TWI wanted a lot more if you read their complaint. I fought 4 lawyers and their legal teams to only a minor concession of a domain name I didn't want anymore, and a new one I hadn't used yet. Total value of $27 versus TWI's $50, 000.00 in estimated costs. Your abs at work...
I don't get it. What exactly are the particulars of this settlement? Did you relinquish the disputed domain names to TWI? Did you end up paying them money, or did they pay you? What did you get out of all of this?
TWI wanted a lot more if you read their complaint.
No, they wanted the domain "thewayinternational.com."
quote:I fought 4 lawyers and their legal teams to only a minor concession of a domain name I didn't want anymore, and a new one I hadn't used yet.
In other words, it was exactly what I called it several months ago, "a piddling little dispute over a domain name."
In general, all TWI has demanded of you is that you not infringe on their trademarks. In this particular case, all they were seeking was the domain at issue. That's what they sought when they wrote you that letter last December. You could have settled the matter at any time between then and now, by simply doing what you finally agreed to do.
As Goey said, you made a wise choice. You would have been even wiser, IMO, if you had made the same choice several months ago.
Actually, Garth, nobody got spanked. What I suspect happened is that the Evaluator took a look at both sides and told Pat that he would be spanked if the case proceeded to trial, so Pat decided to do what TWI wanted him to do and TWI decided not to spank him.
I don't get it. What exactly are the particulars of this settlement? Did you relinquish the disputed domain names to TWI? Did you end up paying them money, or did they pay you? What did you get out of all of this?
===============================================
Amen, I have hoped and waited for simple terms with which to understand this since it's inception. Someone knows, but it sure ain't us huh? Maybe that's the point.
quote: In this particular case, all they were seeking was the domain at issue.
Not true. If TWI only wanted the domain name, they could have resolved the dispute with the domain name arbitration board for under $1000.00
TWI wanted injunctive relief (shut down the websites)against the two websites that they claimed infringed on their trademarks. The domain name issue was only a small part of the story.
quote:Evaluator took a look at both sides and told Pat that he would be spanked if the case proceeded to trial, so Pat decided to do what TWI wanted him to do and TWI decided not to spank him.
Actually, I think you have it the other way around. I was going to trial period if they didn't offer to settle.
Edited by pjroberge
I stood up to their threats and have gotten a great legal education. I also now know their litigation strategy and what will be effective in a future lawsuit to cancell their trademarks. I will make this information available free to any church TWI bothers in the future...
Also, the information about TWI I am putting up at www.twisucks.com will be indexed by the search engines and come up when someone does a search on TWI
I say that every cent twi has to pay in legal bills is a cent that they don't have to spend on propoganda, extravagant living for the *automatron* ( I just love that socks!), and spewing out their putrid doctrine.
Statistically speaking, above 90% of pro se cases in Federal Courts get tossed out of court in the first go-around...
Pat went the distance...
Even to the point that he was able to file a motion for summary judgement...
Which is usually the last trick a team of lawyers pull against a pro se litigant because most pro se litigants lack the skill to answer such a motion...
And twi had 4 lawyers wracking their brains against one pro se litigant...
A pro se litigant who not only stood them down, but turned their own game against them so well that they responded with a settlement offer...
Which, I'd like to remind everybody, was an offer twi made after seeing Pat's list of witnesses...
Hmmm....
Sounds to me like twi didn't want the courts to hear certain testimonies...
And so the settlement offer...
Spankie spankie on twi's butt!
Just remember, folks...
If all twi wanted was the domain names, they had other options besides costly court proceedings.
quote: TWI got the domain names they felt Pat was infringing upon
Actually, TWI misrepresented to the court that thewayinternational.com infringed on a TWI trademark for the way International and stated that it was identical to the domain name.
Unfortunatly, TWI "forgot" the real trademark says: "the prevailing word the way international new knoxville ohio ephesians". This is not the same.
TWI did not have a valid trademark for the way international until midway into the case.
Maybe you didn't bring them down finally and forever, but you sure did make it a whole lot easier for the next David.
Something I say a whole lot is "life is a relay race: no one person does it all".
You forced twi to admit to presenting falsities to the courts...falsities that can be presented from now on whenever twi tries to use them again...and they will try to use them again.
You have the information out in public for anybody to see and use from now on.
NO MORE BEHIND-THE-SCENES BACKROOM LEGAL TRICKS FOR TWI!!!!!!!!!
I see this differently now after looking at this as a step in a process. TWI is so used to having total control that someone fighting them is just what is needed.
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WhiteDove
So Pat what was the offer here looks like they just got what they wanted. An offer usualy has something in it for both sides.
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pjroberge
whitedove:
TWI wanted a lot more if you read their complaint. I fought 4 lawyers and their legal teams to only a minor concession of a domain name I didn't want anymore, and a new one I hadn't used yet. Total value of $27 versus TWI's $50, 000.00 in estimated costs. Your abs at work...
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Goey
You really spanked them Pat!
Actually, you did better than I expected you would.
Deciding not to go to trial and forgoing on trying to get TWI's trademarks canceled was a wise choice IMO.
Someone else can spank TWI another time.
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Cherished Child
I don't get it. What exactly are the particulars of this settlement? Did you relinquish the disputed domain names to TWI? Did you end up paying them money, or did they pay you? What did you get out of all of this?
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LG
In general, all TWI has demanded of you is that you not infringe on their trademarks. In this particular case, all they were seeking was the domain at issue. That's what they sought when they wrote you that letter last December. You could have settled the matter at any time between then and now, by simply doing what you finally agreed to do.
As Goey said, you made a wise choice. You would have been even wiser, IMO, if you had made the same choice several months ago.
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GarthP2000
ie., ... **spank**
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LG
Actually, Garth, nobody got spanked. What I suspect happened is that the Evaluator took a look at both sides and told Pat that he would be spanked if the case proceeded to trial, so Pat decided to do what TWI wanted him to do and TWI decided not to spank him.
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Shellon
I don't get it. What exactly are the particulars of this settlement? Did you relinquish the disputed domain names to TWI? Did you end up paying them money, or did they pay you? What did you get out of all of this?
===============================================
Amen, I have hoped and waited for simple terms with which to understand this since it's inception. Someone knows, but it sure ain't us huh? Maybe that's the point.
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Catcup
Let's see here.......
TWI got the domain names they felt Pat was infringing upon, and.........oh, yeah...
Pat didn't have to pay their legal costs.
That's it.
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JustThinking
I fail to see where Pat *won* anything here. What am I missing?
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pjroberge
TWI wanted injunctive relief (shut down the websites)against the two websites that they claimed infringed on their trademarks. The domain name issue was only a small part of the story.
Actually, I think you have it the other way around. I was going to trial period if they didn't offer to settle. Edited by pjrobergeLink to comment
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Steve!
Pat was being sued. He could have ended up paying lotsa money.
He ended up paying diddly squat.
TWIt ended up paying $50,000 in costs. What will that get them? precious little.
I'd say that Pat spanked. Way to go, PJ.
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pjroberge
Also, the information about TWI I am putting up at www.twisucks.com will be indexed by the search engines and come up when someone does a search on TWI
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Radar OReilly
Oh come on you guys! Lighten up on Pat!
I say that every cent twi has to pay in legal bills is a cent that they don't have to spend on propoganda, extravagant living for the *automatron* ( I just love that socks!), and spewing out their putrid doctrine.
Radar
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Belle
What Radar said!
:D-->
Way to go, Pat!
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CoolWaters
Hmmmm...
Spanked or not spanked...
I dunno...
Statistically speaking, above 90% of pro se cases in Federal Courts get tossed out of court in the first go-around...
Pat went the distance...
Even to the point that he was able to file a motion for summary judgement...
Which is usually the last trick a team of lawyers pull against a pro se litigant because most pro se litigants lack the skill to answer such a motion...
And twi had 4 lawyers wracking their brains against one pro se litigant...
A pro se litigant who not only stood them down, but turned their own game against them so well that they responded with a settlement offer...
Which, I'd like to remind everybody, was an offer twi made after seeing Pat's list of witnesses...
Hmmm....
Sounds to me like twi didn't want the courts to hear certain testimonies...
And so the settlement offer...
Spankie spankie on twi's butt!
Just remember, folks...
If all twi wanted was the domain names, they had other options besides costly court proceedings.
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pjroberge
Unfortunatly, TWI "forgot" the real trademark says: "the prevailing word the way international new knoxville ohio ephesians". This is not the same.
TWI did not have a valid trademark for the way international until midway into the case.
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CoolWaters
Pat,
I am proud of you!!!!!!!!!
In my book, you are David to twi's Goliath!!!!!!!
Maybe you didn't bring them down finally and forever, but you sure did make it a whole lot easier for the next David.
Something I say a whole lot is "life is a relay race: no one person does it all".
You forced twi to admit to presenting falsities to the courts...falsities that can be presented from now on whenever twi tries to use them again...and they will try to use them again.
You have the information out in public for anybody to see and use from now on.
NO MORE BEHIND-THE-SCENES BACKROOM LEGAL TRICKS FOR TWI!!!!!!!!!
Woo hoo!!!!!!!!
I didn't have the gonads to do this, Pat.
You did.
And you came out virtually unscathed.
I am proud of you!
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pjroberge
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JustThinking
Pat,
I see this differently now after looking at this as a step in a process. TWI is so used to having total control that someone fighting them is just what is needed.
You did well.
JT
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Shellon
Radar said: Oh come on you guys! Lighten up on Pat!
---------------------------------------------
Just trying to understand. Altho the more I think about it............
Well, never mind.
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waterbuffalo
Pat, you're the man !!!!!!!!!!!!!!!!!
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pjroberge
Shellon:
If you don't want to ask on the board, email me at pjroberge2@prowebtechs.comNo question is stupid and the issues were very complicated. I will do my best to answer them for you.
If you wish a brief (12 pages) outline of the issues the ene statements on www.twisucks.com are a good place to start.
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WordWolf
I'd say it approached a TIE.
With such a mismatch between opponents-
one man against a corporation with lawyers
and things-
that a TIE resulted is an UPSET.
It's about the same as a game between a Little
League Baseball team playing the NY Yankees
in a fair match (nobody holding back)
at Yankee Stadium (for charity, of course),
and the game being won by the Yankees-
after it went into OVERTIME and a
TENTH and ELEVENTH inning.
The next day, around every watercooler,
everyone would be raving about how good
that Little League team was,
even the Yankees diehard fans.
So, in English,
the big, buff organization was unable to crush the
one guy in its path.
After trying its best to do that.
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