra]

Hi templaterave, They dint even issue a notice before filing a case for closure of site and for claiming damages and its a very big company involved in all types of business including media in india.

They also cheated me , by asking me to transfer the domainname to them so that they will takeback the case and now, they are again persuing the case.

 

[primacomputer]

If you have any evidence of that, an email, whatever, it will be very helpful when it comes to to the hearing. You might even get a judge to just throw the thing out right there. This is something you should definitely get a lawyer to look into. He might be able to send them a simple letter stating that there was an agreement for transfer of the name in exchange for waiving the right to legal action and have the whole thing wrapped up in a few days.

 

[Mr. Deleted]

If you have any evidence of that, an email, whatever, it will be very helpful when it comes to to the hearing. You might even get a judge to just throw the thing out right there. This is something you should definitely get a lawyer to look into. He might be able to send them a simple letter stating that there was an agreement for transfer of the name in exchange for waiving the right to legal action and have the whole thing wrapped up in a few days.

I agree, if he transfered the domain, then they have no case.

 

[OvenMitt]

I agree, if he transfered the domain, then they have no case.

That's not true...

That's like saying that I steal a cow, milk it for a year, then return it to the owner, but the owner can't sue me because I gave it back...

He (they claim) damaged the company by his actions.

Must echo some of the advice above: If you don't know what you're talking about (Everybody, not just deleted), don't post and give this guy wrong information.

 

[wchan]

Can you prove beyond a reasonable doubt that you weren't trying to spoil their website? I don't think it would be wise to challenge them, unless you have a strong legal advisor.

 

[suthra]

Hi wchan, i was not trying to spoil their website. If i intend to spoil their website, i would have used "times.com" is a part of "india.com" (as stated in my example).

 

[OvenMitt]

Been a week +. Update?

 

[dsforsaken]

if u ask me i think that all this crap about domain typos is going to far, it should only be used to target spam companies and spyware sites, it should not be used on people who have legitimate sites. But i think you should get a lawyer :D

 

[OvenMitt]

This didn't seem to be a case of a "typo".
And I'm still interested in an update.