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Old 02-07-2015, 09:19 AM  
BlackCrayon
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Join Date: Jun 2003
Location: Ottawa
Posts: 19,631
Quote:
Originally Posted by woj View Post
no one brought up a point that it's all fun, games and bullshitting on gfy until you actually have to defend yourself in a case like this...

you read the complaint and you get blind sided by the fact that this guy was selling these t-shirts for the past 15 years at some local flea market... and now what? maybe that's enough to establish common law trademark? now suddenly you have a dilemma, do I hire a lawyer to defend myself? or do I play lawyer myself?

OneHungLo's advice is actually pretty good... best to work things out before laywers get involved... once they get involved, both parties will get fucked hard...
9 times out of 10 if you take a few hours to and do some reading defending yourself in a udrp isn't hard. one thing that seems to help is paying the extra money for a 3 person panel. then your fate doesn't rest in one persons hand. its not enough for the guy to simply say yeah i sold them at flea markets, there has to be actual proof. not just the guys word.

i own a lot of domains and have had a few udrps over the years though i've never bothered defending them. the domains weren't worth the hassle so i just gave them up but should someone do that to one of my premium domains, i would not just lay down and hope for the bare minimum of some pathetic $1200-$1500. there is no 'hard fucking' if you choose to defend yourself in a udrp, it costs nothing and the worst case you lose the domain. it all depends if its worth it or not i guess.
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