Less than a month after filing the petition, a lawyer says he’ll nonsuit his Austin firm’s claim against a Seattle-based firm. The dispute was over ownership of a web domain name, www.zimmerlawsuits.net. The website advertises legal services for suits about alleged knee-implant failures.
Justin Demerath (pictured), shareholder in O’Hanlon, McCollom & Demerath in Austin (OMD), says his firm has worked out its dispute with Seattle’s Paglialunga & Harris; OMD will keep ownership of the website.
Demerath notes, “There was a disagreement at one time, but I think that everyone got on the same page, and it was worked out, and we’re nonsuiting the case.”
Jim Harris of Paglialunga & Harris writes in an email, “The matter was a misunderstanding that has been resolved amicably.”
OMD filed its original petition Sept. 23 in the 126th District Court in Travis County, claiming that it bought the domain name from a legal services company July 15. The petition in O’Hanlon, McCollom & Demerath PC v. Paglialunga & Harris PCalleges Demerath received a call on Aug. 1 from Harris, who said his firm was the “true owner” of the site, having bought it from the legal services company before OMD. On Sept. 1, OMD talked with an executive of the legal services company, who “confirmed” the company sold the site to OMD, alleges the petition.
“On September 15, 2011, Defendant sent an email to OMD, which stated that if OMD did not relinquish its claim to the Web site, Defendant would file suit against OMD regarding the ownership of the Web site,” the petition says.
OMD sued for declaratory relief and asked the court to declare that “OMD is the sole and rightful owner of the Web site” and that “Defendant has no rights in or to the Web site.” OMD also sought to recover costs and attorney’s fees.
“They were really good people to deal with. We had a little difference of opinion, but it got worked out,” says Demerath, adding, “I was glad it was a favorable outcome.”
-- Angela Morris