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I was threatned by Lawyers to be sued! What must i do?

Discussion in 'Black Hat SEO' started by entri3, Feb 25, 2011.

  1. entri3

    entri3 Jr. VIP Jr. VIP Premium Member

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    I have a site in the Niche of "Cho yung Tea"
    Since cho yung tea hasn't got any affiliate offers I was promotin an alternate product and also the domain name has the word scam in it,

    like choyungteascam(.)com and the site says that cho yung tea isnt a scam, but good and promotes another product but not cho yung tea.

    I got a mail saying that I'll be sued and severe action will be taken if the domain is not closed.

    It's a super known fact that cho yung tea is a real scam, but I'm still offering to those guys that cho yung tea is not a scam, and promoting another tea.

    http://www.complaintsboard.com/complaints/life-cleanse-amp-cho-yung-tea-c270584.html

    I have also mentioned that everything abt cho yung tea is purely based on personal experience on the right side in the site.

    Would i have to close the domain? Or what should i do?

    Thanks gUYS
     
  2. albaniax

    albaniax Elite Member

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    I don't know about this tea, but if it is a REAL scam, they just want to scare you, as their are in some kind black hatters, too.

    So if it is this case, just continue ;)
     
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  3. ulijonroth

    ulijonroth Regular Member

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    I can not give you an exact answer but as far as I know;
    • Using a worldwide patent in domain name is not good.
    • Using a brand name to promote a competitor product is not good.
    I think they can only go after you for these reasons.
     
  4. MrGrumpy

    MrGrumpy Registered Member

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    This name isnt a trademark or anything..have you seen the number of sites saying "cho yung tea scam" in them.. they are still up..They are just trying to scare you..ignore them.. or just change the title to something like " cho yung tea IS a scam" and change your landing page to say what a big scam it is and then point to the product you are promoting as an alternative.. get get more sales and piss off these idiots even more.
     
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  5. Adewale

    Adewale Registered Member

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    If Cho yung Tea is registered trademark then you will be liable. However, since you have added an additional word scam to the name, if you think it's worth your time and money, you can go and quickly register your own version as a trademark too.

    As I said, if it's not worth the stress, get a new domain for your site and move on.
     
  6. ulijonroth

    ulijonroth Regular Member

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    I do not think that "IT IS NOT A TRADEMARK PART"

    Take a look at this please;
    Code:
    http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:vsjau5.2.1
     
  7. macdonjo3

    macdonjo3 Jr. VIP Jr. VIP Premium Member

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    I get threatened by lawyers on a regular basis, if your nice to the person it sometimes works out. Don't start bad mouthing them. There is also the high chance they can't afford one or they are just trying to scare you.

    Macdonjo3
     
  8. ScrapeBoss

    ScrapeBoss Elite Member Premium Member

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    Possibly trying to scare you. Some phony lawyers do such things sometimes. However, try to find it if they have a genuine trademark registration for that name.
     
  9. bertbaby

    bertbaby Elite Member

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    No, I went to TESS to do a trademark search (Google it) and "Cho yung Tea" is a registered trademark.

    Try to sell the domain back to them.
     
  10. teeniegenie

    teeniegenie Supreme Member

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    1. Verify that the law firm/attorney who wrote the letter exists.

    2. Decide whether you want to fight and pay a lawyer in the event you really do get sued. Most (but not all) of the time the person who hired the lawyer does not intend to really sue you (lawsuits are very expensive).

    3. Read through the letter you received. Does it state why they are threatening you (copyright/trademark issues, false/disparaging info on your site about your competitor, other?). If so, look into those claims to see if they have any merit.

    4. Seriously consider paying an attorney a few hundred dollars (or whatever currency you have in your country) to get a proper legal opinion on your rights. That can be money well spent.

    Good luck!
     
  11. bertbaby

    bertbaby Elite Member

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    Here's the listed company for the trademark to compare with the party threatening you:

    Word Mark CHO-YUNG WEIGHT LOSS TEA Translations The transliteration of the non-Latin characters in the mark is: YONGYUAN. The English translation of the foreign word(s) in the mark is: YONGYUAN translates into English as "Eternity". Goods and Services IC 030. US 046. G & S: Tea Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Design Search Code 05.03.25 - Leaf, single; Other leaves
    28.01.03 - Asian characters; Chinese characters; Japanese characters
    Serial Number 79092032 Filing Date December 16, 2010 Current Filing Basis 66A Original Filing Basis 66A International Registration Number 1063637 Owner (APPLICANT) CHO YUNG (CYPRUS) LTD Private Company Limited by Shares CYPRUS 74 Ivikou Street CY-3081 LIMASSOL CYPRUS Priority Date December 1, 2010 Description of Mark The color(s) green and black is/are claimed as a feature of the mark. The figurative element (the leaf) is in green colour and all remaining verbal elements are in black. The mark consists of the figurative element of a green leaf, a Chinese character (before the words "cho-yung") and of the verbal elements "cho-yung" and "Weight Loss Tea". Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator LIVE
     
  12. mgtarheels

    mgtarheels Regular Member

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    If you didn't get anything via snail mail, it's a bullshit notice.
     
  13. MrGrumpy

    MrGrumpy Registered Member

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    My apologies... I made a silly mistake when I made a search and instead of putting in "cho yung" I put in cho yung tea scam as the trademark check..

    Unless you are in one of the few countries not covered by the trademark let it drop (the domain) the cost of fighting this over a few sales is not worth it. I would verify first as others have said though, that this is from the company and not a competitor trying to get rid of you.
     
  14. tony23

    tony23 Regular Member

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    If you want to keep the site transfer the domain to 'made up chinese name' address 'some backwater in china' change host.