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Cease and desist for selling classifieds posting services....anyone know a workaround?

Discussion in 'Black Hat SEO' started by cresmedia, Aug 3, 2013.

  1. cresmedia

    cresmedia Junior Member

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    Or had this happen to them? I was recently communicating with an associate and he told me that he got a cease and desist letter from a local law office on the behalf of one of the major classifieds companies out there wanting him to remove mention of said classified site from all his websites and domains.

    While I understand that part of it, he said they also are telling him he can no longer post to said classifieds site or sell posting services for said classifieds site.

    I don't know what kind of marketing he was doing or how much marketing but it must have been a lot for him to show up on their radar, anyone have any feedback or advice/info they can give on how he can go about continuing to sell posting services. Host the site offshore? Use a team off shore to process sales?

    At the end of the day he isn't really worried about it, but no one likes being told what to do, especially the last part about never being able to post or to sell posting services. Can they actually deny him that?

    Anyone else get similar letters or run into the same issue?
     
  2. ytr191

    ytr191 Regular Member

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    Sounds like "huge classified site" is at it again. Put on your masks guys!
     
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  3. DebtFreeMe

    DebtFreeMe Regular Member

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    Obviously they can force him not to use their brand. They can also delete his accounts if they were to find him posting on their site.. Because they do own the site. But beyond that there is not much they can do... I don't think No trespassing exists yet in the world of the internet, so without a specific court order there is no way to go after him for posting on their site.

    Just my dose pesos.
     
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  4. cresmedia

    cresmedia Junior Member

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    delete
     
    Last edited: Aug 3, 2013
  5. cresmedia

    cresmedia Junior Member

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    Just spoke with him and I'm waiting to get more details. He said he spoke with the lawyer that sent it but isn't clear on everything, also he sent me a copy of the letter but I haven't read it all.<br><br>He says he wasn't experiencing any issues with his PVA's or actual posting so its starting to look more like a scare letter and tied to the fact that he had a domain (which he wasn't using to sell the services) that had the name of said classifieds company in there and from that domain they got his info and told him he had to stop selling services or be sued.

    He was thinking of a way around, at the end of the day we both agree he should just drop it if its going to be that much of a hassle, but it was a nice earner and something he sold a lot of (reason I hooked up with him was because he needed to outsource some of his orders) Now the campaigns we were working on together have to be blasted out asap and he can't take anymore orders despite getting requests daily.

    Possibly could still sell as just a classifieds posting service, and not mention said site specifically, kind of like how adult stores don't sell bongs they sell water pipes, but people don't necessarily want backpage posting....maybe sell backpage packages but still do posting to major site and just give clients proof of backpage posting that works a lot better than normal????
     
  6. assassinmarketing

    assassinmarketing Regular Member

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    they are trolling, if they had anything serious on him they would build case & then approach him with a lawsuit.
    Cease & Desist letters exist more as a deterrent, most people don't want to go to the lengths of a lawsuit, tie up time & money etc.
    he should distance himself from that particular domain name but other than that it's just song & dance
     
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  7. jon_xx_x

    jon_xx_x Jr. VIP Jr. VIP

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    I'm not a lawyer, so don't take this as legal advice, but if you don't have their name in the domain, I really don't think they can do anything.
    I mean if they can do that, then you'd think any time a restaurant or business got a bad review, they could send a C&D and get the review removed.
     
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  8. bartosimpsonio

    bartosimpsonio Jr. VIP Jr. VIP Premium Member

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    C&D letters also may strengthen a lawsuit. When the judge asks "well why didn't you try to solve this amicably", the C&D letter is presented as proof that they tried to negotiate but YOU refused..... It's a trap.
     
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  9. jon_xx_x

    jon_xx_x Jr. VIP Jr. VIP

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    The best process when receiving a C&D via email is you either ignore it, or you comply and do what they want, to avoid hassle.
    But if you feel they are just trying to scare you, you ignore it. Often, when a company has an issue, they get their lawyer, or even themselves, fire off an email to scare the individual. If you ignore it, and things go further, you can say you never received it. But if you reply, as above mentioned, your replies will be used as evidence if things go further. So if you ignore it, you see how serious they are about it. Often times they'll mass email a bunch of sites that are problems, and try and get rid of as many as they can, then just forget about it. But if they are serious about it, they'll take the next step and physically mail you a signed letter, with confirmed delivery. Now they know you've received it, and you've been warned. Of course this can still be a scare tactic, but sending an email takes to seconds, actually printing, signing, and mailing a letter is a little bit more work. Not to mention, if your site has private whois data, the company's lawyer has to go through your register to get your real mailing address, which is even more of a hassle. So you get to see how serious they are about you removing it.

    I received a C&D, and I just ignored it. I think they emailed a couple more times and I ignored it. Then they contacted the CIRC or whatever its' called for Canada, and got my real name and address. Then I emailed them and said I would make changes. I basically registered their old company website, and put up their old website, to use in my personal private blog network. I still used the site, I just removed their logo/name from everywhere.

    I've received a few C&Ds over the years, some of them had absolutely no ground, but they were such small sites for me, that would bring in $100 per month, there was no point. One was simply a site with the domain using one of their trademarked keywords. Well I didn't have any banners up, so they really can't do anything if I'm not making money on it. The sweet thing was, I was apart of an affiliate program where they tracked results using google analytics every month, so I liked to their money site with no affiliate link. It looked like I was a non profit site linking to their site. However, the company's trademark I was using contacted the affilaite site, assuming they owned it, and threatened them too. Affiliate site didn't want to deal with the hassle, so I just shut the site down. Really wasn't even making $100/month, so not worth it. Wish I was a millionaire, I would have fought it just for the sake of winning.
     
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  10. cresmedia

    cresmedia Junior Member

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    Thanks for the feedback. They do know he got the letter because he called the law firm back for more.details.

    Ill probably touch base with him today and get an update. The main thing is how to get back to selling safely be it from a domain hosted outside the us or what. There are tons of sites built around selling the same service some of them that have been around for.years like pvas magic so there must be some way around it.