Domain take down due to Intellectual Property Rights

[JustRegularUserIMHO]

Hi, I've been using BHW for a few years so I think someone could help me in this case.

Ok, so I'm running porn tube website for more than a year (daily +200k page views) everything was fine until February. I have videos from a lot of websites/services (also from snapchat)

I've got a message from Snap that I have to take down website due to Intellectual Property Rights, (I host all videos via openload even video feature images is hosted on a different website). My website is (dot)com and includes word "Snap" (not snapchat) so as I assume it can be easy to take down.

*Sorry If I made an English grammar mistake. English is not my first langue also does it make my situation better if I'm not from USA?

Full email: deleted (domain name) and (day) just in case, also deleted @ from email.

Dear Registrant of (domain name):

We have not heard from you regarding our email sent on February (day info), 2019, copied below. If we do not hear from you within one week from today, (day info)-Feb-2019, we will have no choice but to escalate this matter for further action.

Sincerely,

Caroline (Carrie) Barbee
Kilpatrick Townsend & Stockton LLP
9720 Wilshire Blvd PH | Beverly Hills, CA 90212-2018
brandprotection(deleted)snapchat-ip.com

--

Dear Registrant of (domain name):

We represent Snap Inc. (“Snap”) in intellectual property matters. Our client’s SNAPCHAT® branded mobile app is among the top photo and video sharing applications in the world, with more than 178 million daily users and more than 10 billion views per day. Snap has extensively promoted and used the SNAPCHAT® mark since at least as early as September 2011 and owns numerous trademark registrations and applications for the SNAPCHAT® mark in many countries throughout the world, including U.S. Reg. Nos. 4,375,712, 4,933,187, 4,971,934 and 4,943,051. The SNAPCHAT® mark has become well-known and famous and indicates to consumers that photo and video sharing software, social networking services, publishing services, and other related goods and services originate from or are sponsored by Snap. Snap is also the proprietor of a large family of SNAP marks, including, without limitation, SNAP®, U.S. Reg. Nos. 4,111,564 and 4,345,533; SNAP INTERACTIVE®, U.S. Reg. No. 4,111,563; SNAP ADS®, U.S. Reg. No. 5,046,768; SNAP CHANNEL®, U.S. Reg. No. 4,967,313; SNAPCODE®, U.S. Reg. No. 4,925,610; and, SNAPMOJITM. Needless to say, Snap considers its SNAPCHAT® mark and its family of SNAP marks (collectively the “Snap Marks”) to be among its most valuable assets. These assets enjoy broad protection under federal, state, and international laws.

We recently learned that you have registered and are using the domain name (domain name) to redirect and drive traffic to a pornographic website. Because your use of the SNAP and/or SNAPCHAT name is identical to Snap’s use of its Snap Marks, internet users are likely to believe that (domain name) and the resulting website are associated with Snap, which is not the case, and the Snap Marks are likely to be diluted and tarnished.

Your use of the SNAP and/or SNAPCHAT name in connection with a pornographic website is naturally of great concern to Snap, is a violation of its rights under federal and state trademark and unfair competition laws, as well as damaging to Snap’s business and reputation. Snap therefore requests that you immediately:

1. Cease use of the terms “SNAP” and/or “SNAPCHAT” in the title of your website and services offered therein, and on any other websites, social media accounts, or products and services developed or sold by you;
2. Abandon the (domain name) domain name, and move your website content to another domain that does not utilize the SNAP or SNAPCHAT marks; and
3. Transfer the (domain name) domain name to Snap.

We hope to resolve this matter amicably and without the need for legal proceedings. Please reply to this email to confirm that you intend to comply with Snap’s requests. If we do not hear from you, this matter may be escalated for further action.

Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Snap, all of which are expressly reserved.

Sincerely,

Caroline (Carrie) Barbee
Kilpatrick Townsend & Stockton LLP
9720 Wilshire Blvd PH | Beverly Hills, CA 90212-2018
brandprotection(deleted)snapchat-ip.com

 

[JustRegularUserIMHO]

What doesn't make a sense for me?
1- email was sent via privacyprotect email form to contact domain owner. I have contact option on my website with an email address (only show in the second menu which is for pc/iPad user via mobile you have a short menu without the contact section). So I don't know the real email address via this contact option you can type whatever email address you want

2- I've got this email a few days ago but via email title, It shows as a second message as I checked my inbox I haven't got a message like this before so privacyprotect didn't forward the first message to me because it was spam or something like that? I use CloudFlare so easiest way will be to send a message directly to them.

3- Since the beginning, I have a disclaimer that Snapchat is not affiliated with my website.

4-In the message there's information about 178 million users (178 was in 2017 now they have much more so why they would use old data? I have found a message like this that someone got in 2017 so right now for me looks like a fake message from my competitors).

5-No phone number to contact, every email I've got from an attorney or DMCA agent has an email address and phone number.

 

[EddieN]

All this looks fake to me.
I just checked. Ms. Barbee is an attorney at a private law firm, that she actually mentions below, and even if she is currently working to protect snapchat, she should have sent you the email by her company's email, just like she added her company's address.
Also, that brandprotection(blabla)snapchat-ip looks fake and also funny.

 

[AquaticGamer]

Move to an offshore hosting as well. Ignore the email doesn't look real.

 

[JustRegularUserIMHO]

I found a similar email on this forum from a few years ago but he got an email directly to his inbox, not from privacyprotected contact option here is his topic also on BHW
Is this a real email from Snapchat?
(how to paste direct URL every time I have a spam error)

 

[Brighter Faster]

Why do people say this doesn't look legit? Looks legit to me.

That is snap's IP lawfirm, and their attorney if Google is to be believed. Others on this forum have gotten similar emails going over the past several years:

https://www.blackhatworld.com/seo/is-this-a-real-email-from-snapchat.898407/

 

[JustRegularUserIMHO]

Move to an offshore hosting as well. Ignore the email doesn't look real.

I'm since beginning of the website but the domain is (dot)com so is under icann

 

[V]

I'm since beginning of the website but the domain is (dot)com so is under icann

I had a similar problem with a .me domain which comes under affilias registry. So, they had my domain on hold because I had it under the same name of an upcoming game. I contacted my registrar, wrote something about freedom of speech and blah blah and asked them to contact the registry on my behalf. I got my domain back in 3 days. I am using offshore hosting, so you better do that and get a domain from a registrar which doesn't suspend your domain (Godaddy is shit). Good luck.

 

[JustRegularUserIMHO]

My website include word snap not snapchat here's what I found via quora
No. It will not be treated as a violation. When you get a domain name, you also get some rights attached to it and the basic principle of trademark law is that a brand should not be so similar to a registered trademark that it creates confusion in the minds of general public.

In the example you gave, snapchat and oursnap are two dissimilar words and chances of confusion are bleak. In addition, snapchat has a different idea altogether. So there should not be any problem in your case.

I have a disclaimer in my footer since begging and also a few days ago I added notification bar that Snapchat DOES NOT sponsor or endorse (my domain name) WE ARE NOT SNAPCHAT.

I had a similar problem with a .me domain which comes under affilias registry. So, they had my domain on hold because I had it under the same name of an upcoming game. I contacted my registrar, wrote something about freedom of speech and blah blah and asked them to contact the registry on my behalf. I got my domain back in 3 days. I am using offshore hosting, so you better do that and get a domain from a registrar which doesn't suspend your domain (Godaddy is shit). Good luck.

First domain was registered using NameCheap but after started building a website I moved it to offshore

 

[Stavro]

I have a disclaimer in my footer since begging and also a few days ago I added notification bar that Snapchat DOES NOT sponsor or endorse (my domain name) WE ARE NOT SNAPCHAT.

If you have a disclaimer, that could be taken as a legal acknowledgement that your site is confusingly similar with the trademarked terms.

I'd recommend having a lawyer to verify the validity of the letter, and to evaluate your site for any risks. But from what you've described so far, it seems unlikely your site would survive a UDRP claim.

 

[JustRegularUserIMHO]

If you have a disclaimer, that could be taken as a legal acknowledgement that your site is confusingly similar with the trademarked terms.

I'd recommend having a lawyer to verify the validity of the letter, and to evaluate your site for any risks. But from what you've described so far, it seems unlikely your site would survive a UDRP claim.

Email was send via privacyprotected domain contact form If it would be sent directly to me then I could check if it's really from this email brandprotection(deleted)snapchat-ip.com or it's fake and only have name like this brandprotection(deleted)snapchat-ip.com but it was sent from email for example like this [email protected]

So, for now, the best solution will be making new domain with .to or .co and 301 redirections will solve the problem even when the website wouldn't survive a UDRP claim I will still have my users or should I make a new different website without word snap and then 301 redirections to new domain and even keep .com (or better use .to or .co?)

 

[Deleted member 1038636]

Transfer your domain to Njal.la, or register a new one in Njal.la. Avoid .com and .net, use .org!

Njal.la is good for privacy and pressure from copyright holders. Transfer your domain to them, or buy a new one.

Just do it Njal.la is perfect to avoid that, and go with Offshore Hosting.

 

[Yzetien]

Lawyers do not cower behind privacy protection, check their headers and see where the mail is from. It's like complete bullshit to me.

 

[JustRegularUserIMHO]

Transfer your domain to Njal.la, or register a new one in Njal.la. Avoid .com and .net, use .org!

Njal.la is good for privacy and pressure from copyright holders. Transfer your domain to them, or buy a new one.

Just do it Njal.la is perfect to avoid that, and go with Offshore Hosting.

I have already registered new domain .to using Njal.la + I have created 301 redirections from old domain .com to new domain .to

Lawyers do not cower behind privacy protection, check their headers and see where the mail is from. It's like complete bullshit to me.

I can't check where the mail is from because I've got this email from privacyprotect contact form (example here privacyprotect(dot)org)

 

[YujinTan]

One thing for sure , if really serious your host will email you right?

I remember one fellow talk about DMCA stuffs etc


i got ask there ,

if seriously got commit flaw , first time for sure , your hosting service provider will official email u
mention xxx company has inform that etc etc this website

Now a lot really a lot scam emails , even scammer want to trick u , using your host provider name
even try to make it so " official " , still can double confirm go host provider support and ask them to confirm

I not expert here come to this .

I comment base on " logic view " .

 

[Yzetien]

I have already registered new domain .to using Njal.la + I have created 301 redirections from old domain .com to new domain .to



I can't check where the mail is from because I've got this email from privacyprotect contact form (example here privacyprotect(dot)org)

Check your email headers for their IP and smtp servers to see if you can get anything useful from it.

 

[JustRegularUserIMHO]

Check your email headers for their IP and smtp servers to see if you can get anything useful from it.

Received: from 209.210.178.150
Received: from rcbot dot myorderbox dot com [162.215.253.75]) by mx dot google dot com

 

[Deleted member 1038636]

They are using a mail provider. However, you should move now to a offshore hosting if you have been moved your domain to njal.la that is a good move.

I dont know if you are in hosting offshore. But if you don't you can always use a reverse proxy to protect your currently hosting provider IP

I recommend privatelayer.com for reverse proxy, create a ticket on support. Im sure they provide that.

 

[AAW]

I say ignore them these seem to be some jerks trying to make money somehow . They can take it down without a lawsuit and a lot of work. But also work on plan B and C from now and ALWAYS have B and C on. Don’t put all of your eggs in one basket.

 

[Deleted member 1038636]

They can take it down without a lawsuit and a lot of work. But also work on plan B and C from now and ALWAYS have B and C on. Don’t put all of your eggs in one basket.

No, no! They can't. What do you think? Takedown something is easy? It requires investigation, if you know what you are doing it won't be easy to takedown. My friend you need to learn a little more to have more know-how.

For example, If I block all traffic from a specific country. How you will access my website or discover? Using a Proxy? Yes, you can do it. But is more harder than you think. Using country blocking you make your website more "invisible" to lawsuit's and copyright holders from that country.

It depends on what you are doing, on what you know, and what they know about you, about your hosting provider, etc.

Privacy is a must, but a good strategy is a master play.

Easy Strategy, but hard to takedown.