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Have you ever gotten a cease and desist letter?

Discussion in 'Black Hat SEO' started by mattcash, Oct 18, 2011.

  1. mattcash

    mattcash Newbie

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    So on an impulse buy I randomly purchased a URL where the url contains a very slight misspelling of the store name.
    I want to put a cpa on the page.

    Only afterwards did I realize that they could become angry and sue (at least in the US). I know there have been cases about this. I think under the DMCA they'd have to notify me first, and I have domain privacy. So they'd have to get my name from the registrar. Then they'd have to notify me, right?

    Just making sure I don't open a can of worms. If its anything risky I'll just flip the URL, I think it'll be worth a bit.

    But have any of you done something similar and gotten a C&D?
     
  2. ronywilliam

    ronywilliam Senior Member

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    yep... They would send you like 100x warnings before even think of suing you.. if its not too big a company with its own legal department suing you is going to be a big cost for them!
     
  3. mattcash

    mattcash Newbie

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    it is that big of a company though :)
     
  4. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    I've received a few over the years. This advice isn't accurate at all. It depends on the company. Some will only send a single warning before starting with legal proceedings.

    The C&D usually comes directly from an attorney who already has all of the information. If the domain is valuable enough to them, they'll want it immediately, not after 100 warnings.
     
  5. chipmunk951

    chipmunk951 Senior Member

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    Yup I've gotten one for having CityVille in my domain once.

    Long story short just don't do it :) !
     
  6. TermsB

    TermsB Senior Member

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    The major thing to realize with cease and desist orders is that any real lawyer would send you the cease and desist notice via physical mail that you needed to sign for. The reason for this is so they would have proof that you actually received the notice.
     
  7. 420lounge

    420lounge Power Member

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    I have seen them send emails to the registar address (privacy protection) with a mark noting to automatically send them a return notice when opened. How do you think they would get ahold of your address?
     
  8. the_demon

    the_demon Jr. Executive VIP

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    If it's a big company they will sue you. You get 1 warning first, that's it. If you don't reply to the warning letter they just proceed to legal action.
     
  9. jon_xx_x

    jon_xx_x Jr. VIP Jr. VIP

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    I've gotten a handful of them.
    It's a lot of time and money to sue someone, so for the most part they just try to threaten you to take it down.

    Think about it. If you're making a couple hundred bucks of something a month, and they want to sue you for all the money you've made on it, it's going to cost their lawyers thousands and thousands of dollars to persue legal action. So they try to avoid it as much as possible.
     
  10. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    I've received a few registered letters, and a few emails. I usually own a domain that has their name, so I just turn it over. I buy a lot of domains in bulk, so frequently I'll end up with a trademarked domain.

    No big deal, just give it to them.
     
  11. TermsB

    TermsB Senior Member

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    Not afraid to admit I might be wrong. :wiggle:

    However has anyone actually had legal action taken against them after not responding to the email?
     
  12. mattcash

    mattcash Newbie

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    Thanks for the advice, I don't plan to fight if I get a C and D, I just want to be sure that I do in fact receive it if it's sent.
     
  13. Kickflip

    Kickflip BANNED BANNED

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    Just opened my email to my first C&D today! Put a big smile on my face :)

    A person I did internet marketing for didn't get a good conversion rate so he decided not to pay me. (It was on a freelancer website and I trusted him to pay me after). So I of course absolutely destroyed his websites and his personal reputation, posting only factual statements.

    His lawyer sent me a C&D and removal request for false statements, I simply replied "Certainly! Please tell me which statements were false so I may remove them!" Awaiting reply now :)
     
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  14. Bulkemail

    Bulkemail Junior Member

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    LOL I did that YEARS ago with some auto warranty sites, and got the C & D letter...lawyer said it was an ABSOLUTE loser...and I shut the sites down...