How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
16823287
Type Your Business Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

Is there a Statute of Limitation misappropriated my

Customer Question

Is there a Statute of Limitation for having misappropriated my property?
Submitted: 11 months ago.
Category: Business Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Can you explain more about your situation?

Customer: replied 11 months ago.
I owned the valuable 1800ASSEENONTV.com domain name which was misappropriated around 2000.
Expert:  Roger replied 11 months ago.

Ok. So, someone took your domain name back in 2000 without your permission/consent....

Customer: replied 11 months ago.
Expert:  Roger replied 11 months ago.

Ok. Thanks for the information.

This should be considered a matter of conversion, which is where someone takes another's property and converts it to his/her own use. In Georgia, the statute of limitations is 4 years from the act. Here's a link you can read: http://cdn2.hubspot.net/hub/79400/file-512235163-pdf/docs/ga_statutes_of_limitations.pdf

Customer: replied 11 months ago.
I cnnot rate your answer until you answer my follow-up where I disagree with your answer
Expert:  Roger replied 11 months ago.

Hi - I don't see a response, but I'll opt out so someone else can assist. Good luck.

Customer: replied 11 months ago.
Hello Roger,
I am not satisfied as I was previously told that there is no limit unless the misappropriation is returned to the original owner IN THE SAME STATE than when misappropriated.. In my case, the domain name ASSEENONTV.com was misappropriated by a direct competitor and renewed each year with by the same COMPETITOR who misappropriated it. By the way the misappropriation happened in Florida.
Expert:  Maverick replied 11 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

(A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here;

(B) When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time. Remember that only by being just, can you expect justice; and

(C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours.

Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms.

1. Can you please clarify as this does not make sense in the context of how a limitation period works:

" I was previously told that there is no limit unless the misappropriation is returned to the original owner IN THE SAME STATE than when misappropriated."

a. What do you mean returned to the original owner? Are you saying that someone would have to steal the name and then give back to the original owner in the state where he first opened the domain name before the limitations period would start to run?

Customer: replied 11 months ago.
Your remark: "What do you mean returned to the original owner? Are you saying that someone would have to steal the name and then give back to the original owner in the state where he first opened the domain name before the limitations period would start to run?"
Explanation: The domain name 1800AsseenonTV was registered with "Godaddy.com" who is an accredited RespOrg and must be renewed each year. When the domain name was misappropriated some ten years, it became "not available" for someone else as the name was renewed each year since.
Customer: replied 10 months ago.
what's this is what I am saying: " When someone misappropriate the URL name (1800AsseenonTV) and then MUST give it back to the original owner (me) in the state where he (I) first opened the domain name before the limitations period would start to run?"I am still waiting for your answer.
Customer: replied 10 months ago.
This question was answered that there is no limit of SOL 2 or 3 years ago by "Just Answer" but I misplaced the answer.
Expert:  Maverick replied 10 months ago.

Florida Section 688.007 states that "[a]n action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim."

Georgia law is as follows:

O.C.G.A. 10-1-766 (2010)
10-1-766. Limitation of action

An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret.

MORE TO COME....

Expert:  Maverick replied 10 months ago.

Georgia has a four year limitations for injury to personal property. See §9-3-32

Your best bet is to pursue this as a civil theft claim under FLA law:

772.17 Limitation of actions.—Notwithstanding any other provision of law, a civil action or proceeding under this chapter may be commenced at any time within 5 years after the conduct in violation of a provision of this act terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought or intervened in by the state or by the United States to punish, prevent, or restrain any criminal activity or criminal conduct which forms the basis for a civil action under this chapter, the running of the period of limitations prescribed by this section shall be suspended during the pendency of such prosecution, action, or proceeding and for 2 years following its termination.

Related Business Law Questions