I've been doing business under a brand and have owned the corresponding domain since the early '90's. Yes, I've been doing business under this brand since before the Internet went public and got the domain as soon as it was possible.
The brand was used in commerce prominently until about 2005 (manufacturing and selling product as well as consulting). I had a C corporation under the same name.
Around 2005 I shutdown the C corp and focused mainly on consulting with a few clients a couple of times a year. I operated as a "dBA" under this brand.
Because of the nature of this brand it has, over the last few years become very relevant to a market segment that is growing significantly world wide. I've been waiting for the right opportunity to shift back into designing and manufacturing products and that is finally here.
A couple of months ago individuals contacted me about buying the domain from me. It turns out they just started a company in another country using the same root name. They offered me a paltry sum (a few hundred bucks) to buy the domain. I told them I had zero interest in this.
Well, fast forward to today. They are now attempting to obtain a trademark in the US (I have a common law trademark spanning nearly 30 years of continuous use). If they are granted such a trademark I am sure it is their full intent to put as much pressure on me as possible to effectively steal my domain and trademark away.
These people have tens of millions of dollars available to them and have already stated they have no problem burning cash. While I don't have the financial horsepower to fight them long term, I have sought legal advise and will take a initial steps to mount a defense.
As I understand it, the domain can't be taken away from me all that easily. However, the approach seems to be to simply sue and force the smaller entity (me) to have to burn cash to defend or cave-in and give it up.
I am familiar with the nissan.com story (if you are not, visit that URL). It is interesting to note that the owner seems to hint it cost him somewhere in the order of $250K to defend his domain. I would have to sell everything I own, put my family on the street and that might still not be enough to endure an attack. Whether or not the lawsuit has merit doesn't seem to mean anything. It's a game of intimidation and pain where the one with the biggest bank account wins.
I am looking for any advise, opinion, links, etc. that might help me better understand what my options might be going forward. I am meeting with an IP attorney next week. That said, if folks in this forum know of highly experienced attorneys who are absolute experts in domain issues specifically I would definitely appreciate a referral.
Do I want to sell?
No, not really. Not interested.
However, if the choice is to sell or go broke defending it...well, I might have no choice. In that case it will have to be about how to get the most I can out of it which, to me, means 6 to 7 figures after taxes.
Thanks
The brand was used in commerce prominently until about 2005 (manufacturing and selling product as well as consulting). I had a C corporation under the same name.
Around 2005 I shutdown the C corp and focused mainly on consulting with a few clients a couple of times a year. I operated as a "dBA" under this brand.
Because of the nature of this brand it has, over the last few years become very relevant to a market segment that is growing significantly world wide. I've been waiting for the right opportunity to shift back into designing and manufacturing products and that is finally here.
A couple of months ago individuals contacted me about buying the domain from me. It turns out they just started a company in another country using the same root name. They offered me a paltry sum (a few hundred bucks) to buy the domain. I told them I had zero interest in this.
Well, fast forward to today. They are now attempting to obtain a trademark in the US (I have a common law trademark spanning nearly 30 years of continuous use). If they are granted such a trademark I am sure it is their full intent to put as much pressure on me as possible to effectively steal my domain and trademark away.
These people have tens of millions of dollars available to them and have already stated they have no problem burning cash. While I don't have the financial horsepower to fight them long term, I have sought legal advise and will take a initial steps to mount a defense.
As I understand it, the domain can't be taken away from me all that easily. However, the approach seems to be to simply sue and force the smaller entity (me) to have to burn cash to defend or cave-in and give it up.
I am familiar with the nissan.com story (if you are not, visit that URL). It is interesting to note that the owner seems to hint it cost him somewhere in the order of $250K to defend his domain. I would have to sell everything I own, put my family on the street and that might still not be enough to endure an attack. Whether or not the lawsuit has merit doesn't seem to mean anything. It's a game of intimidation and pain where the one with the biggest bank account wins.
I am looking for any advise, opinion, links, etc. that might help me better understand what my options might be going forward. I am meeting with an IP attorney next week. That said, if folks in this forum know of highly experienced attorneys who are absolute experts in domain issues specifically I would definitely appreciate a referral.
Do I want to sell?
No, not really. Not interested.
However, if the choice is to sell or go broke defending it...well, I might have no choice. In that case it will have to be about how to get the most I can out of it which, to me, means 6 to 7 figures after taxes.
Thanks
