Legal Question in Intellectual Property in California

Re: federal Anticybersquatting Consumer Protection Ac

I seem to remember this situation from a previous posting. LawGuru users aren't supposed to mention names, but this looks harmless enough so I'll attempt an answer rather than rejecting the question and obliging you to re-ask it.

I think you should research the situation under the alternate heading of cyberpiracy. At one time, the term cybersquatting referred to the practice of registering marks that might be wanted by someone else with an existing business by that or a similar name, with intent to re-sell the name to them at a profit, whereas cyberpiracy was the use of a deceptive url to divert actual sales leads and customer inquiries to someone who didn't own the brand the consumer thought he was contacting.

The distinction between the two terms has become somewhat blurred, I believe, since the early part of this decade when the laws were passed and the first cases went through the appeal process and decisions were first published (and I last studied the subject in depth).

I think your situation may be ripe for the filing of a suit. Assuming a federal law applies, I would suggest filing in Federal Court. I would sue for money damages, an injunction, and perhaps ask for punitive damages. The chances of a settlement before trial would be quite high, well over 50% I would think.

You might contact me directly with information about where the two companies are situated, an estimate of damages to date, and maybe some data about the relative size of the businesses, and I'll give you a further analysis and maybe a proposal to represent you on an affordable basis. No promises.

Re: federal Anticybersquatting Consumer Protection Ac

This is a trademark infringement case. If you have registered your trademark then you may be entitled to broad statutory damages, if not then common law allows for lost profits and damage to your trademark. Contact me directly.