The first thing I would do is check your name is in fact unique. Just because you registered the name icoke.com, .net, .org, etc... doesn't mean you own a trademark (common or otherwise) and doesn't mean you aren't infringing on someone else's trademark.
The next step would be to weigh the cost/benefit of going through the trademark process. It's not very costly, but is time consuming.
Is your startup up and running? Filing for a trademark for a service or product that doesn't exist yet adds more complexity and cost to the process.
While I wouldn't suggest running to your nearest trademark attorney or god forbid LegalZoom, I would reach out the lawyers you do know and ask them about it.
(Disclaimer: None of the above is legal advice or forms an attorney client relationship. The statements above are only for informational purposes and should be used at your own risk.)
If you formed your entity correctly (I assume this is where your $3k debt to your lawyer came in), you likely can declare bankruptcy for your company and take no personal liability.
You might want to find family and friends who can loan you the money without interest.
Can you sell the domain?
Just curious, how did you get so much debt from your lawyer.
(1) You should never "ignore" a cease and desist letter. I would have it reviewed by an experienced lawyer in the field perhaps over lunch (to save on legal costs) and get their input on the risk and likelihood of getting sued. Then I'd go back and make a business decision on whether that risk makes sense vs. giving your users what they want.
(2) If they can ban you via IP, they should be doing that already. I wonder why they aren't.
(Disclaimer: None of the above is legal advice or forms an attorney client relationship. The statements above are only for informational purposes and should be used at your own risk.)
This is very case dependent on what your site or app does.
Should it stop you from building it? Probably not.
If you don't incorporate or incorporate improperly, you'll likely be personally liable.
There are tax and legal consequences for launching without incorporating. You can always form later - but what is "ok" is again case dependent.
It would make sense to run your concerns by a lawyer or a community like HN, but to help we'd need to know more.
(Disclaimer: None of the above is legal advice or forms an attorney client relationship. The statements above are only for informational purposes and should be used at your own risk.)
@Staunch
It could be expensive either way, but being properly incorporated potentially will protect you from personal liability.
I love when MSM rehashes and restates the obvious. What? Paypal wants to dominate the market they are in?! Shocker.
What will be be interesting is if one of the major payment processors lowers transaction costs in the micro-payment space precipitating a race to the bottom situation.
Can't wait for someone to sue for malpractice when confidential documents go viral, originating from a leak in India.
I believe the average case in India's civil courts is over 5 years and I would guess most companies are judgment proof and insurance won't cover outsourced work.
Online Payment Transaction Costs - every time a new player enters the field like Amazon Payments/Google Checkout entering into Paypal's domain they all converge on the same relative pricing scheme.
Without reading your article and the "spun" article it would be hard to tell whether or not your copyright has been infringed. Could you post the links?
Perhaps, open up a channel of communication with the "legitimate businesses" that run the site instead of sending them a DMCA notice.
entrepreneur |ˌäntrəprəˈnoŏr; -ˈnər| noun
a person who organizes and operates a business or businesses, taking on greater than normal financial risks in order to do so.
--- I think your article might be a bit narrow at least for how I read, hear, and associate meaning with the word.
That said, I respect your opinion.