Help HN: How do I stop my start-up from being bullied?

[yestoapps]

After 6 months, I launched a startup called Freelancer.fm, which is a freelance aggregator platform, syndicating projects from the top freelancing sites and filtering data based on advanced searches.

After going live, the site built quick momentum. With that came both pros and cons. The CEO of Freelancer.com, Matt Barrie, called me directly and threatened to sue me for breach of trademark infringement if I didn't change my name. Furthermore, he removed the feed from our site, resulting in less projects being posted on the platform. Asshole.

When I first started working on this project, I was under the assumption that dictionary words cannot be trademarked in the industry they serve a purpose for. I then transferred all the files to the new and worse name, Searchfreelancejobs.com. It's pretty lengthy, however the name Freelancer.fm was a gem, and we had all our users trusting the brand.

What do you guys think I should do? Lose users and let them know we had a name transition? Get a trademark attorney to fight the case with Freelancer.fm? Any advice is welcome. I'm sure I'm not the first and certainly not the last.

[dangrossman]

Their CEO is not the asshole in this situation; your assumption about dictionary words is not correct. You're using their brand, their logo, and their listings; to call you instead of suing you immediately was a kindness.

[haven]

May be more bluster than kindness, whether they realize it or not:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4806:155yzh...

You can probably point an IP lawyer at the registered trademark and get a quick opinion on your options.

[nathanb]

Consult a lawyer.

If you believe that keeping your existing name is worth something to your startup, put that money where your mouth is and pay a professional.

[yestoapps]

Whether I'm right or wrong, Matt has millions of dollars for litigation. The law isn't about who's right, it's about the resources you have to stand in the fight.

[nathanb]

I didn't say "take him to court", I said "consult a lawyer".

Any advice you get from HN is just as likely to get you in a heap of trouble as it is to work. If the time comes to enter a courtroom then obviously you will need representation, but the primary value of a lawyer is in the advice and experience you receive before even considering setting foot in court.

[imp]

Actually, the law is somewhat about who is right. If he has a trademark for name that covers your space and you use the exact same name, then (IANAL) it sounds like he's correct. But you should spend some time and money to consult a lawyer. My guess is they would tell you that you don't have a case.

[yestoapps]

Thanks for your input. I'll try to consult one.

[joshmn]

Do not do what Amy's Baking Company did to their bullies.

Okay, in all seriousness... this was just posted the other day (might have been yesterday?) and though humorous, can be applied to what you're going through: http://abovethelaw.com/2013/06/how-to-write-a-great-response...

Now, I am not a lawyer, but I believe you could potentially change your brand name to "Freelancer F___ M___" and plug some words that pair with .fm. Example: "Freelancer For Me" comes to mind.

Also, the spiteful side of me says to proxy the feed from freelancer.com to your platform, but that's just me.

[yestoapps]

Joshmn: Thanks for chiming in. If I change the title of the site to "Freelancer For Me" for example, will it be enough to win a case like this?

[dedward]

So.. am I missing something here?

You are a new startup. You are operating a closely related product to a large power player in the same business by choosing a nearly identical name. Now you are suggesting their data is so important to you that you are going to technically circumvent their block, potentially adding more legal liability, and use their service anyway? And calling them "assholes" in a public forum forum?

Does that seem at all sustainable to you?

[snaveint]

Surely this can't come as a surprise to you.

You started a business in the same industry as freelancer.com, leveraged off their service and have an almost identical name; how did you think they would respond?