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Letter From Clickbank for Trademark Infringement

Discussion in 'Black Hat SEO' started by InsanelySane, May 10, 2014.

  1. InsanelySane

    InsanelySane Power Member

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    I have a clickbank product review type site that is earning a good chunk of change for me and the vendor.

    I just got an email the other day from clickbank stating that my site is being requested to be taken down by the vendor for trademark infringement on their name.

    My site is the typical (product-name).net

    Their brand/product isnt even really a brand, its more of a sentence they whipped up. Its like "our acne solution" (example).

    Of coarse the rest of the SERPs is full of similar ("product-name".org) ("product-name.info") ("product-name-review.com") etc, etc.

    My site also clearly has "Review" in the SERP title as well.

    Should I take the site down and rebuilt it under a different domain? Obviously don't wanna get the ban hammer for clickbank, but this seems really stupid as all their affiliates have the keyword in their domains.
     
  2. Gyuman82

    Gyuman82 Jr. VIP Jr. VIP Premium Member

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    Is the name actually trademarked?

    If it is then you gotta give it up.

    If not, then it depends on whether or not you want to aggravate the vendor lol
     
  3. InsanelySane

    InsanelySane Power Member

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    I have no knowledge in law. How exactly can I find this out?
     
  4. Techxan

    Techxan Elite Member

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    Contact the owner of the product, explain that you are getting him sales, and ask permission to continue using the domain name.

    If they approve maybe CB will let it slide.

    Otherwise, cease and desist.
     
  5. asap1

    asap1 Jr. VIP Jr. VIP

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    lol I bet your #1 in the SERP and the Vendor is #2 so if he knocks you off he will get all the sales, basically cutting out the middle man (you).
     
  6. InsanelySane

    InsanelySane Power Member

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    Surprisingly im 5#, but with 1 good PR link I would be 2nd and overtake him. lol hes 2nd anyway someone else has already overtaken
     
  7. drogon

    drogon Elite Member Premium Member

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    Wow thats the first i heard of such a thing in relation to clickbank but basically you have to treat any such letter from clickbank seriously. I would move the site to a new domain (non trademark) asap and 301 old domain to new domain. Fight this or do nothing and in few days your account will be suspended or banned.
     
  8. D.A. Mokes

    D.A. Mokes Junior Member

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  9. Crewchief007

    Crewchief007 Power Member

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  10. drogon

    drogon Elite Member Premium Member

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    Do any of you guys actually work with Clickbank?? All these comments about legal position and links to check trademark mean nothing to Clickbank. Once they send you a letter like this you either comply or lose your account.
     
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  11. InsanelySane

    InsanelySane Power Member

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    The 200$/month affiliate site is not worth lawyer fees and time.

    However, I am wondering how much they can actually own of a name. I have emailed them asking what the exact issue is here.

    Either way ill probably remake site and deliberately surpass them now
     
  12. tony_d

    tony_d Elite Member

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    Does it relate to the domain name itself, or the content visible on the domain? My bet is it goes to the content.

    I would contact the vendor directly with words to the effect of 'it's not my intent to infringe your IP, please tell me what you consider is an infringement and I'll attempt to fix the situation'... that clearly sets our your intent, and says you're a reasonable guy.
    People like dealing with reasonable guys :)
     
  13. Visit

    Visit Jr. VIP Jr. VIP Premium Member

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    Try and delay the shit out of it, say something like you're speaking with legal counsel and anything further will be communicated by him to clickbank.

    And I highly doubt they'll send you anything further.

    Make sure it's not a spoof lol.

    This post does not substitute legal advice, seek legal counsel before proceeding with anything!
     
  14. totag

    totag Junior Member

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    Mr tony d is straight up, contact the vendor directly, and make sure this issue does not become a big problem for you.
     
  15. InsanelySane

    InsanelySane Power Member

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    This is my concern. I couldn't give two shits about the vendor, I am concerned about losing ties with CB.


    Well my content is a review article, I dont see how there could be any problem with that?

    I assumed it was the domain as they own the .com and I own the .net. However, there are other sites on the first page with the .info and the "productname"review.com. So I am unaware if they are going to attack them as well.

    I recieved a letter from them a month prior thanking me for business so this really makes no sense. I have sent them a letter asking them basically what the deal is.
     
  16. aa33030

    aa33030 Regular Member

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    Since you received a letter from the vendor a month ago thanking you for business, then most likely it wasn't the vendor who made the complaint to clickbank. It was another affiliate competitor who emailed clickbank pretending to be the vendor
     
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  17. spmcnerd

    spmcnerd Regular Member

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    I don't know how CB plays. I do know that the vendor didn't think it through or he didn't like the review.
     
  18. JasonS

    JasonS Jr. VIP Jr. VIP

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    Brilliant,

    @OP: You should contact with the vendor asap, and let him know about this matter. I'm sure he'd be totally unaware of this situation, ask him to do a favor for you and send the email to clickbank regarding this issue.
     
  19. Crewchief007

    Crewchief007 Power Member

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    drogon, life and IM generally aren't this simple...

    The request that came through CB, could have originated from any one of these sources. It could have come from:

    (a). The vendor, which I doubt
    (b). A competing affiliate
    (c). A fuming competitor
    (d). An ex-girlfriend
    (e). A pissed off IMer, blah, blah, blah

    The point? The OP can determine the source by:

    1. Contacting the vendor directly
    2. Checking TESS
    3. Confirming the issue is amicably resolved with the THIRD PARTY, [which is Clickbank] after he clears up any potential Trademark Infringement issues.

    To be clear, CB is not the one who initiated the purported Trademark Infringement. CB is merely the Third Party who will usually comply with any purported Trademark infringements concerning products/services they are brokering.

    Just check TESS, if they have no Trademark, they have no legal grounds to stand on.

    By the way, if you are serious about IM, you should [at the least] have Legal Shield; it used to be PrePaid Legal.
     
  20. drogon

    drogon Elite Member Premium Member

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    LOL thanks for the life lesson but i never said Clickbank initiated the purported Trademark Infringement! OP stated he got a letter from Clickbank stating the vendor wants him to take the site down. Now, Clickbank i would like to think can tell the difference between an email complaint generated by one of their Vendors and one coming from an outside source (eg an ex GF). So, why would Clickbank say Vendor made a complaint but get it wrong and actually its someone else claiming to be the vendor?!?

    However, there is always a small possibility this could be the case so yes agreed OP should verify with the Vendor both via Clickbank and Vendor direct that this is indeed a complaint from the vendor.

    However from my experience with CB, once someone makes a complaint they act swiftly to protect themselves hence why i made my suggestions.