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Am I Going to Get Sued

Discussion in 'Affiliate Programs' started by jthomas086121, Feb 20, 2009.

  1. jthomas086121

    jthomas086121 Newbie

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    I have registered the domain name 3M-Club.com to push Maverick Money Makers on Clickbank (no I am not trying to plug my affiliate...the product sucks).

    I recently received a letter from the 3M the fortune 500 corporation that makes Post-It notes and a variety of other products. At first I thought it was a hoax, but the addresses and e-mail accounts are legit.

    In short they are telling me to stop using the domain name or they are going to take legal action against me.

    So my question is can they really take legal action and am I looking at monetary fines if I ignore them and tell them where to stick it.
     
  2. kingbrend

    kingbrend Regular Member Premium Member

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    They can get your whois information, whether it be private or not and contact you that way if you don't heed their warning.

    I usually back down when I receive these warnings, I have too many other things to worry about.
     
  3. deef

    deef Junior Member

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    Make them a offer to sell the domain for 5000 $ to them.. Or that you start a porn site on it ...

    Sorry this is not a answer to your question, but that's the way I would do it ... (I'm a adult webmaster)

    If you wish I can help you with the site :) I'm living in Europe .. so wish to see how they gonna sue me :)

    They had also the chance to registrer the domain.Why they did'nt ?
     
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  4. chickuzt

    chickuzt BANNED BANNED

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    Yes, they abuse their power. In this case they are in the wrong, but take into account they can take you to court for years. They might even do it for fun; they have lawyers at their dispense. Better ask for compensation of the domain, $15, and move on.
     
  5. tissa2

    tissa2 Junior Member

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    put it up for auction somewhere and let them know so they can bid!!
     
  6. justone

    justone Elite Member

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    look up if 3M is really protected as trademark or similar
     
  7. genie1

    genie1 Junior Member

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    they wont win. A friend of mine gets threatened legally on a regular basis for owning snicke*rs(.)o*rg. He just argues every time that his site doesn't infringe on their copyright at all, and shows that the site has nothing to do with snickers candy bar :D
     
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  8. jthomas086121

    jthomas086121 Newbie

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    that would be expensive for them wouldn't it. especially for something that seems so small. would they really do that?
     
  9. kingbrend

    kingbrend Regular Member Premium Member

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    Hehe.. after I write my post above I get a nice long email about one of my newest domains... here's a snippet.

    'Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation from you that you will comply with our request, we will have no choice but to pursue all available remedies against you.'

    fun times.. :)
     
  10. soctal

    soctal Regular Member

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    you REALLY need to get good legal advice from a lawyer that specializes on domains. Dont dick around, this is a big company.
    the suggestion that you ask a fee like 5000 might possibly get you into a lot of trouble. dont do anything like that until you get good legal advice.
     
  11. milligan

    milligan Junior Member

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    When this happened to me they also made a complaint the domain registrar and my hosting company. I can't remember which one made the decision but someone made a choice for me and took the site offline.

    Unless you want to risk getting sued I would just move on. And ask those who are telling you to stick it to the man to share all your legal costs :)
     
  12. jthomas086121

    jthomas086121 Newbie

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    Hmmm....starting to smell like a fucking scam. I had similar language in my letter:

    "For these reasons, we must insist that you cease any furter use of the "3M-club.com" domain name and not renew the domain registration.

    Please provide us with your written assurance by March 20, 2009 that you will comply with the terms of this letter.


    Are any other BHW members getting these notices?
     
  13. chickuzt

    chickuzt BANNED BANNED

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    If they are legit, don't play with fire. Ask for compensation of $15 for the domain cost. If they refuse, then counter-sue them for harassment. Document all emails going in and out between you 2.
     
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  14. billygood

    billygood Senior Member

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    I deal with this all the time for Proctor and Gamble ( I know the chief of web development ). there is a nice way and a wrong way ( the legal is a hired in house staff so It does not cost them anything to tie you up

    it works this way, tell them it's not related to 3m product and you would be happy to give an outbound link on the home page.

    they say give me domain

    you say no interested, and I am going to develop the domain with my stuff.

    they say give me domain, and we will see you in Switzerland

    you say, it's cold, but see you there.

    they say OK, but in the mean time, would you like to settle this,

    you say, not really, I wanted to develop this web site to promote this product ( show them finished web site ), but I am willing to listen to your price and stop this web site development.

    they say how much,
    you say you go first
    they say 15.00,
    you say, you got to b kidding, I can justify a lot better just on the time I save you from doing Switzerland.

    they say 640.

    you say place that in writing, but I see 2800 as my price, let's work to a conclusion that is fair to both of us.

    they come back at 740.
    you call them and laugh politely saying we are getting warmer, show them that the site has already generated some income and up your price to 365 x daily earnings.

    they go ok 1250

    you say, ok, plus some free products?

    they laugh, and say, get serious

    you say OK send over the contract

    you then go to your lawyer an have it reviewed

    sign and get a check

    that's the easy way.
     
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  15. ddf1980

    ddf1980 Junior Member

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    I like Billys way.
     
  16. loclhero

    loclhero Supreme Member

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    I don't even have to check to know that it's a registered trademark. That's a no brainer. I'm starting to have a similar concern. I just registered the .com, .net, .info and .org that includes the name of a very well known internet entity. I couldn't believe it was still available and now I'm wondering if/when I'll hear something.
     
  17. billygood

    billygood Senior Member

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    the legal team of all the big companies have a public telephone number, this number is also found with a google afterwards ( you want them to give you a phone number that you confirm with the other side to make sure that it's not a scam )
     
  18. virus_1720

    virus_1720 Jr. VIP Jr. VIP Premium Member

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    save all the emails and try to make them an offer.
     
  19. unravelled

    unravelled Junior Member

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    I'm getting sick of stupid ass cease and desist letters. They are bullying normal everyday people for no damn reason other than fear tactics. If they want to get serious they will need to bring you to court in your own town, yes fly their attorneys out there and all since this is the jurisdiction the "crime" was committed. I've received everythign from letters, faxes, phone calls from ceo's threatening to fly out. It's all BS, don't give in, they would have a hell of a time convincing your local judge that you intentionally squatted that domain just because it has their 3M trademark ESPECIALLY wehn you have maverick money makers to prove the #M portion of the name is completely legitimate.
     
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  20. billygood

    billygood Senior Member

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    thanks,
    I happen to know how evil it can really get when the place the screws on you. I saw it done and destroy a squatter that worked for anti-abortion group ( the guy would buy domains and route it to those evil pictures )

    a company I know, laid a beating on this guy and then called in other companies that he owned domains of and they really put the screw on him. PURE, outright following of the laws, all the way to court without a settlement discussions, just pure outright winner take all. real nasty stuff, stuff that makes it painful for both parties.

    you don't want one of those fights unless you have deep pockets ( very very deep )