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Need suggestions for retaining a domain name dispute lawyer

Who are the best known domain lawyers? How do I find one?

         

DXL

9:26 pm on Nov 30, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



One of my clients filed for a trademark of their .com years ago. Due to a billing error, the domain name expired, and was registered by another company who immediately put a portal up. I've called and emailed the company that opted not to respond (even though I told them the domain was trademarked), so now its lawyer time.

I've spoken to various lawyers in the past about this, anyone here have any good experiences with a particular one? Post them here (if you can) or just send me a message, thanks!

Webwork

10:11 pm on Nov 30, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



So long as we keep things factual and minimallly promotional this is an appropriate subject for name dropping. However, if you have had a problem with a domain lawyer, take it up with their Bar Association, not with our membership.

I know there's a handful of attorneys that routinely handle domain arbitrations or litigation.

Deborah Wilcox, Esq., who most often appears/acts on behalf of trademark holders, recently spoke at the LasVegas PubCon. Another, John Berryhill, Esq., who mostly appears on behalf of domain holders, also spoke at PubCon. (Okay, at least he spoke whilst answering questions from the floor. :) )

What I meant to ask at PubCon was the approximate legal fees and costs for a domain arbitration. Anyone have direct knowledge or know someone who knows someone . . . who knows?

novice

11:46 pm on Nov 30, 2005 (gmt 0)

10+ Year Member



Ari Goldberger www.esqwire.com.

Pretty impressive list of victories.

Hope it was alright to post site.

Webwork

12:01 am on Dec 1, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



No problemo Novice. There are times when building a thread to store in the forum library requires a different approach.

davezan

6:38 am on Dec 1, 2005 (gmt 0)

10+ Year Member



Where are you based from, DXL?

DXL

6:23 pm on Dec 10, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I'm from the Big Easy.

But since someone brought up Ari, I can't really use his services because he has represented cybersquatters that we've tried to get domain names from over the years. He seems to be very good at what he does, but every time we wanted to hire him there was a conflict of interest. No disparaging comment here, just stating the facts.

The epilogue to this recent domain story is an extremely odd one: Within one week the domain ownership went from the first Cybersquatter, to a second foreign cybersquatter, and then somehow ended up back in my account as if it had never been deleted. And this is while the second company was asking for a large sum of money for the .com. Perhaps they got worried and deleted it, and the backorder was still functioning, but either way I regained ownership (weird).

BaseVinyl

7:26 pm on Dec 10, 2005 (gmt 0)

10+ Year Member



I am currently involved in a domain name hassle as well...and won't go into details. Although I have been wary of hiring a lawyer I think it is absolutely important in this case so have finally decided to actually speak to an expert. Thanks for the good advice Webwork, you convinced me to seek counsel and it's the best decision I've made! I am using the grassroots approach though which is allowing me to be more involved. I am working with a fellow callinh himself "The Tradmark Dummy" who seems to be quite a character, based in Canada, and has a good approach to dealing with domains and trademark the old fashioned way...more of a diy approach but it involves me having to actually learn about the law so I like it.

As everyone here says...call a lawyer! Good advice!

Glad to hear your case turned out!

stu2

5:28 am on Dec 12, 2005 (gmt 0)

10+ Year Member



One of my clients filed for a trademark of their .com years ago. Due to a billing error, the domain name expired, and was registered by another company who immediately put a portal up. I've called and emailed the company that opted not to respond (even though I told them the domain was trademarked), so now its lawyer time.

The epilogue to this recent domain story is an extremely odd one: Within one week the domain ownership went from the first Cybersquatter, to a second foreign cybersquatter, and then somehow ended up back in my account as if it had never been deleted. And this is while the second company was asking for a large sum of money for the .com. Perhaps they got worried and deleted it, and the backorder was still functioning, but either way I regained ownership (weird).

This happened to me in reverse just recently. I bought a couple of expiring domains thru SN. The registrar sent me an email that there had been a billing problem and the domains had really been renewed by the previous registrants. They quoted some obscure clause which I never even bothered to look up. Next day they simply just took the domains away from me and refunded my money. Maybe this is what happened to you in reverse, if you'd been in touch with your registrar.

DXL

7:03 am on Dec 12, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



That's what's unusual, I wasn't in touch with my registrar about the issue. I paid for a backorder, and received updated emails on the status. I then received emails saying that the whois records had changed, and then another email saying that the backorder failed. A week after the backorder failed, I get an email saying that it went through. What's funny is that the cybersquatter that responded to my emails and tried to extort me is still sending me emails with new quotes for the domain name.

kevinpate

12:50 pm on Dec 12, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



well, as you have it back, I suppose you could advise squatter of the point and note that, as he's so graciously and continuously made clear his view of the value of the name, you might be inclined to consider selling it to him at the upper end of the price range he's been quoting.

When he ceases his sputtering and shrieking, he'll probably stop writing. :)

stu2

12:14 am on Dec 13, 2005 (gmt 0)

10+ Year Member



Hehe. I had something similar, and again in reverse, happen to me. I had an enquiry on a domain I owned, so sent them a price, expecting to negotiate. They came back to me and said they had the plural of my domain and could buy it at a fraction of the price I quoted :)