Someone suing me over my domain name sayings its infringeing, am I liable up to $100k by the “Lanham act”?
If you are an intellectual property lawyer who deals with trademarks infringement you should be able to answer this.
I will use KMart and Walmart for examples in my scenario
A company owns a trademark on (“WALMART”), so they own WALMART.com. I purchased a domain called KMART.com. They want to sue me because they say the word “MART” in my domain name infringes their federal trademark of (“WALMART”).
My business would pertain to a similar service as theirs.
So the question is, is my domain trade mark infringing? Am I liable for any statutory fines? They keep threatening me that I am liable up to $100k by the Lanham act. I have not made any money off of my domain, it merely had a home page.
What is the worst I have to worry about? I could only imagine injunction, but then what would the statutory fines be for?
They are asking me to turn over the domain, and pay their attorney fees. Should I have to pay for attorney fees? Shouldn’t they at least reimburse me my domain purchase?
blktan24, I already have a new domain but they are asking me for attorney fees, etc. I am already in the mess, question is how can I get out of it without paying attorney fees, and without getting sued. But the question is, am I really liable for statutory fines over this ridiculous law?
sick
win at seo
why dont u just get a new domain name?
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Some guy who owned the domain name ‘nissan.com’ went through the same thing a few years ago against Nissan motors.
Read his story.