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hi i have a problem with a company threatening to sue me. The company is XXXXX XXXXX XXX and they are the ones in my mind that are at fault and are causing me serious grief. I am a sole trader and work self employed as an AV tech. I had a company that sold xxxxx xxxxx and lighting which i closed down last december for not making enough money for the work load. however i thought that i could make a bit on the side by running the lamps business along with the av work so i decided to buy a domain name. i didnt do any research into what i wanted because i just thought that the biggest most popular search term for xxxxx xxxxx would be "xxxxx xxxxx". So i bought the domain off Crazy Domains xxx.xxxxxxxxxx.xx.xx. I run the site through a company called www.freewebstore.org which build and host the website for me for around £11 a month and i would make maybe 1 or 2 sales a day which i always sent out the good on time and kept in constant contact with customers if i was out of stock. (stock which i keep at home). A few months later i received a dispute from nominet from a company called "XXXXX XXXXX XXX". Obviously they was angry with the fact we had similar names but after i emailed my accountant who pass on my problem to a law consultant who explained that as i am only a sole trader i wasnt doing anything wrong, i thought i wouldnt panic. The nominet spokesmen told me that they want my domain name and i said i would sell it them if they wanted and asked them to make me an offer which they didnt. I was told by the nominet spokesmen that if i lossed the case i would receive any fines or expenses so i decided around that point that i would see it through so that i could at least keep the domain untill i am in a position to change it in the future. The won the case from untrue comments. nothing in the nominet report had facts and they admitted to that but i think they went there way because they were barking louder. The main aspect why they went with them is because they THINK that i must have known they existed before i bought the domain. Even if that was true which it isnt, why would a domain name be available to by if you could be sued for having it later. Since they won that domain name things have seriously gotten out of hand. The first thing they did was to email my web host "free webstore.org" and tell them to take down anything that said "xxxxx xxxxx xx". For some reason even though there in breach of contract they did this and took all my logos, pictures etc off my site. Id like to point out at this point that they only won the writes to take my domain name not my business/trading name. Next (and im still unsure why or how) but they have taken my email address [email protected]
they are now threating to sue me for loss of earnings and damage to reputation as well as a £900 nominet fee. i would like to know if i am likely to win or if i am in a position to sue them for at least damaging my rep as well as taking all confidential information from taking my email
no it was a case with nominet. not in a court.
i have a witness. one of the people he rang had the decency to contact me and tell me what he was saying.
Hi, Thank you. Firstly you will have accept that if this company began trading before you, you will have to stop using the name XXXXX XXXXX. Secondly you potentially have a claim for defamation. To the extent that this has halted your business direct as a result of the defamatory and untrue information you may be able to sue them for damages. How much has this cost? Can you quantify the losses? Kind regards AJ