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Re:Ask HN: Own .com for 7 years, a new company trademarked m... by Someone1234 on Saturday December 11, 2021 @11:40AM (#29522151)
While this is definitely a bunch a hot air, unfortunately they could frivolous sue you to simply win on financial grounds alone (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs).

I'd evaluate what your endgame is. If your endgame is to keep the domain then I'd get a lawyer in order to make it clear that you will respond to legal challenges (and, yes, the bill is going to run up). If you were willing to sell, for a price, then you should try to figure out how much a legal challenge would cost them and set a price a bit higher than that.

Is it fair? Absolutely not, but the US legal system is set up so that those with the deepest pockets often win. It isn't a fair fight for normal citizens, and even having the law on your side is often not enough because it is a financial battle more than a legal one.

Either way may be wise to lawyer up today, either for a better selling price, cause them to back off entirely, or move it into the "bury you with costs" phase of bullying.

Re:Ask HN: Own .com for 7 years, a new company trademarked m... by ericb on Saturday December 11, 2021 @12:01PM (#29522348)
Not a lawyer, but...

If OP has first use in commerce that predates theirs they could start, or threaten to start, the paperwork to have the trademark tossed. If they see you are asking questions that aren't a response to bullying, but that would precede a legal an attack their trademark directly, they might find themselves on a different footing.

Regardless, the possibility, I would think puts you in a better negotiating position if you're looking for an offer, or just want to make them go away.

Seeing a lawyer is likely the way to go. Also, I notice you use the term "solicitor" which makes me think any US law-based answers are less likely to be grounded in reality for you, so add more than your usual pinch of salt to anything you see here, including what I wrote!

Re:Ask HN: Own .com for 7 years, a new company trademarked m... by Shamu on Saturday December 11, 2021 @11:54AM (#29522280)
> (in particular they could sue you in a location where the cost of travel would be expensive and if you ignored it they get a default judgement, or sue you in both state & federal courts for slightly different things and drown you in legal costs)

"This past June, the U.S. Supreme Court ruled that plaintiffs cannot sue companies in a state where they may do business, but do not have significant connections to that state."

Bristol-Myers Squibb Co. v. Superior Court of California (BMS)

https://www.andruswagstaff.com/blog/supreme-court-rules-plai...

Re:Ask HN: Own .com for 7 years, a new company trademarked m... by throwawayHN378 on Saturday December 11, 2021 @12:00PM (#29522332)
If I’m not mistaken the lawsuit can be filed but you can win a challenge to jurisdiction. But in order to challenge jurisdiction you need to hire a bar certified attorney in that jurisdiction… thus defeating the point
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by voakbasda on Saturday December 11, 2021 @12:26PM (#29522577)
Conclusion: only the lawyers ever win.
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by emteycz on Saturday December 11, 2021 @01:56PM (#29523284)
Huh, you can't defend yourself?
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by wyldfire on Saturday December 11, 2021 @02:19PM (#29523449)
Yes, you can. But then you'd need to appear...

obtw there's serious risk of trying to defend a suit yourself. Maybe the judge would take pity on you and grant a continuance for you to find counsel.

Re:Ask HN: Own .com for 7 years, a new company trademarked m... by gambiting on Saturday December 11, 2021 @02:33PM (#29523543)
So what would happen if an American company that owns the .net domain sued me, a Polish citizen, who owns a .com domain, for that domain? My contract for the domain is with a Polish provider, surely it would have to go through a Polish court, no?
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by ev1 on Saturday December 11, 2021 @11:38PM (#29527194)
I'm under the impression that all .com is US jurisdiction, considering that they trivially seize them and VeriSign/the owner of the .com registry is a US company
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by yumraj on Saturday December 11, 2021 @03:30PM (#29524001)
OP used the word "Solicitor" so am assuming they are not in the US.
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by DonHopkins on Saturday December 11, 2021 @06:31PM (#29525333)
Or he could be a boy scout.

"Don't solicit for your sister, that's not nice. Unless you get a good percentage of her price." -Tom Lehrer, Be Prepared

https://www.youtube.com/watch?v=gkrheaWuShU

Re:Ask HN: Own .com for 7 years, a new company trademarked m... by azth on Saturday December 11, 2021 @08:07PM (#29526053)
He could transfer the domain to a friend who is not in the US, and then they'd have nothing to stand on :)
Re:Ask HN: Own .com for 7 years, a new company trademarked m... by Trias11 on Sunday December 12, 2021 @03:15AM (#29527970)
Looks like it's the opposite. They'll sue in jurisdiction where the other guy have to appear in court.

If not - they'll auto-win and Verisign will happily transfer the domain to crooks.