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"As Seen On" question

Discussion in 'BlackHat Lounge' started by BlackSeng, Oct 8, 2009.

  1. BlackSeng

    BlackSeng Jr. VIP Jr. VIP

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    Let's say i add a banner saying: "AS SEEN ON *Dr Phil Logo*, *Fox News*"

    Is it legal even if my site has not appeared there?
     
  2. B*Dogg

    B*Dogg Registered Member

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    Same answer as before bro - if you are in USA then as of just now IT IS ILLEGAL.

    As you are outside the jurisdiction, then it isnt a concern.
     
    • Thanks Thanks x 1
  3. BlackSeng

    BlackSeng Jr. VIP Jr. VIP

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    OMG! I didn't know... I asked it before and someone said it's illegal, and they said it's all about "smart marketing" becaus... for example, you say "As Seen On Google".. you an claim that it is because it is appeared in the search results.

    Dammit, now I am so gonna do lots of logo.

    Thanks a lot, B*Dogg!

    +Rep ya.
     
  4. BlackHatCodeBreaker

    BlackHatCodeBreaker Registered Member

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    B*Dogg got it right.
    One thing though regarding jurisdiction: If your site (also) targets US visitors then technically they (Dr. Phil etc.) can bring it to US court and claim jurisdiction, as the offense was (also) done in the US.

    But this is pretty academic, because:
    A) they have no real way to bring you to US court, and even if judgement is passed without your attendancethey have no real way to make you pay.
    B) more importantly - nobody will take you to court. Unless you do something REALLY outrageous, at most you'll get a Cease and Desist email or letter asking you to stop doing so. At that point - I guess you will, and they'll see the case as closed.

    Hope this helped

    Cheers,
    Brad

    PS - better add a "lawyer's clause" to this one:
    I'm not a pro. If in doubt get professional opinion.
    That's it. I feel much better now ;) .
     
  5. MrSmith

    MrSmith Newbie

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    After the new law deceptive marketing has become a problem for many people -- this is what happens when you have guys doing colon cleanse and acai berry and making it over the top...You attract too much heat and bing; you get slapped with lawsuits and new regulations.
     
  6. MrSmith

    MrSmith Newbie

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    Let me follow you up on that.

    A). Without your attendance there will be a default judgment. This means they can take the default judgment to countries they have made agreements with to execute this judgment. If it happens that they come to your country and your country isn't on same 'page' as the US (say Dubai), then they can claim via a trial in that specific country. They will most likely lose if it was Dubai, but that's subordinate. Point is they can come wave a judgment and may be able to execute it and take whatever you own. (Need to read up on one of those 'conventions'/'treaties' for more info)

    B). Absolutely true. C&D is what they use in most cases. If it's like you said outrageous and they feel personally 'hurt' and 'violated' and feels that they can come for your money (if you have a name that rings a bell or 10 in the Internet community) they will....And people like Oprah, Google, Microsoft, Yahoo or whatever people with DEEP pockets will come with guns blazing.
     
  7. TermsB

    TermsB Senior Member

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    Well since ICANN is now international it can still be enforced even if you are outside of the USA.
     
  8. SpazzyMcSpazz

    SpazzyMcSpazz Regular Member

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    And you better not mess with Oprah because she will come after you and DESTROY YOU!

    [​IMG]
     
  9. BlackSeng

    BlackSeng Jr. VIP Jr. VIP

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    so is "Dr Phil" usable?
     
  10. B*Dogg

    B*Dogg Registered Member

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    lol, I don't think you are getting it BlackSeng.

    Its all usable, just understand the risk.
     
  11. BlackSeng

    BlackSeng Jr. VIP Jr. VIP

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    lol, sorry mates.

    Cos' I just don't wanna get into legal troubles, if you know what I mean.
     
  12. MrSmith

    MrSmith Newbie

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    That's easy..They see you're making bank, they'll come with their long-fingered lawyers and push you to give some to them. They're like the scavenger's waiting on the prey to die and then they'll jump you - in this case waiting on you to walk around with pockets full of money.

    When something gets too good...Stop and think twice if you're covering all tracks and possibilities for getting suit. Even then you will (look at adult friend finder...)
     
  13. squelsh

    squelsh Regular Member

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    If I advertise somewhere then I will put as featured in. Personally though I think putting as seen on Youtube, google, yahoo and sites like that is a bit stupid. I know we are marketing to dumb people but not that dumb.

    If you can't get it 'featured' in any way on a big name, mainstream website, why not just opt for a few smaller sites. Social bookmarking sites would be an obvious one that few 'average' people would know about. I see Digg and stumbleupon up there and I guess they're good examples.

    If you submit a press release, there's a good chance it will get picked up by a few relevant websites related to your niche and you could use the logos from those sites.