serving notice papers - how serious ?

Advertise on BHW
inkus said:
Hi BHW fellows, not too long a friend of mine opened a replica watch online store and before he even sold anything this serving notice from Chanel has appeared on the website: servingnotice .com/ctp5/ . Now he tried to contact the Chanel's lawyer on the case through his email and explain that no sales were ever made and etc but received no reply... Now how serious is this, what are the chances of Chanel really going after him and what would be the best way to go about it considering:

1. No sales were ever made on the website.
2. He deleted all the content and files from the host.
3. Never provided real information when registering the domain and the host. (Except I believe he paid using his credit card...)
4. He lives in Canada and not USA.

Thank you all in advance for any good suggestions and advice from any of you that are experienced in such issues!
Click to expand...

This is my opinion, Chanel is abusing the legal process. The rule they are relying on for alternative service:
Federal Rule of Civil Procedur e 4(f)(3),
(F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and
(3) by other means not prohibited by international agreement, as the court orders.
Click to expand...

To use alternative service, you must have first attempted normal service and failed. I see no certificate of service prior to or after the sealing of the documents.

Aside from this, except under international agreement, a judgement to a foreign county has no validity, and a judgement from a foreign entity has no effect in the US per US trade law. Nothing more than seizing the domain can happen. Even that requires a court order submitted to ICANN.

The company is simply fishing for the domain owner because of private registration. To challenge this, of course, you would have to give the company what it wants, the domain owner. This in turn would give Chanel a name to sue.

Advise: Do not pay bills on the server and let it expire. Do not answer the law suit, consider the domain forfeit and start a new one.
 
Last edited:
the_demon said:
I'm not sure, but in order for them to claim any serious judgement against you, I'd think they would need to prove you derived profit from the site in order to collect damages. Otherwise, you could probably claim the site was simply a test domain for practicing web design and there was never any intent to sell the merchandise.

All in all if you take the website down they are unlikely to pursue you.

** I am not a lawyer, the above is not legal advise, just general commentary. Always consult an attorney for legal advise. **
Click to expand...
Thank you, I think that is what going to be the case.. Here is a copy of my friend's reply email to the Chanel's lawyer:

I am writing you on behalf of the former website and would like to request for dismissal from the case against Chanel, Inc due to below mentioned reasons:
1. Upon receival of complaint the website's operation was immediately stopped and email with explanation was sent back to Plantiff's "certified email service" .
2.* The former website is fully suspended and deleted along with the domain, all the files and content as of *date*.
3. The former website clearly stated in its "Terms of Use" that any products displayed on the website were only for novelty purposes and not for purchase, reselling or any distribution.
4. The former website did not participate in any selling of couterfeit goods and did not make a single sale or financial transaction.
5. The former website has not used any of copyright logos of Chanel in any form nor claimed to be in any association with the compamy.

Please kindly consider the reasons mentiond above and grant former website dismissal from the case.

Our sincere apologies to the Plantiff and associates for any inconvenience.
Thank you.
 
Last edited:
JustUs said:
This is my opinion, Chanel is abusing the legal process. The rule they are relying on for alternative service:


To use alternative service, you must have first attempted normal service and failed. I see no certificate of service prior to or after the sealing of the documents.

Aside from this, except under international agreement, a judgement to a foreign county has no validity, and a judgement from a foreign entity has no effect in the US per US trade law. Nothing more than seizing the domain can happen. Even that requires a court order submitted to ICANN.

The company is simply fishing for the domain owner because of private registration. To challenge this, of course, you would have to give the company what it wants, the domain owner. This in turn would give Chanel a name to sue.

Advise: Do not pay bills on the server and let it expire. Do not answer the law suit, consider the domain forfeit and start a new one.
Click to expand...

The website it taken down , in what ways could the possibly find the domain owner?
 
inkus said:
The website it taken down , in what ways could the[y] possibly find the domain owner?
Click to expand...

Pretty damned apparently they did so when your buddy emailed them.

Since you probably do not know what your buddy, which I suspect is you, did, it is called an admissions in court. That email admits to trademark infringement . The fact that there was a sales page shows intent.

First thing any attorney worth his salt tells you is to "Shut your yap." This advise is good for both civil and criminal litigation.

If your buddy were bound and determined to answer the complaint, he should have denied all alleged conduct, filed a bill of particulars, filed a motion to return the website pending litigation. But first, he should have contacted an attorney.
 
Last edited:
JustUs said:
Pretty damned apparently they did so when your buddy emailed them.

Since you probably do not know what your buddy, which I suspect is you, did, it is called an admissions in court. That email admits to trademark infringement . The fact that there was a sales page shows intent.

First thing any attorney worth his salt tells you is to "Shut your yap." This advise is good for both civil and criminal litigation.

If your buddy were bound and determined to answer the complaint, he should have denied all alleged conduct, filed a bill of particulars, filed a motion to return the website pending litigation. But first, he should have contacted an attorney.
Click to expand...

How exactly did he admit to trademark infringement in the email?
Can they track him through the email? And what would be the best course of action for now?
 
Yolo life too short to be worrying about this crap. Open another one this time learn from your mistakes.

use a vcc you buy from the BST section to pay for your hosting and domain.
 
Dont worry this happened awhile back with me and a G-shock website... Nothing came of it
 
If you are outside USA show your middle finger to them and start selling but if you are inside USA prepare your anus
 
inkus said:
How exactly did he admit to trademark infringement in the email?
Can they track him through the email? And what would be the best course of action for now?
Click to expand...

I really do lack the time to spend years teaching people the basics of what I had to learn on the way to a paralegal certification. You may contact Blackstone Career Institute (http://www.blackstonelaw.com/) if you have an interest. It was called Blackstone School of Law when I took courses.

Yes, email can be traced. Look in your headers sometime. From there, a subpoena to the carrier will reveal the information.
 
meathead1234 said:
a) never reply to a legal notice without consulting a lawyer
b) your friend admitted guilt (by being associated with the site) so is an idiot
c) your friend asked you for advice and you are now asking here, ergo you are also an idiot.
Click to expand...

Best reply ever!!! hahahah
 
If I was your "friend" .. I would delete everything, get a lawyer and let the lawyer make some offer to settle or whatever ... Once it goes legal best for you to say nothing.

also I would not be writing about it on the internet .. Just in case they find the thread.
 
Danny1111 said:
If I was your "friend" .. I would delete everything, get a lawyer and let the lawyer make some offer to settle or whatever ... Once it goes legal best for you to say nothing.

also I would not be writing about it on the internet .. Just in case they find the thread.
Click to expand...

It would be a waste of money to hire a lawyer for something like this. I wouldn't take them seriously, I was threatened by so many companies online, some big companies, for some bullshit you wouldn't believe(like they own a trademark for words I was using), but I always politely explained them that legally they can suck my di*k and they can go scare someone else. Some even appologized to me. lol
 
OnlineA said:
It would be a waste of money to hire a lawyer for something like this. I wouldn't take them seriously, I was threatened by so many companies online, some big companies, for some bullshit you wouldn't believe(like they own a trademark for words I was using), but I always politely explained them that legally they can suck my di*k and they can go scare someone else. Some even appologized to me. lol
Click to expand...

I think in this case that would be bad advice, OP's friend should get proper legal advice.

http://servingnotice.com/ctp5/
http://servingnotice.com/ctp5/001 - Complaint.pdf
 
Advertise on BHW
You must log in or register to reply here.
Sign up now!

Main Menu

Home Main Forum List Black Hat SEO White Hat SEO BHW Newbie Guide Blogging Black Hat Tools Social Media Downloads

Marketplace

Account Selling Content / Copywriting EBooks / Methods Hosting Misc Proxies For Sale SEO - Link building SEO - Packages Social Media Social Media - Panels Web Design More

Making Money

Affiliate Programs Hire a Freelancer IM Journeys Making Money Pay Per Click Site Flipping Want to Buy

BlackHat World

Dispute Resolution Forum Suggestions & Feedback Introductions Lounge
Back
Top