Tuesday, March 12, 2013
Never, ever, quit...
We rec'd notice today that the Judge (Federal) in our case against ServiceMagic was dismissed for an inadequate complaint: "...failure to properly state a claim..."
What does that mean?
That means we tighten up the complaint and file again, and then we start all over again.
But we do not quit.
We do not tap out.
This isn't the venue for arguing our case. The gist of it is that we owned XYZPDQ.com and we used it for business. Our customers knew who we were, where we were, and how to reach us through XYZPDQ.com. We had established "secondary meaning" in our "service mark", which makes it off-limits for others to infringe.
Then the Bad People bought XYZ-PDQ.com. They added a hyphen and our business was badly affected as a result. They did this across 9 different domains. Nine.
Now, that's just not right, is it? Nope, we don't think so, either.
Now, fighting in Federal Court isn't as easy as throwing an elbow at a nose - but the premise is the same. We have to do certain things at certain times, in a certain manner in order to ever get to the place where we get to tell our story to a jury. The judge today said we have to start the process over.
So, we will do just that. We have the rest of our lives to spend on this issue. We have the long game.
What is the bigger message, and how does it tie into this blog?
Never, ever, quit.
You quit, you die.
You may die anyway, but do not die as a quitter.
Posted by K at 6:45 PM