Re: Canadian domain name lawsuit

by "John Murray" <jmnc(at)lis.net.au>

 Date:  Sun, 14 Jan 2001 10:20:59 +1100
 To:  "Dean" <dean(at)aaddesign.com>
 Cc:  <hwg-business(at)hwg.org>
 References:  aaddesign
  todo: View Thread, Original
Continue doing a little of what your doing. Don't get spooked. See it as
just one more project your business activities are engaged in.

1. Do you put aside a little each week for "Unknown Fuckups" [You can give
it a fancy name like Provision For Contingent Liabilities if you prefer]. If
yes, spend some on seeing a lawyer for a meeting only to get his input. Make
sure the guy is a rough and tumble sought of business savvy guy. If you
aren't putting this aside, start this week and when you have enough see the
lawyer. [$10 if that's all you can find space in your budget for to start
with].

2. Don't respond to them at all.

3. Part of your info gathering project [don't go crazy] would be getting
info on them. You know anyone in their hometown. etc etc

4. I'd decide I'm going to do x hours per week on it and do no more.

That would be my approach for what it's worth.

The opportunity is that it you get to learn more about this whole area which
has to be useful over the next 5 years say, and you get to tweak your
business financial management systems to manage the unpredictable
contingients.

John

----- Original Message -----
From: Dean <dean(at)aaddesign.com>
To: hwg-business (E-mail) <hwg-business(at)hwg.org>
Sent: Sunday, January 14, 2001 4:09 AM
Subject: Canadian domain name lawsuit


> I am partners in a site called racehorsetrader.com and have been contacted
> by Trader Publications with the threat of a lawsuit.  They own the
trademark
> 'trader' and want us to cease using the site and domain name.
> Are there any precedences in Canada over this type of case?  Can they
> actually win a court case where someone uses the everyday word 'Trader' in
a
> domain name/web site?  Or is it more likely they are trying to manipulate
> us, as they undoubtedly have way more money to spend on lawyers than we
do?
> My first reaction was to let them take us and spend all kinds of money and
> we just represent ourselves, tell our story and spend nothing on lawyers
> (but people say that I watch too many movies).  I know we have the right
to
> own the domain name, but does this mean we can't use it at all?
> This is all very distracting, as the site is doing very well and we are
> ready to start selling ads on there.
>
> Any comments or links that might help me become more informed before we
make
> a decision?
>
> thanks
> Dean Lovell
> racehorsetrader.com
>
>

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