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Hi, I have Recently Become aware a Company /img/avatar6.jpg is in the Process of Beginning to Place a.

Lawsuit against me for some domains/websites I own, The Situation is as follows:.

I was a website designer and bought and sold domains for approx 9 years, and decided i.

Wanted to do something different, as I was tired of sitting at home this plus the fact.

I am partially disabled due to some medical factors and decided to drive a cab here in Pensacola.

As I had done so when I was a young man and enjoyed it..

I began to do so, and then decided to build myself a website and promote my services, I bought the domains.

PensacolaCab.com, PensacolaCabs.Com and PensacolaShuttle.com along with about 30 others related to taxi and shuttle services.

In the Gulf Coast Area..

I have gotten a lot of response from these and made money from the referrals from them, I also helped a couple of friends who drive, set up there own site at.

Pensacolataxiandshuttle.com, and they also have made money from there site..

Where the problem begins is the /img/avatar6.jpg of a Taxi company here in Pensacola, a competitors company, Pensacola Taxi, and who owns PensacolaTaxi.com, seems to feel.

He owns the rights to our sites, and is in the process of Filing a Law Suit against us, his site at pensacolaTaxi.com is far down in the rankings when keyword.

Searches are made and this is simply because he does not know how to get his site where I can, I having the experience I do.

Can of course get my sites ranked for the best traffic.

He seems to feel that the cab domains which the meaning may be similar should belong to him, although the words are different..

He plans to Sue both myself and My FriendI have a Business Licence as Pensacolacab and cabs along with shuttle and they have obtained a business.

Licence in the Name Pensacola Taxi and Shuttle , on this issue and we were made aware of this recently..

The /img/avatar6.jpg Of Pensacola Taxi only has a Business Licence in the Name Pensacola Taxi and None Other..

Al the /img/avatar6.jpg of Pensacola Taxi has also Spread Very Untrue Rumors about me and my friend in The Cab.

Community and Slandered us among our Peers, which for me especially hurts as I am a leader in the Community.

And work to try and made the situation better for all Cab-Shuttle Drivers in The County.

My Questions are Does he have any right to these domains?.

If he does sue can we counter sue? If so for how large of an amount,.

It may be excessive but id love to put his man out of business.

Thank You..

Comments (32)

Does he own a trademark for the said terms? Pensacolacabs etc..?.

Thats really were to start looking, could be a simple case of trying to hijack you,.

That said, if you dont own a tm either, you might want to start looking into it for the above keywords, although descriptive in nature, you own an actual company, that does this, so you should consider trying to tm it before he does...

Comment #1

The only place he can get these names is through UDRP claim (Uniform Domain-Name Dispute-Resolution Policy). Check these boards for more info on the process.

The very first thing the claimant needs to do is prove that you infringe on his trademark. If no one has trademarked Pensacola Cab then I highly recommend you get an attorney and file for it. Once that's done then there's almost no way for him to take your domains, although in America anything's possible. However, if he went and got the trademark himself recently, you still owned the domains prior so you have rights there as well.

In any case, check http://www.uspto.gov/main/profiles/acadres.htm to check trademarks, I don't see any existing but you'll need to search the entire Pensacola database to insure yourself of availability...

Comment #2

Thanks All I know where I need to go I am going to reverse this on him just spoke with a lawyer today and am loading my guns..

Comment #3

Becareful with reverse claims as they can back fire on you as well,.

You've made the right steps getting a lawyer, good luck let us know how you get on..

Comment #4

The best fight is when you never pull your guns. Protect yourself and your interests first...

Comment #5

I would register a trademark for it.

I think you'll be fine with this on. It's all about intent, especially if he doesn't have a trademark and frankly your intent is in no way malicious...

Comment #6

Good advice above and I would also counter suit for slander if he spreading rumors about you and business.

Good luck. Keep us posted...

Comment #7

Geographical (sp?) TM's are the toughest ones to get and enforce...

Comment #8

Well they placed an Emergency injunction Against us, the Judge was or had to be close to 70 something and understood nothing about the Internet, anyway they barred us from using the pensacolacab and pensacolacabs, name along with the pensacolataxiandandshuttle, name until it goes to court in a few weeks which in essence is nothing, these people the ones who are suing us, seem to think that if they get these names they and going to get huge amounts of business, they to do not understand the Internet, simply because I dominate all the business listings for this area for taxi cabs and shuttles, this is simply because with my background and knowledge I was able to set it up like that, and all I simply did was take out those domains and insert others, our biggest problem is finding counsel as our budget is very limited, I would love to find an attorney who would take this pro bono, and upon a counter suit take 33% of what we get , I doubt ill be able to do so , although we were told in Florida that attorneys are required by law to do some pro bono work I have my doubts, the good thing is the judge did not order us to give them the domains, so I simply parked them on sedo, and if I do get an offer on them I'm simply going to sell them for what ever was offered, then they can do nothing at all, well guess I will see soon what is going to happen, these people seem intent on butting us out of business and have done some crazy malicious things of which we have documentation and affidavits from people on , I guess the thing that gives us any hope at all is we did incorporate as a LLC...

Comment #9

No one can make you hand over domain names except in a WIPO or UDRP proceeding. Anything else is just nuisance. Did you file trademark claims for these names?..

Comment #10

I am not sure how local court would treat it, but your lawyer can get a stay on current injunction. This is a direct loss of business for you in case you eventually win - or let this be known to the other party that you would claim a decent compensation for each day you cannot use your sites!.

And do keep us posted as the case goes alongs.....

Comment #11

Wire, that is not true. Please stop repeating that. Courts can and do order names to be transferred all of the time...

Comment #12

So we have to be concerned not only about UDRP hearings but other remedies from courts in regards to every domain we own? Why or how can someone make claims to rights on such a property such as this one above through a local district court? I have certainly heard of being sued for rights or damages but actual transfer as part of a judgement settlement without trademark rights?..

Comment #13

IMHO, do not park them. Redirect the domains to an "Under Construction" page or something like that.

Selling them might work out, but be aware the buyer, if later sued for owning the domains, could then come back and sue you. So if selling, be darn sure to disclose, in writing, active litigation relating to the domains to buyers - and then upon sale, drawing up a written contract, absolving you of any liability; may require the assistance of attorney to draft it properly. Incorporating / business license alone usually does not mean much when it comes to such disputes. The active usage of the name itself in commerce is far more important ... in this case, clearly explaining that you offer cab / limo service in the Pensacola area, which directly relates to the geographic domains you are using. Convince a judge of that, and you have a very good chance of keeping the domains.

Don't count on pro bono. While it may be tough to do, IMHO, pony up the money for an attorney who specializes in business name / tm disputes asap ... there are some fine attorneys here who may be able to help and/or suggest an attorney in your local area to contact for assistance.

Ron..

Comment #14

Just want to point out that is not true. Florida lawyers may perform either a certain number of pro bono hours per year (the number escapes me at the moment....I believe it is in the 20-30 range) or make a monetary donation to a pro bono fund/org...

Comment #15

Imho..these domains and how you have used them are generic. He doesn't have a leg to stand on. Get a good lawyer and fight this if you can. Get an IP lawyer (intellectual property) and don't settle for anything less. Don't worry about a counter-suit either imho. You just should focus on keeping your property for now.

Good luck and keep this thread updated please...

Comment #16


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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