Need Some Help About Trademark Issue

9 replies
  • OFF TOPIC
  • |
Hi guys,

Been some time since I last asked something here.

Anyway, I am having some issues with trademark where some people are using my name Desmond Ong to do stuff that I'm not happy with (and clearly violate trademark laws) and also have been framing me with negative statements that aren't true.

For example, I recently sold a bunch of websites to a buyer and the buyer wanted the refund without returning the websites to me. Of course, obviously I wouldn't refund because those sites could easily make big money for me UNLESS I get my sites back.

This buyer became unhappy and claimed to sue me. (Before that, he go to PayPal and Flippa -- trying to get his money back and after PayPal and Flippa's investigations, they sided with me)

I called up my lawyer and told him about this and he told me that I wouldn't be sued because I did nothing wrong. He told me not to worry and to move on with my life.

Now, this buyer then started a website about me, saying how I cheated his money -- which is definitely untrue.

And because I am new to the legal side of the business. I have no idea what to do. Should I sue this guy?

Or should I just contact the web host of this website and ask it to bring it down?

Any advice would be appreciated.

-Desmond
  • Profile picture of the author seasoned
    ANYONE, EVEN a lawyer, that says they ***KNOW*** the legal side is a LIAR! If I were you, I would contact a lawyer that handles defamation cases, AND demand that the domain names and domains, be transferred to you.

    But NOTHING is certain. This happens with companies FAR bigger than anyone here could ever hope to be. Anyone that tells you different is just a LIAR! Lawyers can only hope to build a decent case, and get a good judge with a domestic plaintiff that doesn't have such luck.

    BTW I am certainly NO lawyer. Lawyers have STUPID ways of thinking, so maybe it is best to contact them BEFORE you do anything else.

    I once was in a battle and the OTHER lawyer said that if I wasn't paid on the SECOND of being owed CONSISTANTLY, I didn't have a case! THEIR reasoning? EARLY payment would indicate I was preferred, and I should LOSE! LATE payment should have been a clue they were in trouble, and I had no expectation to be paid, and I should LOSE! Then again, the whole concept, though I heard of it ONCE on the news, and it IS in the bankruptcy law, is MORONIC! Many people couldn't believe it when I told them I was being sued for money they paid me because they owed me! Anyway, just an example of how they think.

    Steve
    {{ DiscussionBoard.errors[2151769].message }}
  • Profile picture of the author HeySal
    Jesus, Steve - I want what you are smokin'.

    Desmond - you probably would do best talking to a lawyer about this.
    Is this someone who will be difficult to sue because of their location?
    What will be the cost?
    Is this person actually going to be able to pay a lawsuit? IF they tried that hard to get out of paying you are they thieving scum or just flat broke?

    Talk to a lawyer - weigh your options. It's the only REAL way to determine what you want your course of action to be.
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[2152484].message }}
  • Profile picture of the author HeySal
    I just had another Idea, Desmond --- USE it.

    Build a Desmond strikes back site -- State that even when paypal and Flippa agree with you some people just don't "get it".............SO....

    And then have a tangent about your products, how dedicated you are - and give a sale or a free product to let them decide if you suck or not........

    Then get your pals together and do some fast serious SEO and go for Google one.........and let the little jerk fry in his own fire.
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[2152502].message }}
  • Profile picture of the author seasoned
    Gee Heysal, no reason to insult. 8-( I said essentially what you said about the law. I like your OTHER idea, and it certainly has merit, but you have to tread carefully, etc...

    Steve
    {{ DiscussionBoard.errors[2152534].message }}
    • Profile picture of the author Kay King
      How is this a trademark issue? Did you register your name and apply for a trademark? If not, you have no trademark. Copyright doesn't apply to names either.

      There might be other things you can do - but you need to ask an attorney if there's a way to get the site taken down.

      There's free speech - and there's slander - and it may depend on the law where you live. Only a lawyer can tell you.

      kay
      Signature
      Saving one dog will not change the world - but the world will change forever for that one dog.


      {{ DiscussionBoard.errors[2152570].message }}
  • Profile picture of the author dotcomdude
    Originally Posted by Desmond Ong View Post

    I recently sold a bunch of websites to a buyer and the buyer wanted the refund without returning the websites to me. Of course, obviously I wouldn't refund because those sites could easily make big money for me UNLESS I get my sites back.
    Don't just get half the story - read the full story here - See How I Lost $9,500 To Desmond Ong

    He knows that I asked him to refund the money and I would give him the sites back. They were virtually worthless anyway as he NEVER actually handed over the real valuable bits that were necessary for the sites to make any money. He did keep using these assets for his own financial gain - and still does today.

    Originally Posted by Desmond Ong View Post

    Before that, he go to PayPal and Flippa -- trying to get his money back and after PayPal and Flippa's investigations, they sided with me)
    Short memory syndrome - PayPal didn't side with you - they just said that they will never refund a transaction for a virtual product.

    Flippa didn't take any money from me - so they were never going to give any back.

    Originally Posted by Desmond Ong View Post

    Should I sue this guy?
    -Desmond
    Yes Des - I said I'd happily see you in any court setting. Start it off for trademark infringement - makes it easier for me to counterclaim then.


    Andy
    {{ DiscussionBoard.errors[2199458].message }}
  • Profile picture of the author seasoned
    Originally Posted by Desmond Ong View Post

    Hi guys,

    Been some time since I last asked something here.

    Anyway, I am having some issues with trademark where some people are using my name Desmond Ong to do stuff that I'm not happy with (and clearly violate trademark laws) and also have been framing me with negative statements that aren't true.

    For example, I recently sold a bunch of websites to a buyer and the buyer wanted the refund without returning the websites to me. Of course, obviously I wouldn't refund because those sites could easily make big money for me UNLESS I get my sites back.

    This buyer became unhappy and claimed to sue me. (Before that, he go to PayPal and Flippa -- trying to get his money back and after PayPal and Flippa's investigations, they sided with me)

    I called up my lawyer and told him about this and he told me that I wouldn't be sued because I did nothing wrong. He told me not to worry and to move on with my life.

    Now, this buyer then started a website about me, saying how I cheated his money -- which is definitely untrue.

    And because I am new to the legal side of the business. I have no idea what to do. Should I sue this guy?

    Or should I just contact the web host of this website and ask it to bring it down?

    Any advice would be appreciated.

    -Desmond
    Desmond,

    If what dotcomdude says happened happened, you probably DON'T have a case! And YEAH, paypal doesn't always refund. THAT, in itself, is NO evidence unless you have evidence that you provided the stuff, etc.... AND, if the judge doesn't find it to have a reasonable value, they may EVEN THEN judge against you. ALSO, sending the ads to the list is damning to your case.

    And there should be a hand off. If you didn't tell the buyer about programs and lists on the server, they may not ever use them, etc....

    And dotcomdude may STILL pursue this with paypal or his bank. If he does, paypal may come after YOU! NORMALLY I would just tell dotcomdude to dispute the charge, which normally would cause YOU to lose what was paid AND other charges/credit. Enough times, and it could shut your business DOWN! I don't state that so clearly here SIMPLY because paypal might get upset and hurt HIS account. Still, if he calls paypal, he DOES have some control, and they MIGHT listen!

    Steve
    {{ DiscussionBoard.errors[2199645].message }}
    • Profile picture of the author dotcomdude
      Originally Posted by seasoned View Post


      If what dotcomdude says happened happened, you probably DON'T have a case! And YEAH, paypal doesn't always refund. THAT, in itself, is NO evidence unless you have evidence that you provided the stuff, etc.... AND, if the judge doesn't find it to have a reasonable value, they may EVEN THEN judge against you. ALSO, sending the ads to the list is damning to your case.
      Well there is some news to report. I went to my local court, and they had to consider whether they had jurisdiction to rule in this matter. Then they had to give Desmond time to pay. They have now made an order against him - which you can see for yourself on the See How I Lost $9,500 To Desmond Ong website.

      If he doesn't pay within the time given (I think it's 28 days) I can then start looking for assets (such as websites, domain names, paypal accounts, email lists, digital products etc) and ask the court to sieze them.

      Anyone who has information about products he is promoting or website and email addresses he is using please PM me. I'm very happy to send a financial reward to anyone that helps me if I recover my money.
      {{ DiscussionBoard.errors[2260092].message }}
      • Profile picture of the author Kay King
        Thanks for reporting back with results. There are always two sides to a story and often here we get only one.
        Signature
        Saving one dog will not change the world - but the world will change forever for that one dog.


        {{ DiscussionBoard.errors[2260172].message }}

Trending Topics