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

[GUARDIAN]

good thing i havent said or writtne anything smart enuf yet that warrants protecting my rights.

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.

 

[eddymerckx]

good thing i havent said or writtne anything smart enuf yet that warrants protecting my rights.

me neither--
the important thing is to make sure you write or create somthing that warrantes infringement by the like of someone with more resources that AR---a judgment against him is hate to say it, but not worth the paper it is written on

 

[Wrongun]

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.

EXACTLY and so glad people are starting to see sense. When you get the emotion out of the way you really have got to take the commercial view. If you don't then quite easily through stubbornness it could be the end of Elitefitness and or Steroid.com

Glad all are seeing sense and hope it can be resolved. If not it has to go to court but even if you win it can just be a pride thing as there is as Bill says no pot og gold at the end of this one

Wrongun!

 

[nzrodney]

me neither--
the important thing is to make sure you write or create somthing that warrantes infringement by the like of someone with more resources that AR---a judgment against him is hate to say it, but not worth the paper it is written on

So then, why would you bother settling out of court with him. Then its a win win situation. If you dont settle, he has to sue you and prove your guilt. This is something that will cost him a lot of money & he knows he is not certain to win. It seems to me he just thinks this is an easy way to make a quick buck. If Ef sues him on principle, as you say eddym, there is still no gaurantee of getting any money out of him. Where is the justice in that?

 

[George Spellwin]

So then, why would you bother settling out of court with him. Then its a win win situation. If you dont settle, he has to sue you and prove your guilt. This is something that will cost him a lot of money & he knows he is not certain to win. It seems to me he just thinks this is an easy way to make a quick buck. If Ef sues him on principle, as you say eddym, there is still no gaurantee of getting any money out of him. Where is the justice in that?

I'm afraid there is no justice. The real winners are the lawyers unfortunately.

 

[Wrongun]

Litigation and justice are NOT the same thing. The only ones sure to win every time are the lawyers

Wrongun!

 

[silver_shadow]

and here it is http://www.elitefitness.com/forum/steroids-discussion-forum/importance-steroids-543086.html

 

[blackthunder]

and here it is http://www.elitefitness.com/forum/steroids-discussion-forum/importance-steroids-543086.html

That was a great thread!!

The funniest part was the “Conspiracy” that the only people bashing Connors were new members sent by a former sponsor to cause problems!!!!

 

[str8nubin]

and here it is http://www.elitefitness.com/forum/steroids-discussion-forum/importance-steroids-543086.html

So why isnt that thread in the best of elite fitness

 

[str8nubin]

It was a good thread by Nelson too =)