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-   -   Looking for legal advice in Montreal for a Cyber Squatting case... (https://gfy.com/showthread.php?t=960928)

Jman 03-30-2010 06:57 AM

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 :thumbsup

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 (Post 16991120)
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 :Oh crap

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 (Post 16991062)
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. :2 cents:

(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.


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