Looking for legal advice in Montreal for a Cyber Squatting case... - GoFuckYourself.com

Jman · 03-30-2010, 06:57 AM

Long story short this guy produced my friends album back in 2006 www.rickhughes.ca but they split up in a bad way and my buddy Rick being way to nice decided to let it go.

Now after a long talk I convinced him this is cybersquatting and we should be able to get his name back easily.

So my question is there anyone that knows a good legal representative in Montreal who could handle this case.

Thanks

WebCashMaker · 03-30-2010, 07:06 AM

I just looked into a case like that and this is what I got back from the lawyer..

Quote:

After verification, I am of the opinion that our client has a recourse for trademark infringement under the Trademarks Act. ("TMA"). As such, I recommend that we do the following:

1. send a cease and desist demand letter;
2. reserve our rights to file proceedings in Federal court for permanent injunction, damages or accounting of profits under the TMA. We will have to limit it to the past 3 years since there is a prescription issue on any revenues for the past 3 years.

We need to act fast as time is of the essence. The estimate cost is $20-$25k in fees to file and take it to trial, if it doesn't get too complex.

Let me know.

Regards,
Lawyer

Did he trademark his name ?

Jman · 03-30-2010, 07:12 AM

Not sure he trademark his name but if you look at the site, www.rickhughes.ca this is my buddy and the guy is still trying to sell copies of the album.

I think this case will get a bit more complex hence why I am looking for legal references that would be local.

ottopottomouse · 03-30-2010, 07:34 AM

Sounds complicated with having previously been a partnership. I can see a lawyer in Montreal getting a nice new car off of this.

Jman · 03-30-2010, 07:39 AM

Quote:

Originally Posted by ottopottomouse

Sounds complicated with having previously been a partnership. I can see a lawyer in Montreal getting a nice new car off of this.

Yeah hence why I am trying to help to see if we can avoid huge "out of pocket" costs for him

pornlaw · 03-30-2010, 08:03 AM

If there's a contract between the two of them it may not be cybersquatting. Even if that contract is oral in nature. Since they did some business together, your friend may have licensed the right to the developer to use the domain.

He can revoke the license but you havent given enough facts.

If he really wants to do this as cheap as possible without protracted litigation and it really is cybersquatting then go with ICANN's UDRP --

http://www.icann.org/en/udrp/udrp.htm

It will cost him about $2000 and can file without an attorney...

pradaboy · 03-30-2010, 08:10 AM

If you're looking for a true domain lawyer I can recommend the following three, they are the best in the business:

Ari Goldberger > http://www.esqwire.com/

John Berryhill > http://johnberryhill.com/

Stevan Liebermann > http://www.aplegal.com/

They are not in Toronto but this is not necessary in my opinion. Any of these three can win that case through an UDRP which saves a lot of money.

BossDVDs · 03-30-2010, 10:22 AM

Quote:

Originally Posted by Jean-Francois

Not sure he trademark his name but if you look at the site, www.rickhughes.ca this is my buddy and the guy is still trying to sell copies of the album.

I think this case will get a bit more complex hence why I am looking for legal references that would be local.

Unless "the guy" is actually making some $$, which I doubt it, I wouldn't waste more time than just sending a letter an attorney drafted ($500 max?) in hopes of him getting scared & handing it over (since he's not making $$). Otherwise a lawyer isn't gonna go after this without a retainer since he too knows "the guy" hasn't made any $$ with this. Sounds like you got drunk & were bullshitting with ur friend but at the end of the day this guy isn't a Jay-z and there's no money for anyone to go after.

(That's the gist, yes I'm sure there are certain facts etc but it's all about the $$)

LeCoq · 03-30-2010, 11:59 AM

I remember him most from his Sword days... Man that band was good. Family of musicians.

iwiiiiiiiiii · 03-30-2010, 12:44 PM

JF, have a really good one, contact me if you need, I think he even work for Yahoo

kkou366 gmail

Sly · 03-30-2010, 12:50 PM

I think I would have looked into the lawyer situation before convincing him he has a case, LOL.

03-30-2010, 06:57 AM	#1
Jman Too lazy to set a custom title Industry Role: Join Date: Sep 2003 Location: Canuckstikan Posts: 22,790	Looking for legal advice in Montreal for a Cyber Squatting case... Long story short this guy produced my friends album back in 2006 www.rickhughes.ca but they split up in a bad way and my buddy Rick being way to nice decided to let it go. Now after a long talk I convinced him this is cybersquatting and we should be able to get his name back easily. So my question is there anyone that knows a good legal representative in Montreal who could handle this case. Thanks __________________ email: [email protected] Best AI Affiliate Program Niche Dating Program PPS! FantasyXXX.AI Teams: jean.francois.laverdiere TG: @jman1216

03-30-2010, 07:12 AM	#3
Jman Too lazy to set a custom title Industry Role: Join Date: Sep 2003 Location: Canuckstikan Posts: 22,790	Not sure he trademark his name but if you look at the site, www.rickhughes.ca this is my buddy and the guy is still trying to sell copies of the album. I think this case will get a bit more complex hence why I am looking for legal references that would be local. __________________ email: [email protected] Best AI Affiliate Program Niche Dating Program PPS! FantasyXXX.AI Teams: jean.francois.laverdiere TG: @jman1216

03-30-2010, 08:03 AM	#6
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,877	If there's a contract between the two of them it may not be cybersquatting. Even if that contract is oral in nature. Since they did some business together, your friend may have licensed the right to the developer to use the domain. He can revoke the license but you havent given enough facts. If he really wants to do this as cheap as possible without protracted litigation and it really is cybersquatting then go with ICANN's UDRP -- http://www.icann.org/en/udrp/udrp.htm It will cost him about $2000 and can file without an attorney... __________________ Michael www.AdultBizLaw.com

03-30-2010, 08:10 AM	#7
pradaboy sell me your banners Industry Role: Join Date: Dec 2003 Location: on the tubes Posts: 12,931	If you're looking for a true domain lawyer I can recommend the following three, they are the best in the business: Ari Goldberger > http://www.esqwire.com/ John Berryhill > http://johnberryhill.com/ Stevan Liebermann > http://www.aplegal.com/ They are not in Toronto but this is not necessary in my opinion. Any of these three can win that case through an UDRP which saves a lot of money. __________________ Media Buyer - Sell me your traffic! FREE to register domains... Better than 99% of the crap sold here!

03-30-2010, 11:59 AM	#9
LeCoq Confirmed User Join Date: Jul 2009 Location: Hen house Posts: 245	I remember him most from his Sword days... Man that band was good. Family of musicians. __________________ The best sig is no sig

03-30-2010, 07:34 AM	#4
ottopottomouse She is ugly, bad luck. Industry Role: Join Date: Jan 2010 Posts: 13,177	Sounds complicated with having previously been a partnership. I can see a lawyer in Montreal getting a nice new car off of this.

03-30-2010, 12:44 PM	#10
iwiiiiiiiiii Outside The Box Geek Industry Role: Join Date: Oct 2004 Location: MTL/Canada Posts: 550	JF, have a really good one, contact me if you need, I think he even work for Yahoo kkou366 gmail Last edited by iwiiiiiiiiii; 03-30-2010 at 12:51 PM..

03-30-2010, 12:50 PM	#11
Sly Let's do some business! Industry Role: Join Date: Sep 2004 Location: Austin, TX Posts: 31,341	I think I would have looked into the lawyer situation before convincing him he has a case, LOL. __________________ Vacares - Web Hosting, Domains, O365, Security & More - Paxum and BTC Accepted Windows VPS now available Great for TSS, Nifty Stats, remote work, virtual assistants, etc. Click here for more details.