armchair lawyers get in here

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  • BigDeanEvans
    So Fucking Banned
    • Apr 2006
    • 1368

    #1

    armchair lawyers get in here

    Question; If i snatch up a domain that was about to expire. Lets call the domain joesmithsplumbing.com. They are a plumber in say Texas and I am a plumber in Florida.

    Do they have any right to that domain name if its not trademarked? Can they sue me for anything?

    Thanks for any input.
  • pornlaw
    Confirmed User
    • Feb 2007
    • 1902

    #2
    Depends. I just handled a domain name case for an A/C heating company. My clients were being threatened with a TM infringement lawsuit because they snatched up a domain name that had another A/C heating company's trademark in it.

    You have to check search the TM database to be sure there is no infringement.
    Michael

    www.AdultBizLaw.com

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    • CunningStunt
      Confirmed User
      • Aug 2006
      • 5594

      #3
      Are you actually called Joe Smith, or trying to pass yourself off as someone you're not?

      If it's a general name I very much doubt they have a leg to stand on.

      I've recently had a client visited by a competitor at his offices as this person owns: *Placename*Villas.com, and I registered *Placenames*Villas.com - he said we are trying to pass ourselves off as his domain. He doesn't have a chance, you can't copyright a city name and type of house Put my client out a bit, lilly livered pansy.

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      • BigDeanEvans
        So Fucking Banned
        • Apr 2006
        • 1368

        #4
        The domain isnt trademarked, i searched the trademark database. And no, im not joe smith, i basically just bought the domain because its old, has a lot of back links etc but i would like to know if they have any type of case because naturally, they are screaming they are gonna sue and blah blah.

        I did have a problem one time when i did the same thing but the person actually had the type of business in my state so my lawyer said they have a case with unfair business practice so i just scraped the domain...wasn't worth the fight in court.

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        • woj
          <&(©¿©)&>
          • Jul 2002
          • 47880

          #5
          It all comes down to how badly they want it back, they are most likely just bluffing, but if they are not, it could cost you 1000s in lawyer fees to get them off your back...
          Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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          • BigDeanEvans
            So Fucking Banned
            • Apr 2006
            • 1368

            #6
            Yeah you're probably right. I guess it doesnt help that the person is a lawyer



            Originally posted by woj
            It all comes down to how badly they want it back, they are most likely just bluffing, but if they are not, it could cost you 1000s in lawyer fees to get them off your back...

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