08-16-2015, 01:28 AM
(08-15-2015, 10:52 PM)SickBeast Wrote:(08-15-2015, 08:20 AM)RolloTheGreat Wrote:(08-15-2015, 08:08 AM)gstanford Wrote: Who said anything about me going over to BTR?!
Dave should lawyer up and take down BTR. It's a clear infringement on his site.
Is it? In what way? Because of the words "babel tech"? Did either of them trademark or have any type of ownership to those words? I'm no legal expert but I really don't see Dave and Mark suing each other. The partnership is broken and both of them have moved on. And why do you keep saying "Dave's site"? I mean, right now ABT clearly belongs to Dave but when apoppin was here it was a partnership AFAIK.
http://www.nolo.com/legal-encyclopedia/a...29032.html
Quote:If you choose a domain name that conflicts with any one of the millions of commercial names that already exist, you risk losing it.
Did AlienBabelTech already exist? Yes.
Does BabelTechReviews infringe upon it's trademark? Clearly.
Quote:•One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.
•In case of a legal conflict with a later user, the first commercial user of a trademark owns it.
•If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages.
I know an owner of a web name who got hundreds of thousands of dollars in court because another company used a name very close to his.
Dave needs to speak to a lawyer about a contingency fee (no pay for lawyer unless they win) about making Apoppin cease and desist with the BabelTech, pay damages, or buy the name.
Apoppin is lucky I'm not Dave, or he would already be on hook for a percentage of every dime BTR brings in. Apoppin clearly damaged this business both by withdrawing his part of this enterprise (which may be actionable itself depending on what Dave has in writing) and is obviously continuing to damage this site by operating as an imitation site.
Dave has considerable time and money here, he's supposed to just let Apoppin steal it?

