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kukuser2014-01-14 12:43:49
Domain name market
kukuser, 2014-01-14 12:43:49

Encountered IRL forensic trolls. What does it threaten?

Forensic trolls from the newspaper pages suddenly burst into my real life. The situation is complicated and it would be great to hear a couple of tips from people who are savvy in this topic.
I have a small company. A long time ago I worked with a SEO who riveted a bunch of satellites that hang to this day. It just so happened that one of the domains completely coincided with the name of the manufacturer of one of the goods.
Suddenly, the owner of this trademark showed up, decided to cut the dough off me for using the domain and filed a lawsuit against the company for several million wooden ones (an insane amount). Before the lawsuit, they did not even try to contact me. After filing a claim, we phoned a couple of times. Apparently, they don’t need a domain at all (and the owner company is clearly not the manufacturer itself or even a representative, because the manufacturer is foreign and I am familiar with them).
The lawsuit is based on the fact that somewhere from the satellite there is a link to the main website of the company, which allegedly indicates a connection with the company. However, in fact, the domain is registered to the person with whom I worked (all contracts were concluded orally, he was not officially registered in the state). Unfortunately, life turned out so that the SEO specialist died in a car accident, but since I have access to the account, my wife (she is not on the staff and generally works elsewhere) paid for the domain from her electronic wallet a couple of times (he, wallet , confirmed by her passport data). This is the only clue there is.
The site is now down. But I can't do anything with the domain, because it hangs on the account of the person who died. It is impossible to transfer a domain from such an account. You can only write an application for early separation. But the application is needed from relatives, and they all live in another country. I can not renew the domain, but there is still more than one month before the expiration of the delegation.
I'm not sure that the domain was registered before the appearance of the trademark in the Russian Federation. Most likely later. Everyone just didn't care. The resource itself is practically dead. On it there are at most one and a half to two visitors a day.
upd. The action takes place in Russia. Domain in .ru. But the trademark appeared in Russia before the registration of the domain. We managed to find accurate information.
What next steps would be best to take? And what are the prospects?

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4 answer(s)
V
Vasily, 2014-01-14
@kukuser

Is the domain not registered to you? You are not the owner -> you are not responsible for it.

M
myagi, 2014-01-14
@myagi

In general, all factors indicate that this is a divorce. For example, the lack of pre-trial settlement, the incomprehensible affiliation of the satellite and the main domain, and more, and more...
I won't be surprised if soon after the lawsuit you are offered to disperse without trial for a certain amount.

S
Sergey, 2014-01-14
@edinorog

The first thing to do is sleep normally. =) After that, he lets go. You start to analyze. Further everything is simple. Your site was redirecting from Apple.ru to your shirts.rf. And here comes an interesting twist. The presence of a trademark does not mean that all domains automatically belong to its owner. It is his right to buy or not to buy it. There is an extended period of priority registration. If he did not use it ... let him go through the forest. Move on. The domain can be revoked. Yes, and spit. But!!!! In order to prove the amount of damage, you need to show specific actions to cause harm by posting content. What do you say in court...
in short so and so mister judge .. I myself am a fool. I saw a beautiful domain and I think - let me promote it. In the meantime, I'll redirect to my site. to know whose domain it is. for I am an honest citizen and do not want to hide. and didn't do anything wrong.
and let them prove it later. are suing. there is a chance of screwing up. but what to do.

D
Dmitry Filatov, 2014-01-14
@i_dozi

A letter with a notice of assignment, where you offer all possible solutions to the problem of the "villain". In the same place, write that you agree to help, come up with something together and so on.
Further, to the court, with a copy of the letter and notification.

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