1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

What can I do in this situation?

Discussion in 'Domain Names & Parking' started by vyolent, Dec 18, 2012.

  1. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    Let me break it down. I decided to do business with a buddy of mine, we were good friends and I shared an idea with him, (I) bought the domain, all he did was create the logo I asked him to and create the site which didnt take long. Well since he always had an excuse to not work and what not (and we had no agreement on paper) I told him I could no longer work with him. I went and found a new partner, come to find out this guy went and got a .tv and supposedly LLC and Trademarked the name. What Can I do?
     
  2. politico

    politico Jr. VIP Jr. VIP Premium Member

    Joined:
    Aug 5, 2012
    Messages:
    228
    Likes Received:
    237
    Occupation:
    Agency SEO Director + Music Producer
    Location:
    Canada
    If he trademarked the name then you're probably out of luck for the name. Buy a new domain, put up the site and start again. Or keep on going until he starts f'in with you legally.
     
  3. GiorgioB

    GiorgioB Supreme Member

    Joined:
    Feb 28, 2012
    Messages:
    1,288
    Likes Received:
    1,318
    Occupation:
    Making money
    Location:
    Touching the Sky
    Argh, don't mix business and friends in the future. Its never a good idea, always awkward to kick your friend's ass or fire him or something. Try and see if that stuff is really trademarked, and if it is, then just change the name or whatever is protected.
     
  4. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    How can I even find out if it is trademarked?
     
  5. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    I don't care about the site, we are starting from scratch but I own the original domain name.
     
  6. sirgold

    sirgold Supreme Member

    Joined:
    Jun 25, 2010
    Messages:
    1,260
    Likes Received:
    645
    Occupation:
    Busy proving the Pareto principle right
    Location:
    A hot one
    It sucks ass but live, learn and move on I would suggest unless it's *that* million dollar idea that comes up once in a lifetime...
     
  7. dmdelectronics

    dmdelectronics Registered Member

    Joined:
    Feb 22, 2012
    Messages:
    59
    Likes Received:
    10
    It's hard to tell what advice to give without knowing what type of business you're in.
    If all he did was trademark the name then that's the least of your worries. That just means that you have to choose another name to do business under.
    Here's what you should do: ignore what that dirtball is doing and work your ass off, and beat him. The worst thing you can do is sit back and watch him be successful. It's YOUR idea, go own it.
     
  8. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    Well I was reading, it takes 6 months for something to get trademarked. It's basically a social site (party scene) I own the actual domain. he is currently using the abbreviations to my name with .tv at the end.
     
  9. dmdelectronics

    dmdelectronics Registered Member

    Joined:
    Feb 22, 2012
    Messages:
    59
    Likes Received:
    10
    Are you in the U.S.? I got a trademark in about a month, in my state. Is the name crucial to success for the business? I wouldn't think that a name should determine whether you crush him like the bug he is, or not- that is up to you.
     
  10. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    It's a trendy name and fits the site perfect.
     
  11. dmdelectronics

    dmdelectronics Registered Member

    Joined:
    Feb 22, 2012
    Messages:
    59
    Likes Received:
    10
    Well, you own the .com so what's stopping you from going with it?
     
  12. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    Let's say the site grew and I wanted to start selling clothing of the brand. I wouldn't be able to because of his trademark?
     
  13. uuhoever

    uuhoever Registered Member

    Joined:
    Sep 26, 2012
    Messages:
    88
    Likes Received:
    14
    Trademark is only infringed if there is confusion of product. He doesn't have a product so build yours faster.
     
    • Thanks Thanks x 1
  14. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    Thank you for the responses guy, I appreciate the help.
     
  15. dmdelectronics

    dmdelectronics Registered Member

    Joined:
    Feb 22, 2012
    Messages:
    59
    Likes Received:
    10
    Yep. Beat him and he's the one who's effed. The fact that you registered the domain name before he registered the trademark gives you a leg to stand on, if he decides to be a douche down the road.
     
  16. AceOfDreams

    AceOfDreams Junior Member

    Joined:
    Aug 21, 2012
    Messages:
    100
    Likes Received:
    10
    That was a douche bag move of him to do. Just work hard and beat him. So what if he trademarks the name. You can do better. There's nothing more annoying than having someone beat you at something you're trying to copy.
     
  17. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    He's building the site on some random wordpress theme and just throwing w/e he can together.
     
  18. uuhoever

    uuhoever Registered Member

    Joined:
    Sep 26, 2012
    Messages:
    88
    Likes Received:
    14
    Build the site. Let the trademark legal battle for later. Very many ppl say they will sue but when u pay a lawyer $200/hour not many ppl will put their money where their mouth is.
     
  19. vyolent

    vyolent Newbie

    Joined:
    Dec 19, 2011
    Messages:
    21
    Likes Received:
    1
    That is true, I have screenshots of the site on MY domain, along with proof I bought the domain and talked about the idea MONTHS before he randomly went and did this.
     
  20. WizGizmo

    WizGizmo Super Moderator Staff Member Premium Member

    Joined:
    Mar 28, 2008
    Messages:
    3,833
    Likes Received:
    55,431
    For lack of a better place to put this, I have moved this thread from the
    "Copywriting & Sales Persuasion" section to the "Domain Names & Parking"
    section.

    People often are not aware of the difference between the
    terms COPYRIGHTING and COPYWRITING.

    Copyrighting has to do with the legal protection of intellectual property.

    Copywriting is the art and science of creating compelling text,
    designed to psychologically convince a customer to buy whatever
    it is that you are selling.

    Just thought you should know . . . :)

    Cheers! - "Wiz"
     
    • Thanks Thanks x 1