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Cease and Desist just received. US Based. Smart to ask for...

Discussion in 'Black Hat SEO' started by Markthedude, May 8, 2012.

  1. Markthedude

    Markthedude Power Member

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    I just got an email that is fully legit from a law firm representing company X. I'm an affiliate of company X and have a site that features their product and company X's domain name is in the url of my site, example, companyXreview.com.

    I will not fight this because it's not worth the time, energy or legal costs as the site is not a huge money maker. However, I did invest a considerable amount of time and energy is to ranking it and would simply like to get the registration fee back.

    Do you thinking it's a good idea if I reply to their email telling them that I'm willing to fully comply with their terms and demands but would appreciate compensation in the amount of $12 to covering my registration fees?

    I'm honestly just wanting the money to register a new domain without their trademark in it and begin re-ranking my terms again.

    Edit:

    $12 you say? What a trivial amount in the grand scheme of things, but to give up a domain that you have ranking firmly after all the awesome G updates lately and that makes money on auto-pilot is hard when you can't 301 the offending domain to a new one as per request of the C&D is to hand over domain to said X company.

    Edit 2:

    Thanks for the helpful answers to the few of you that left them, to the ones wanting to simply bash/flame over the amount I tip my hat off to you that you can without hesitation hand over a site that is in full compliance with company X's affiliate TOS.
     
    Last edited: May 8, 2012
  2. TNphoneman

    TNphoneman Senior Member

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    Dude you broke the rules, they are not going to let you recoup the fees. Suck it up, get a new domain and then 301 this one to the new one.
     
  3. noob123

    noob123 Registered Member

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    I would definitely ask for the money. What have you got to lose? If they say no, you're still going to take your site down anyway. If they say yes, you got a new domain paid for by them.
     
  4. Markthedude

    Markthedude Power Member

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    Interesting thing is I read their TOS before creating my site to make sure they didn't have anything stated about using their trademark. Just re-read their TOS after receiving their letter. All of this aside I'm not going to be able to keep the domain that they contacted me about, they are demanding that I transfer it to them otherwise I would just do a simple 301 and not even think twice about any of this.
     
    Last edited: May 8, 2012
  5. Markthedude

    Markthedude Power Member

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    Right, my only hesitation is them stating that I'm squatting or something on the domain in order to gain money from them but I'm not a lawyer and don't even know if they can pull such a thing.
     
  6. BlackxHat

    BlackxHat Power Member

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    You can not be fucking serious. Youre want to ask them to pay you 12 BUCKS for a new domain? lol unreal
     
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  7. codo3500

    codo3500 Regular Member

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    I've had a similar scenario here in Australia. It was for a client of mine. Not only did he get the registration fee back, but he also got paid for the cost of moving the site to a new domain (which I invoiced him for).

    If you're looking to re-rank, I wouldn't shoot for the registration cost however, as you'll be wanting to keep the domain to 301. If you get back the cost, they'll probably want you to forfeit the domain to them.
     
  8. deviatus

    deviatus Power Member

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    $12??

    You sound like an intelligent enough guy, in the time you've spent thinking about this, you could have created a simple site or found a new niche.

    Although you do have a decent chance of them paying you. I know someone who had a copyrighted domain name, and the company bought the domain from him after sending a C&E at his request. 90% of the time, a C&E is the furthest extent they will go. And 12 bucks to make the problem go away is a lot cheaper than legal fees.
     
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  9. cloakme

    cloakme Regular Member Premium Member

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    This thread is about 12 dollars. Go ahead and ask them. You are in the wrong not them. They can sue you, not the other way around.

     
  10. jollymonsa

    jollymonsa Junior Member

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    no, just no on so many levels
     
  11. Markthedude

    Markthedude Power Member

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    You guys are right $12 isn't a big deal, this is the first C&D letter that I have received and so it just stings I guess and I just hate giving up a domain freely when I've worked so hard to get it to rank.
     
    Last edited: May 8, 2012
  12. googlemonster

    googlemonster Supreme Member

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    Tell him your name is Yashimatcsh and you come from small village in Armenian foothill, you want 24 goat, or $12.
     
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  13. Nigel Farage

    Nigel Farage BANNED BANNED

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    You invest "considerable" time & energy in ranking the site, but somehow $12.00 is going to balance it off? Somehow $12.00 is going to make you fell "less fukced" ? You could send the email and give some substance to their situation, which I would not do. No response makes it easier for them to forget about you. I'd shut down the website and wait & see what they do. I wouldn't just hand over the domain, either. Make them put effort into taking it, if that's what they really want to do. You'll cost them more than $12.00 in time doing whatever administrative thing they have to do to claim the domain, which if you are trying to poke them in the eye, that's a whole lot more satisfying than giving them everything the easy way and hoping they give you $12.00.
     
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  14. Markthedude

    Markthedude Power Member

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    Thanks for not simply popping in to flame me over the amount. I was seeking out if whether any type of compensation is an unreasonable suggestion.
     
  15. larrydetuvi

    larrydetuvi Regular Member

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    Why don't you try telling them you will take down the site and transfer the domain to them anyways but that "It would be nice to have your registration fees refunded" or something like that.
     
  16. Tsmash

    Tsmash Regular Member

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    Twelve dollars? You are really going to take the chance on pissing them off further and increase your chances of a lawsuit over 12 bucks? That's like an hour and a half's wage at McDonalds and about five minutes worth of work for any decent internet marketer.
     
  17. conrad

    conrad Regular Member

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    id say suck up the cost and 301 redirect to the new site without the name in url.
     
  18. Markthedude

    Markthedude Power Member

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    I've decided what I'm going to do but I want to commend all the decent level I.M's out there, I hope to be making $1,261,440/year soon just like them.
     
  19. LazySeoEr

    LazySeoEr Registered Member

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    Reply reasonably.

    How big is the business? Do you think they gross more than 200k in revenue? If you do, then yes, I think its fair you can at least ask for something.

    People dig ignorance- people also dig the fact that you're cooperative.

    Explain that you've worked on the website and fully understand the situation and that you would like to cooperate under the current circumstance. You would like to discuss the solutions that are best for both parties in a reasonable manner, mention that you have a trivial amount of money invested in the website that you'd like back.

    No harm- worse case is, you transfer?

     
  20. Alexx11

    Alexx11 Junior Member

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    I don´t think you should go into legal stuff with these people over $12, I´m not saying you are, but they might. Yes, it sucks to give up on a website you have worked on to rank well, but you said it was not making a lot of money anyway.