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I will probably get a Cease & Desist

Discussion in 'Business & Tax Advice' started by virtualgeorge, Dec 27, 2008.

  1. virtualgeorge

    virtualgeorge Junior Member

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    I am going to put up a site and know from past experience that I will probably get a email from a lawyer saying that the domain name infringes upon their copyrighted trade name etc, etc.

    But I only want this site to but up until the superbowl which is 02/01 so its only like 36 days away.

    So I don't know how long it will take them to find the site, it took them several months before they found another that I did. But I think they have to give you like 30 days to comply don't they?

    So if they find it a week from now, send me a letter, and then I leave it up and take it down on Feb 1st I was hoping that would keep me out of any legal action.

    I would think that would also need to have me served by a process server? I wouldn't think email is legally binding and I would just say "email? what email?

    Maybe if I really pissed someone off they may come and try to sue me for any money I made for the 30 days the site was up?

    Should I not worry about it if the site is only up for 1 month?

    thanks!
     
  2. yeti_racer

    yeti_racer Junior Member Premium Member

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    The worst they can do is C&D you. I say put it up, and hope you don't get caught till after the big day. Get your bank while you can.
     
  3. innocent

    innocent Junior Member

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    I think you are good for the 30 days you need it. You did answer your own question...by the time they find you and put you on notice...you money will be in the bank!!
     
  4. virtualgeorge

    virtualgeorge Junior Member

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    Yeah I think I got something once before and I had 30 days to resolve the issue but I didn't know if that is the law or just what they requested. Never know what the lawyers will threaten you with.

    It took several months to take action last time, but you never know. Once I used some music from an 80's song and I got a message from Sony records within 2 days.
     
  5. budcrownz

    budcrownz BANNED BANNED

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    So how about the domain we buy ? can't we argue with them?
     
  6. Sweetfunny

    Sweetfunny Jr. VIP Jr. VIP Premium Member

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    If they send a DMCA to your host, your host will most likely pull your domain offline right away.. They basically have to in order to stay within the bounds of the Safe Harbor laws which protect the hosts of infringing material from prosecution.
     
  7. budcrownz

    budcrownz BANNED BANNED

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    so the we are not paid for the domain ?
    how bout tell them to responsible our payment for the domain name?
     
  8. budcrownz

    budcrownz BANNED BANNED

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    so the we are not paid for the domain ?
    how bout tell them to responsible our payment for the domain name?