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cease and desist ?? shit

Discussion in 'Black Hat SEO' started by zoux, Jul 31, 2008.

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  1. zoux

    zoux Registered Member

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    about one week ago I registered a site called wordsafeconsumerreport.com
    the "word" is a random word to avoid write the real domain name here, and today i just got this email, there is something i can do?? btw i live outside USA.
    the domain doesn't have any website is only a domain name for now.

    here is the email i got

    To Whom It May Concern:

    I am writing to you regarding your registrant’s use of the CONSUMER REPORTS® trademark and their registration of the wordconsumerreports.com domain name.

    Consumers Union of U.S., Inc., is the owner of the famous CONSUMER REPORTS® trademark, as well as the www.consumerreports.org and www.consumerreports.com domain names, among others. Consumers Union has been continuously using the CONSUMER REPORTS® trademark since at least as early as June 1942 in connection with periodic publications, and owns U.S. trademark Registration No. 672,849, among others. The CONSUMER REPORTS® mark is also used with, and federally registered for, additional products and services, including a continuing television news features series available to television stations by subscription, and content providing services provided via the Internet.

    The CONSUMER REPORTS® trademark is an extremely valuable asset of Consumers Union, which has long been used to designate its products and services. The CONSUMER REPORTS® mark has been widely promoted and used by Consumers Union in connection with its well-known magazine and related products and services. Indeed, Consumers Union has expended substantial sums of money in advertising and promoting the CONSUMER REPORTS® mark. As a result of these efforts, substantial good-will has been developed in the trade and public, and both the trade and public have come to associate products and services bearing the CONSUMER REPORTS® mark with Consumers Union.

    Consumers Union is an independent, nonprofit testing and information organization. Since 1936, Consumers Union's mission has been to test products, inform the public and protect consumers. We are a comprehensive source for unbiased advice about products and services, personal finance, health and nutrition, and other consumer concerns.

    Consumers Union has built its reputation for objectivity, accuracy and lack of bias upon its independence from commercial interest. The organization does not accept outside advertising for any of its publications nor does it accept commercial contributions. Moreover, it is our long-standing policy not to grant permission to third parties to use our name for commercial purposes.

    It is our opinion that the registration of this domain name not only violates our long-standing policy, but is likely to cause confusion with the products and services of Consumers Union and would constitute trademark infringement, unfair competition, and cybersquatting in violation of the Federal Lanham Act, as well as under various state statutes and common law.

    Many of the seven million subscribers to CONSUMER REPORTS® and our other publications are vigilant in reporting violations of our No Commercial Use Policy to us, and are understandably angered and upset at such violations.

    In addition, the use of our trademark in your domain name is also likely to cause dilution of the distinctive quality of the famous CONSUMER REPORTS® trademark. CONSUMER REPORTS® is a widely recognized trademark in the United States and, in our opinion, your use of the CONSUMER REPORTS® trademark in your domain name whittles away at the capacity of Consumers



    Union's mark to identify and distinguish its products and services from others. Your use of our trademark in your domain name therefore constitutes trademark dilution in violation of the Federal Lanham Act, 15, U.S.C. §1125(c).

    We hope that this matter can be resolved in an amicable basis without the need for legal intervention. To this end, we would appreciate receiving your registrant’s written assurance that they will immediately:

    1. cease and desist from any and all use of the CONSUMER REPORTS® mark or any colorable imitation thereof;

    2. transfer ownership of the domain name to Consumers Union. To expedite the process, we are willing to take steps to assist you in completing the transfer, including the preparing of any paperwork involved;

    3. refrain from applying for domain name registrations for CONSUMER REPORTS® or any variation thereof in the future.

    If we do not receive a response from you by August 8, 2008, we reserve the right to take the necessary action to protect our valuable trademark rights, including but not limited to commencing legal proceedings in a court of law.

    Thank you for your consideration of this matter, and we look forward to receiving your prompt response. If you have questions, I can be reached at 914-378-2448.

    This letter is written expressly without prejudice to the rights and claims of Consumers Union, all of which are hereby expressly reserved.

    Wendy J. Wintman

    Manager, Legal Services

    Consumer Reports®

    EXPERT • INDEPENDENT • NONPROFIT

    101 Truman Avenue • Yonkers, NY 10703

    Voice: 914.378.2448 Fax: 914-378-2946

    Email: wjwintman@consumer.org

    www.ConsumerReports.orgwww.ConsumersUnion.org
     
  2. bhnoobz

    bhnoobz BANNED BANNED

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    lol, noob. just make it a parody site of consumerreports , then you're protected. if you're using it as a reviews site, then you're infringing on their trademark and you're a bad noob.
     
  3. Vivica

    Vivica Regular Member

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    Geez, that was fast. Never use a trademark or servicemark in a domain name without permission. LOL Just begging for trouble. Their pockets are unbelieveably deep and they can litigate you into submission...
     
  4. Smelly-Cash

    Smelly-Cash Jr. VIP Jr. VIP Premium Member

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    Here is what I would reply with

    To whom it may concern,
    This domain name is for sale on ebay, The starting bid is $100,000. Please feel free to make an offer.
     
  5. Vivica

    Vivica Regular Member

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    They'd make an offer all right... hehe
     
  6. Smelly-Cash

    Smelly-Cash Jr. VIP Jr. VIP Premium Member

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    You're not just gonna give it up, You don't even live in the us
     
  7. MaestroDelWeb

    MaestroDelWeb Executive VIP

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    And their reply will be, "See you in court." Then you'll be stuck with legal fees and a nice big lawsuit for registering their trademarked term in bad faith.
     
  8. Vivica

    Vivica Regular Member

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    Are you serious? LOL Not only will they get the registrar to take the domain away from him, but he'll be sued.
     
  9. ximscreamingx

    ximscreamingx Power Member

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    I don't know.. I own eb*aypul*seco*de(dot)c0m and got one from ebay, not too long ago. I'm thinking about selling it to an offshore corporation and hosting a site on it just because they pissed me off.

    It's silly copywrite shit like that, that really makes me mad.
     
  10. twinkletoes

    twinkletoes Junior Member

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    Yours is "report" not reports. Tell them you will only have one report on your site. There will be no way anyone would be confused.:p

    Or tell them your site is a report on their site/organization.:D
     
  11. DrJekyll

    DrJekyll Senior Member Premium Member

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    Where are you located? I would check international trademark laws in your country. But if you registered it with a us company it may be pointless.
     
  12. Orebil

    Orebil Registered Member

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    If you're outside the US tell them to F off and suck your nuts, they can't do shit.
     
  13. madinaz

    madinaz BANNED BANNED Premium Member

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    Step 1) Put a disclaimer on ever page of your site in big red bold letters stating you have no affiliation to the consumerreports site.
    step
    2) Make the the site an info site about how bad consumer reports are or something like that. Just be sure your site is nothing like the info they have.

    As long as it's different enough they don't have a legal leg to stand on. I actually took on google over this when 2 of mysites used the word adsense in the domain name. The key is the disclaimer and make sure it's easy for websurfers to tell that you are not connected to that site.
     
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  14. mrkenginer

    mrkenginer Newbie

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    I would find out if they registered their trademark in YOUR country first. It might be likely that an organization like consumer reports would register their trade mark in many countries, (GB or Canada for example) but probably not all of them. If they're not registered in your country, transfer the domain to a registrar and host in your country.
     
  15. dannyhw

    dannyhw Senior Member

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    One time I caught metline.info as it dropped for PR and got a C&D from metlife. No joke. I just ignored it.
     
  16. zoux

    zoux Registered Member

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    I'm locate in latin america, and I bought the domain in namecheap
    basically they can do whatever they want??, that pissed me off.
    since i just bought the domain 1 week ago i have to wait 60 days to transfer :(
    there is not such trademark in my country.
     
  17. h1dd3n

    h1dd3n Regular Member

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    keyword here is that he's outside the USA.

    like someone above me said, tell them to suck your nuts.
    all they can/will do is contact your registrar who will then remove the domain name or reassign it to their company.
     
  18. emonk

    emonk BANNED BANNED

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    I've been through it before. Is it in your real legal name? Either way transfer ownership to 'someone' in a non-extradition country.

    Said person need not exist.
     
  19. zoux

    zoux Registered Member

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    i think that i'm not going to reply its stupid mail but at the same time i'm not going to develop anything there, why bother. I have another very similar domain which has been running for 1 month o more without any trouble, maybe i should use another domain just to avoid future trouble.
     
  20. ellie

    ellie Regular Member

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    Australia... in a house
    Sell it or give it to someone outside jurisdiction and get them to point it to the nastiest pr0n site you can find :)

    That can be good faith for ya... (and a really really naughty dirty girl called Faith... lol)