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Hydroxatone wants to sue me!?

Discussion in 'Domain Names & Parking' started by bradman, May 27, 2011.

  1. bradman

    bradman Newbie

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    hey guys.. well i am the owner of hydroxatone.org and was contacted by hydroxatone (atlantic coast media group) to pull down the site as i am not able to promote their products with a domain with their brand in it.. so lame.

    the letter they sent DEMANDS that i transfer the domain to them. my question is... do they have the right to domand this domain name? i took the site down now as their request.. but can they really sue me if i dont transfer over the domain???

    anyone know??
     
  2. s1wg4u

    s1wg4u BANNED BANNED

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    I'm not a lawyer. But can Sony sue you because you have the domain Sony.inf00o? Nope. You own it. You bought it. You didn't do anything illegal to get it. The domain isn't copyrighted either. Therefore, copyright the domain then tell them you'll be more than willing to sell the domain to them for a hefty fee.

    Also, keep the site up just have it redirect to another URL haha. That I'll really piss them off.
     
  3. Hydro

    Hydro BANNED BANNED

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    Not sure of the legalities of this but if I was you I'd make them an offer to buy it.
     
  4. ddvv84

    ddvv84 Regular Member

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    Basically they can sue you if you keep selling their product via that site. If you stop right now and change the whole page and not have any of their products OR products in that category, then they are unable to do anything. This is the reasons for C&D letters, to make people understand that they need to change their ways or you will get sued. As for demanding that domain, they can not do that without a court order. I mean they can tell you that give us the domain now, but you really don't have to without a court order to do so. They are just trying to scare your right now and trying to take the domain away from you. If you change the content and everything and make it a completely different site and not about their products of the category of that product then you should be fine and they will not be able to do anything.
     
  5. adbot

    adbot Power Member

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    if they want to get the domain they certainly will. Im sure their pockets are deeper than yours and they have lawyers on retainer already for this sorta thing. Good luck.
     
  6. bradman

    bradman Newbie

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    LOL. thats exactly what i did man.. redirected it to another offer. and i guess that really pissed them off so they sent me a letter titled

    "Re: Affiliate Termination Notice and HYDROXATONE.ORG Transfer"

    What sucks is i have other sites that i was promoting hydroxatone offers on.. as well as some of their other products.

    Would it be legal to do someething like this... talk a bunch of shit about hydroxatone on hydroxatone.org and redirect to another offer. Rank it up really high.. then ask for an offer on the domain? LOL thats pretty low but ill go there!!! fuck em
     
  7. adbot

    adbot Power Member

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    Yeah I think you should do that.
     
  8. JimmyConway

    JimmyConway BANNED BANNED

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    Exactly. They're acting low themselves by trying to force you into giving them the domain. Im pretty sure thats illegal if they havent started any court proceedings. Theres a legal word for what they're doing too. Cant remember it though.
     
  9. adbot

    adbot Power Member

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    There goes a few more IQ points down the tube.
     
  10. ddvv84

    ddvv84 Regular Member

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    Well, you might have to look at your local state laws on C&D letters. Their is a time span of when they send you a letter to when they are allowed to goto a court with their information.
    Remember if you do that not only will you be using that domain to Harass the company and promote their competitors product on THEIR NAME'D domain, they will be really pissed off and i can guarantee you that they will take you to court for more reasons then just having that domain. They will go at you for slander, for negative reputation, they will even make sure to focus on how you never even tried the product and are giving negative reviews( america has laws on this now ). So before you do something stupid, let me tell you don't fuck around with medical company's who's pockets are deeper and who have connections deeper then you do.

    Do you really think that? i mean really now? When are they supposed to send you a C&D letter? After they are suing you?
     
  11. JimmyConway

    JimmyConway BANNED BANNED

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    IF im wrong there, excuse me? I didnt know humans were not allowed to be wrong. Troll elsewhere, bitch.
     
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  12. Money Man

    Money Man Elite Member

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    Just go ahead and thumb your nose at them, LOL.

    /sarcasm
     
  13. bradman

    bradman Newbie

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    The only problem i see with this is that they stated i violated FTC guidelines on the site.. even tho i really dont know how i did. I put 'Free Trial' so i guess that will do it huh..

    You guys really think i should get them to buy it from me if they want it that bad?

    Technically I could take all reference of hydroxatone off the page and just recommend another product without the mention of hydroxatone in the content at all.

    Heres a direct quote

    "As such, we hereby demand that you immediately transfer to ACMG the hydroxatone.org domain. We will, of course, assist you in the preparation of the documentation neccessary to affect the transfer. Furthermore, we demand that you cease and desist from marketing any of ACMG's products and direct you to remove any of ACMG's trademarks, logos, copy, meta tags, images, or links to any of AMCG's websites from the hydroxatone.org site and any other website you currently own or may own in the future"

    Fun loving people over there...lol
     
  14. JimmyConway

    JimmyConway BANNED BANNED

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    Actually, my fault. I didnt see the letter part.
     
  15. bradman

    bradman Newbie

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    I agree with you.. i dont think it would be smart to piss em off in anyway as im sure they'd nail my balls to a chair.. after taking all my money.

    WOuld you recommend i just give up the domain to? or ask them to buy it from me? my first time in this kinda situation.. hrmm.
     
  16. adbot

    adbot Power Member

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    It wouldnt hurt to POLITELY ask them to make you an offer on it. Try to avoid anything that would even sound close to extortion or they will butt rape you.
     
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  17. bradman

    bradman Newbie

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    I think either way i have to give the domain up not to get butt raped.. either sell it to them or give it to them.

    If i keep it im worried that they might come after me with FTC violation bs and whatever else they can pin on me..
     
  18. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    It's an Algo, of course it can be gamed.
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    They own the trademark, I am sure.

    That is going to be the sticking point when it comes to domain ownership
    and your registrar may yank it from you if they push it with them.
     
  19. kez1000

    kez1000 Supreme Member

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    This happened to me because I used "state farm" in my domain they done all the give me
    the domain stuff. So I took the site down but they still wanted me to transfer the domain
    to them.

    Then I got email after 2 months of me ignoring the 10 emails from state farm from "
    [FONT=&quot]adrforum DOT com"
    they said that state farm have lodged a domain claim dispute and 3 days after that go daddy put a lock
    on the domain because it was in a dispute.

    [/FONT]
    [FONT=&quot]
    [/FONT]
    [FONT=&quot]Then blah blah after another two weeks of me not responding to any emails go daddy transferred the domain to[/FONT]
    [FONT=&quot] state farm and that was it, no more emails.

    If you are not making any money from the domain just delete it
    [/FONT]
     
    Last edited: May 27, 2011
  20. bradman

    bradman Newbie

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    Hmm okay so i might as well just give it to them then?

    I'm thinkin i might politely ask them to buy it from me as i did put time & money into it.

    BTW u guys can see the site on the 1st or 2nd page of google (depending where you are) if u cache it.