What Should I do? TM/DEFAMATION/LIBEL CYBER HARASSMENT

[n8nina]

The state of the offender is NV.

So someone online has started a website with my pending TM in the URL calling me a scam after I posted about a possible shill review site that his company created on my consumer review blog with good reputation, I've been interviewed and mentioned by many mainstream media outlets, TV, Press, etc.

He's spreading tons of lies about me, has an image of a cartoon of me, bloody on a dartboard.

I'd like to sue him as he's infringing on my TM, damaging my good name and reputation of my brand/ site and my full name.

Not sure if anyone in LV, NV would do this on contingency basis or how much it would cost. I might just find out how to file suit against him pro se.

 

[n8nina]

Also this guy says the lies he's saying are PROVEN so it's not like it's his opinion!

 

[AlmostALawyer]

What are the damages? How would you calculate the damages?

If you want to know more about defamation, see: Defamation, Libel and Slander Law

Typically, suits like this will not be done on contingency because they are difficult cases to win. If you believe you have a case, give some attorneys a call. The fee arrangement can sometimes be negotiated depending on the strength of your case.

Good Luck

 

[n8nina]

What are the damages? How would you calculate the damages?

If you want to know more about defamation, see: Defamation, Libel and Slander Law

Typically, suits like this will not be done on contingency because they are difficult cases to win. If you believe you have a case, give some attorneys a call. The fee arrangement can sometimes be negotiated depending on the strength of your case.

Good Luck

Thanks I don't know damages. Arent' there damages just for libelling someone? Using their pending with the USPTO TM for the URL? + "scam"

i.e. he says I don't pay taxes, says my site is a monopoly says I get salary from sites (watchdog blogforum) in my niche, says I use blackhat seo and spyware popup campaigns, says im the biggest scam on the internet and more, says its PROVEN. Isn't harassment enough to sue for? He's on page 2 of google with my TM already

 

[n8nina]

What if I sued just on principle, pro se? get an injunction, press charges? hm

 

[n8nina]

He also posts my full name, age, location and calls me a sad, lonely low-life.

 

[AlmostALawyer]

Courts frown on suing people just out of principle. You need to make sure you have a cause of action first. Talk to an attorney if you feel so passionately about suing or enjoining this individual. Just beware that it will cost you attorneys fees.

Look into business disparagement as a cause of action. Perhaps, that could work. Bottom line, you need a lawyer. "A person who represents himself has a fool as a client."

 

[n8nina]

Where is the justice then if one is able to maliciously libel/defame someone & get away with it just because i do not have the money for representation?

 

[n8nina]

So there are no $ damages really for harassment/defamation of character?

 

[AlmostALawyer]

Where is the justice then if one is able to maliciously libel/defame someone & get away with it just because i do not have the money for representation?

There is your first mistake. The civil side of our court system isn't as concerned with justice.

This stuff happens all the time. See if you can find a free clinic or a legal aid organization that will help you in your case. Maybe you could get a lawyer to write a threatening letter to the jerk for a low rate. Maybe the lawyer would place a phone call on your behalf. The options are endless. I advise that you contact a lawyer.

 

[n8nina]

There is your first mistake. The civil side of our court system isn't as concerned with justice.

This stuff happens all the time. See if you can find a free clinic or a legal aid organization that will help you in your case. Maybe you could get a lawyer to write a threatening letter to the jerk for a low rate. Maybe the lawyer would place a phone call on your behalf. The options are endless. I advise that you contact a lawyer.

Yes, I'll do that.
Isn't concerned with justice? wow

 

[AlmostALawyer]

Yes, I'll do that.
Isn't concerned with justice? wow

Perhaps, I should clarify that the statement regarding the civil side of our court system being less concerned with justice was sarcasm. The reason I say this is because in civil suits people without sufficient income do not have a right to free representation like in our criminal system.