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UDRP defense: a win for daedousa.com

Published April 11, 2013 | By Bret

I recently was hired to represent the Respondent in a UDRP filed at WIPO over the domain name daedousa.com. I argued that the complaint should be denied, and was successful.

This was a pretty complex contractual dispute between two commercial parties, and the Complainant opted to try to use the UDRP to obtain transfer of a domain name that was originally registered in good faith. That was fatal to the complaint, of course. I can’t tell you how many UDRP inquiries from possible complainants I get—it’s a lot, that’s for sure—that involve very similar circumstances. If you’re trying to obtain a domain name and want to try to do it through the UDRP process, give me a call, first… Continue reading →

Posted in UDRP | Tagged , , ,

Sovereign immunity and ante litem notice

Published January 11, 2013 | By Bret

In Georgia, the doctrine of sovereign immunity ordinarily prevents an individual from pursuing a tort claim against the State, see, e.g., Musgrove v. Ga. Ry. & Banking Co., 204 Ga. 139 (1948), although the Georgia Constitution provides that immunity of political subdivisions of the state, such as counties, municipalities, and school districts, may be waived by the Georgia Legislature. See Ga. Const. Art. IX, § II, ¶ IX. The immunity may also be waived (preemptively) in certain circumstances, most notably those involving motor vehicle collisions. That’s because certain state laws require the purchase of insurance for motor vehicle collisions, as a matter of public policy. See, e.g., O.C.G.A. §§ 20-2-1090, 20-2-1092 (for school buses). It’s also been waived with respect… Continue reading →

Posted in Personal Injury | Tagged , , , ,

Legal considerations for personal injury suits by children

Published December 20, 2012 | By Bret

Children under the age of 18 cannot sue on their own behalf for personal injuries, so they have to be represented by a parent or guardian in the lawsuit. This is usually structured as “Parent, as next friend of Child” or “on behalf of Child.”

What if the parent’s negligence is the cause of injury to the child? There’s an old common law doctrine called interspousal tort immunity, codified in Georgia at O.C.G.A. § 19-3-8, which holds that one spouse may not sue the other. The purpose is to promote harmony of the family unit, and avoid fraud, among other things. This is also extended to suits by unemancipated minors against their parents. See Donegan v. Davis, 310 Ga.… Continue reading →

Posted in Personal Injury | Tagged , ,

Excess judgments in personal injury matters

Published December 19, 2012 | By Bret

Everybody knows that “state minimum coverage” automobile insurance is $25,000, right? And everybody knows someone who’s been injured in an auto accident, ended up in the hospital for a week with serious injuries, and who ended up with medical bills well in excess of $25,000. So what happens next?

Legally, the insurance company for the at-fault driver is only liable up to the policy limit. If your attorney makes a time-limited demand for the policy limits, the insurance company must either accept or reject the demand (and remember, a counter-offer, of any kind, is a rejection!). The legal community calls these “Holt Demands,” since they’re based on a case by that name, but there’s no magic to them, really,… Continue reading →

Posted in Personal Injury | Tagged , , ,

Legal malpractice claims on personal injury matters

Published December 18, 2012 | By Bret

Professional liability claims, or legal malpractice matters, are often called “two cases in one,” or “the case within a case,” because there’s (usually) an underlying legal matter in which a lawyer did something that they weren’t supposed to do, or didn’t do something that they were. One of the most common scenarios for a legal malpractice claim to arise is in a personal injury context, where the lawyer failed to file suit before the statute of limitation expired.

In Georgia, the statute of limitation for personal injury matters is 2 years, generally speaking. See O.C.G.A. § 9-3-33. Other matters, for example, breach of contract, may have longer statutes of limitation, such as 4 years for an oral contract, or 6 years… Continue reading →

Posted in Legal Malpractice | Tagged ,

Blue Mountain Coffee, Inc v. blue-mountain-coffee.com

Published May 23, 2012 | By Bret

Yesterday, I won a UDRP matter for my client, the owner of blue-mountain-coffee.com. Here’s a link to the decision at the National Arbitration Forum. My client was quite pleased to retain ownership of the domain, with its obvious geographic and generic connotations. I attacked the complaint on all three prongs of the UDRP, of course, but the Panel was most convinced by the argument under the first prong. Here’s what the panelist said:

Complainant claims that it is a licensee of the Coffee Industry Board, which granted Complainant permission to use the JAMAICA BLUE MOUNTAIN mark.  The Panel finds no reason to doubt that Complainant has the right to import, market and sell products marked with the Coffee Marks Limited… Continue reading →

Posted in UDRP | Tagged , , , , ,

Legal malpractice claims

Published October 31, 2011 | By Bret

Because medicine is such a large and complex field, and many things rely on an individual doctor’s judgment and experience, medical malpractice sometimes occurs, and, sadly, may leave people grievously injured or even dead.

The legal field is no different (although it usually doesn’t end up with someone dead). If you believe that you case has been mishandled by your attorney, you need to have a fresh set of eyes take a look at it to examine how the problems might be corrected, or, in a worst-case scenario, how you might be able to take legal action against your former attorney for malpractice.

Posted in Legal Malpractice

Personal Injury

Published October 31, 2011 | By Bret

Personal injuries can come in many different forms: broken bones, the pain and humiliation of discrimination or invasion of privacy, or financial transactions gone terribly wrong. If something bad has happened, you need to understand what your legal rights are so that you can take action if appropriate.

Posted in Personal Injury

Last day to apply for .xxx Sunrise registrations

Published October 31, 2011 | By Bret

Today is the (extended) last day to apply for .xxx Sunrise registrations, to prevent other parties from later registering a domain name with your trademark in it. More information here. I don’t think it’s been definitively decided whether the UDRP will apply to .xxx domains or whether the URS (“rapid suspension”) system will be in place; but that’s a minor detail when you can go ahead and protect your brand right now. (Also, if anyone has any definitive answers on that, let me know and I’ll update here.)

Update: UDRP does apply and URS doesn’t. Thanks to Kevin Murphy (@DomainIncite) for reminding me!

Posted in Announcements, UDRP | Tagged , ,

Congratulations to Next Generation Focus, Inc.

Published October 31, 2011 | By Bret

Just wanted to give a brief congratulations to my client, Next Generation Focus, Inc. (one of my pro bono clients through the Pro Bono Partnership of Atlanta). The registration for their SmarterMe program of academic enrichment for children was approved (Reg. No. 4044965). They’re a great organization, doing great things in the Atlanta metro area, and I’m happy that I was able to be a part of their operation, even if in just a small way on this trademark registration.

 

Posted in Announcements, Trademarks | Tagged , , ,