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legal advice please - Domain Name Related

Discussion in 'BlackHat Lounge' started by kez1000, Jun 28, 2011.

  1. kez1000

    kez1000 Supreme Member

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    I am in the Uk

    I have an Amazon affiliate site selling some products, so the name of the product is in my
    domain name. Some law company say’s that I am infringing on some copyright of their client
    because the site is based around their product and because I am using their name without
    permission -BLAH BLAH BLAH....

    So they want me to transfer the domain to them.

    Plan 1
    I was planning to transfer the domain to a different account, with a different name, address,
    country and domain registrar and then make the name private on the highest security so that
    no one knows who owns the domain. Or it will take ages to find out

    Plan 2
    Set up a new affiliate account with Amazon, take down all of the pictures, links and their branding
    and promote some other footwear instead. So the only thing left will be their name in the Domain.

    Will this work? The site makes £40-60 per month.
     
  2. dizz

    dizz Elite Member

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    Its not worth it you do not make enough for the hassle.
    Dizz
     
  3. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    If the "product" is their trademarked name, or (at least in the US), they were the first to use (First rights of use), then there isn't much you can do.

    Anything you do at this point will be avoiding the trademark law which could end up landing you in just as much trouble.

    This is just my opinion and not legal advice. This should be taken as opinion and legal advice should be found through a legal professional.
     
  4. kez1000

    kez1000 Supreme Member

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    Thanks guys for the replys - It's just that it's number one for a few keywords and I
    don't want to let it go without a fight.
     
  5. meathead1234

    meathead1234 Moderator Staff Member Moderator Premium Member

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    For £40-60 a month just give it up. In future, register your domains/hosting offshore if you're using a trademarked term and that will at least buy you some time.
     
  6. seobizwiz

    seobizwiz Junior Member

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    I wouldn't give it up. I doubt they are going to spend the money for a suit. I would try to work out a deal with them and give them a piece of the action. Its worth a phone call. Remember lawyers get paid to look busy if they are on the companies payroll, they hardly ever do sh$t, except send "scary" letters
     
  7. gergo2007

    gergo2007 Jr. VIP Jr. VIP Premium Member

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    Sell it for 2k dollars. Its under a the price of a legal stuff, so hope that they will accept it.
     
  8. shadowcat

    shadowcat Elite Member

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    Stay away from these problems.I am sure you will find some good domains which will earn you more then what you are making from this sites now.
     
  9. Virus1

    Virus1 Supreme Member

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    its not making enough money to invest time, energy and more money to get away with it..

    also.... hate to add to your situation.... but its against amazon TOS to use trademarked names in the domains you use to sell their stuff..... just saying..

    good luck..
     
  10. wrangler

    wrangler Regular Member

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    I wouldn't solicit medical advice on BHW, and I'd be about as ready to listen to "legal advice" from here, too. Got a letter from a lawyer? Go talk to a LAWYER.
     
  11. kez1000

    kez1000 Supreme Member

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    Thanks again for all of the help people.. I have alot to think about
     
  12. jhigg

    jhigg Newbie

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    I would talk to a lawyer too.... I have a lawyer friend who gives me advice... but I always recommend to affiliate marketers to invest in prepaid legal... though they may not be experts in intellectual property and other matters we as marketers get involved in, they can give you better advice a lot of times than someone who is not a lawyer. At the very least you can get a professional opinion.. But if it were me, I would ditch the site (it's not worth messing with attornys) and do it over again using the same methods you used to make the income that the current site is bringing. Lawyers can be expensive...
     
  13. thetvnun

    thetvnun Power Member

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    I would do plan B with the exception being that not only would you have private who is, but you would purchase the domain anonymously. I now purchase all my domains in the bahamas anonymously. changing or making up names is easy to do, but it doesn't mean shit once you regristrar gets the 3rd letter saying that the registrar will be paying their attorney fees - they will sell you down the river and reveal your payment information.

    you must purchase the domain and pay for it anon as well it's not easy to do as i found after purchasing 3 paypal accounts and vcc's that didn't work. I finally have a method in place to do it, and now brother, i never see a single letter and they can go to court if they want to get it shutdown - that is the only was to buy domains as far as im concerned.