Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spellwin, the EliteFitness.com Site & Our Members

[DBBT]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

As many of you know, our servers are located outside of the US. Digger is trying to set up a second presence in another data-center in another country. The goal is to prevent EF from going down if our ISP went bankrupt, experienced a natural disaster, had a catastrophic power failure etc. All these events are incredibly unlikely to happen, but you can never be too protected. Setting this up is very expensive and everyone would much rather we spend the company's money on a new second data center presence than on a lawsuit. Of course we have the money to fight Steroid.com and RoidStore.com, but I cannot think of a more stupid use of money... Unless it was the decision to sue us in the first place over a book we did not write so you could attempt to capture all of our ad space for your RoidStore.

everyone go lifetime plat... everyone now

 

[Wrongun]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

Wrongun!,

You always make great points - thank you for your support.

It appears that what Brian Clapp/RoidStore wants is tons of ad space for the Roid Store and cash as a distant second.

And unfortunately, it appears that all Anthony wants is to spend his boss Brian's money so he can claim he powned EF and me.

Good luck with mediation to all hope we see an end to it soon

Wrongun!

 

[eddymerckx]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

Especially federal IP cases, such as copyright. Been in business for 7 years now, and have spent a few of these in federal litigation protecting my intellectual property. This industry can be disgusting, actually, and not enough people/companies have the proper respect for others' IP rights.

I learned a long time ago what a federal suit entails. I wouldn't initiate one unless I was committed to seeing it through, which could be several years for even a simple case. You also need to be prepared to spend far more money protecting IP rights that you'd ever expect to recover. Courts VERY RARELY force the losing party to cover expenses of the victor, unfortunately.

Respectufully--I and i do mean it--I have 3 eds of your book--I disagree: if the IP right is registered fed there is a mandatory atty's fees provison in the Acts-moreover, it is a business decision--if you rely on a common law right to protect your property rights, you take the good with the bad--there is no common law right to atty's fees in the US. you may have some under state law, but those are usually preempted by the fed law (or limited to the net % of the case that was brought under state law e.g. unfair comp. laws).

 

[George Spellwin]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

Its PWNED. No O. Get yer' video game slang in order there George. Don't make me bring my X-Box over and show you a real PWNING!

There you go calling me out for trying to type younger than I am! You could bring it over on Friday, but I bet your wife would be upset if we play X-Box instead of taking her to dinner.

 

[Bill Llewellyn]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

Respectufully--I and i do mean it--I have 3 eds of your book--I disagree: if the IP right is registered fed there is a mandatory atty's fees provison in the Acts-moreover, it is a business decision--if you rely on a common law right to protect your property rights, you take the good with the bad--there is no common law right to atty's fees in the US. you may have some under state law, but those are usually preempted by the fed law (or limited to the net % of the case that was brought under state law e.g. unfair comp. laws).

I am no expert. I have been involved with 2 federal patent suits, 1 federal trademark suit, and 1 federal copyright infringement suit. From them I've learned a little bit about law, more about what is possible and what is actually likely to happen. In all cases I was advised I had a very strong position, and we were going to win. I was also advised in most cases that it would be highly unlikely the court would award attorney's fees, or we'd even collect anything from the other party.

A very good attorney once gave me some really good insight. In his whole career, he'd won a lot of great judgments for his clients. Mind you I picked the guy because he was a well known litigator. He told me in only a very small percentage of cases did the defendants actually write out a check and pay his client after they lost.

In short, even getting a judgement for fees is one thing. Actually getting some dipshit that rips people off for a living to give you the money he owes you is a whole other. "Good Luck Collecting" is a common phrase.

 

[Bill Llewellyn]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

There you go calling me out for trying to type younger than I am! You could bring it over on Friday, but I bet your wife would be upset if we play X-Box instead of taking her to dinner.

Definitely. She's not one to complain about a little gaming, but certainly will if it gets in the way of an awesome dinner!

 

[GUARDIAN]

eddie have any of your partners or you recouped attorney fees/expenses from such a suit?

 

[Bill Llewellyn]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

To get back to my original point, it is usually best to settle these things if you can. There usually isn't a pot of gold waiting for you at the end when you are suing some other middle-level business owner. Get a claim against Wallmart or something and it is a different story.

 

[bw1]

Re: Discuss EliteFitness.com News: How Anthony Roberts & Steroid.com Raped George Spe

I am no expert. I have been involved with 2 federal patent suits, 1 federal trademark suit, and 1 federal copyright infringement suit. From them I've learned a little bit about law, more about what is possible and what is actually likely to happen. In all cases I was advised I had a very strong position, and we were going to win. I was also advised in most cases that it would be highly unlikely the court would award attorney's fees, or we'd even collect anything from the other party.

A very good attorney once gave me some really good insight. In his whole career, he'd won a lot of great judgments for his clients. Mind you I picked the guy because he was a well known litigator. He told me in only a very small percentage of cases did the defendants actually write out a check and pay his client after they lost.

In short, even getting a judgement for fees is one thing. Actually getting some dipshit that rips people off for a living to give you the money he owes you is a whole other. "Good Luck Collecting" is a common phrase.

Well said...

 

[eddymerckx]

eddie have any of your partners or you recouped attorney fees/expenses from such a suit?

yes. i remember two offhand--federal trademark infringement suits. as far as collecting the fee--when the payment is made by the defendant and deposited into my trust account--i promise you the firm gets paid--however, as Bill noted that is assuming the defendant can pay and --the kicker is the total amount is taxable to the plaintiff--so if they win $100 and get $25 in atty fees, the plaintif is taxed as if the awared was $125.

in trademark suits, they key is if you don't sue to enforce your rights, you can lose your rights to the mark itself--som macdonalds is not being mean when it sues the hamburger stand up the street, it has to to defend its exclusive right to the mark. so even the infringer has no $$, you have to sue or risk losing the mark.

section 1117 of the lanham act:
(a) Profits; damages and costs; attorney fees
When a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125 (a) or (d) of this title, or a willful violation under section 1125 (c) of this title, shall have been established in any civil action arising under this chapter, the plaintiff shall be entitled, subject to the provisions of sections 1111 and 1114 of this title, and subject to the principles of equity, to recover
(1) defendant’s profits,
(2) any damages sustained by the plaintiff, and
(3) the costs of the action. The court shall assess such profits and damages or cause the same to be assessed under its direction. In assessing profits the plaintiff shall be required to prove defendant’s sales only; defendant must prove all elements of cost or deduction claimed.