|Company files to get Rain.com (Rain trademarked!)|
Registered 18 years before the company was formed
If 'rain' is being targeted, we know it's getting scary out there!
1. The disputed domain name was registered on December 12, 1990.
2. Complainant was incorporated in April 2008.
3. Complainant first used the trademark in June 2008.
4. Complainant sent Respondent a letter dated July 29, 2008 offering to purchase the disputed domain name.
5. Respondent advised Complainant that the domain name was not for sale.
6. Complainant subsequently commenced these Administrative Proceedings.
|The Panel finds that Complainant has engaged in Reverse Domain Name Hijacking. |
Now, what's really need is a lawsuit seeking compensatory damages, counsel fees and punitive damages for frivolous litigation, abuse of process, malicious abuse of process, . . . or whatever . . anything and everything, including the kitchen sink.
On the flip side of cybersquatting is the emergence of legal proceedings of extremely dubious merit, a practice that like cybersquatting - with its $100,000.00 statutory penalties - needs a corresponding statutory remedy.
Let's amend the anti-cybersquatting law to provide a $100,000. penalty to be assessed against anyone or any company that files a legal proceeding that is . . so lacking in merit that it fails to pass the . . "Say what?!" test.
If the filing of the proeeding, to grab a domain causes a majority of intelligent people to say "WHAT?!", in response to reading or hearing about the action, then they wrongdoer is fined $100,000. . . or more.
I agree, they need to post a $10,000 bond, if they are labeled as reverse hijacker, it's all gone. As more companies are started and the .com names are scarce expect more and more attempts to cheat and steal.
|Now, what's really need is a lawsuit seeking compensatory damages, counsel fees and punitive damages for frivolous litigation, abuse of process, malicious abuse of process, . . . or whatever . . |
I have been wanting to file Federal Court lawsuits myself (pro se) against several firms who were trying to in-effect reverse hijack my domains but unable to get a little help as far as how to word the pleadings in a general sense, general wording of the suit, and the statutes involved, and relief requested.
Still want to pursue it if only I could get some help with it. I am not financially able or willing to pay an attorney a ton of money to do it. In fact, I have asked a couple domain attorneys about it and they were quite reluctant to handle such a case even on paid basis for some odd reason.
P.S. Since I believe Webwork is an attorney himself maybe he could help me so I can do my pro se lawsuits. I will do all the legwork and paperwork. The District Court is only a short 35-minute drive away. The cost of the filing is surprisngly low at only $350. P.S. The proposed pro se lawsuits will not be my first rodeo in Federal Court so I am aware of the procedures and process.
When I wrote about this (by post, sticky mail or email) at other boards too the response is always dismal or zero, so not too surprised. Don't understand why seemingly no one wants to help me (in a general way) with these proposed lawsuits? Especially so since by doing this it would seem to help all domainers in the sense it potentially can make the reverse domain hijackers hesitant to file cases in the future if they know there are proactive (and also pro se) domainers out there.
trader, almost all pro bono legal work is performed within a few miles of a lawyer's office - which typically are near to the courthouse serving their venue. This cuts down on time lost to traveling, since travel time would simply add more cost to the "cost of doing pro bono work".
So, my first bit of advice is target lawyers with offices near where you will file, i.e., your home venue.
Secondly, lawyers are VERY selective about the pro bono work they do, since there are MANY people and "causes" (hate that word) calling for free/discount services.
I find that lawyers who are fond of the arts will volunteer time to arts organizations. It's a way do some good while fulfilling some other personal goal, interest, yearning, etc. (I did such work for years for a local arts organization.)
Finding a lawyer with a yearning to help domainers? Eh . . ? No surprises there.
Lawyers also don't kin to projects where "all they have to do is help the lay person". Most lawyers who have ventured into that realm have stories to tell about how things just didn't turn out.
Also, bear in mind that even though it's "pro bono work" most lawyers don't want to do a bad job - so many lawyers will refuse requests to do work that is outside their scope of expertise.
Unfortunately, a good deal of past legal activism was enabled/underwritten by a lawyer's/law firm's ability to "pay the bills from paid work elsewhere" - i.e., if you had enough paying clients to meet your expenses you were more able to take on pro bono work. That "model" is now suffering from the lack of "work elsewhere". Ditto for activist agencies funded by contributions, grants or governments. Budgets are being slashed.
Maybe you need to go looking for unemployed lawyers who have a lot of spare time? Unfortunately, you may not be getting the pick of the crop for your legal work, but you might get lucky.
I'm not in the market to help no matter how much your lament. In my "free time" (Ha! And ha, again.) all I do lately is build websites . . that don't make me any money.
Guess I could call that my unpaid or low paid pro bono work? :(
Keep looking, but keep it close to home. Don't invest a lot of time, though, as I don't see you having any success - to be painfully frank.
Trader, if they failed to get the name, what's the point? Teach them a lesson with a pro-bono lawyer, i.e. on someone else's dime?
If I recall correctly once a lawyer starts the lawsuit the might force him to go on...and on..and on...depending how far the other guy goes.
I never said they failed to get the name but were actively threatening to take action to get it.
Also, as far as I know pro bono lawyers handle routine cases such as divorce, dui and similar common cases and probably extremely unlikely to find one with expertise in domains and trademarks. In addition, I heard you need to proove you can't afford to pay a lawyer and are very poor to get a pro bono attorney for your case.
P.S. Webwork, I had a few Rodeos already (and feel comfortable in Federal Court) so dont need a lawyer but just need a little help with the general pleadings pro se, as mentioned before. I have also asked domainers who filed preemptive lawsuits against TM owners before but my requests for a bit of help were stonewalled.