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Ask HN: Got a letter from a lawyer about my (dead) startup

11 pointskoevet9 comments

Last year I started brainstorming a possible business idea in the fintech space with a friend. We came up with a name and set up a static page with a form. We never formed a company. Eventually, we decided that the idea wasn't good enough. Last month we killed the landing page.

Last week, we received a letter from a French legal firm, asking us to stop using the name because it is somehow similar to their client company's, which operates in a similar space. They also request that we "surrender" the domain names that we purchased to the company for free.

Since the landing page is no longer online and the business idea is buried, I don't worry too much. My question is: do they have any right to order us to give up the domain names?

It sounds like a bullshit move to me. They can have the domain names, but they have to pay for them.

Note that the landing page was targeted at the European market, with a focus on Italy and Germany.

Send them an offer to buy the domain for amount xx. Calculate xx with your actual cost plus a small fee for your shock to read this letter from their lawyer. Give them a clear, fast timeline how to get the needed domain. Tell them the domain was never active used. Make sure xx is low enough to not start a suit again you.

Get a lawyer, ask them, not randos on the internet ;)

I trolled someone in EU market so hard over something similar. I had a mobile app that had a similar name to their app, and they were annoyed that the only information about me was an instagram page for the app, as I filled in the website requirement on the app store with an instagram link.

In any case, for future reference, form an LLC now and pay the annual fees for it. All your ideas go under that from now on, all your domains, everything.

And yes also make friends with a lawyer. "Outside general counsel."

You'll level up all of this over time, but at least it won't sound like a strange goal post to meet when its necessary.

i had a non-french canadian company (i'm ameri-can) try to get my domain name twenty years ago.

they wanted to buy at some point, i asked for something they shit on -- maybe $10k? -- they said no, sued me thru icann, i won -- fuck them -- and twenty years later i let the domain expire, and they got it and now use it.

they could have paid what i wanted, or worked some kind of deal with me -- i'm often a reasonable person -- but once they got testy, it became unlikely that i was going to make a deal, and once they went to icann, it was never going to happen unless i got rich from selling it, or stop caring about it.

my first response to the french would be like, 'go fuck yourselves. i love french people and french culture and french fries and for saving us from the brits, but you particular guys are a bunch of assholes -- and your app sucks -- vive la france!'.

i'd prob try to ping an IP lawyer, then just hold onto it forever, or until they met my price, which would be some very significant sum, based on the company's revenues/worth.

i don't know domain/ip law, but "don't buy and use a domain that is used by some asshole french company" doesn't sound like law to me -- unless maybe it's a '.fr' --- then maybe.

i'd make them pay for fucking with me. 100%.

this is still gd America (if that's where you are), and we got some serious mf property rights (too many, imo). time to use/abuse them mf laws just like those french assholes abused the rules of decency. :-D

Technically you are squatting.

You have 3 options: 1. Give them the domain 2. Negotiate with them on the sale of the domain verbally. When they agree, then get it in writing. 3. Create a legitimate separate company that is in a different category (which no longer violates trademark)

I would first do a search and make sure they actually have a trademark and not a pending one.

Also - don’t ask for legal advice on HN. Consult a lawyer.

I’ve been on both sides. Once I gave away the domain and another the registrar itself released the domain.

Good luck!

If you must “do something” about it, the only sensible something is having your lawyer handle it.

Otherwise do nothing. For this was already your plan.

You have already met their first demand.

Eventually the domain registration will expire and the second demand for domain transfer will be moot.

Given there are established processes for obtaining infringing domains the letter writing lawyer’s client can pursue those if they are truly serious.

Basically either lawyer up now or ignore it and see if you need lawyer up later.

If your name (that you aren't actively using) actually infringes on a trademark of theirs, they probably can. Now they might prefer paying a bit to the hassle of forcing you, so you could ask, but overall trying to drag it out is probably just wasting your time and money. (For more definitive answer, ask a lawyer, but think about if spending the money on said lawyer is even worth it to you)

On the other hand, asking them for money while also not using the domain yourself may bolster their claim that you are "cybersquatting" on their trademark, so talk to a lawyer before doing that too.

This is not the right forum to ask about EU law

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