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My Most Recent C&D is a Repeat Company

Discussion in 'BlackHat Lounge' started by BassTrackerBoats, Mar 2, 2017.

  1. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    Back in 2009 or 2010 an international company sent me a C&D for using their images and company name on a site that I monetized using adsense.

    They were one of my original C&Ds so I was a little rattled and took the site down because I feared losing that adsense account. I ended up losing that adsense account anyway because I spammed 5,000 posts a month on a well known classifieds site for several years and those guys complained to Google.

    The site at the time was only making about $1,500.00 - $1,800.00 a month anyway so it was not crippling.

    Fast forward to yesterday and we have the same company telling me that I am violating their marks and want me to give the site over to them.

    The monetization method is CPA and the revenue from last year was exactly $36,312.40 so this is going to be a bigger loss even if you factor in inflation, cost of living, etc.

    Also this is a subdomain as opposed to a stand alone site so if I shut the domain down I shut down a variety of ancillary revenue opportunities in the same niche.

    Not going to happen.

    I've redirected the subdomain to a generic offer in the same niche and told them that it was no longer taking advantage of their good name and will revert back to the original once in a month or so.

    Lesson learned:

    1) I lost a ton of money using adsense on this back in 2009/2010 as opposed to testing other methods to monetize.
    2) A C&D does not mean you have to abandon an opportunity you came across... just make a left turn and handle it differently.
    3) Prepare better than I did back in 2009/2010 as a subdomain redirected will solve the "problem" as opposed to having to shut a site down.

    Sometimes when you mess around in areas that are gray/black you'll have to prepare to bail or adjust in the event that the big boys catch you and try to hit your knuckles with a wooden ruler.
     
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  2. elavmunretea

    elavmunretea Elite Member

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    You go Greg!

    Some seller from BHW threatened me if I did not remove their name from my site, so I just redirected it to a blogspot and told them to fuck off.

    Guess some people don't want recognition for their work when it's pure shit.
     
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  3. blogzandstuff

    blogzandstuff Elite Member

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    Same sort of thing happened with me, no matter how long we've been in the business it's a learning curve
     
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  4. Reaver

    Reaver Jr. VIP Jr. VIP

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    This is why I'm exploring DMCA ignored hosting. It's not bulletproof but it should help.
     
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  5. Neon

    Neon Jr. VIP Jr. VIP

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    So true, just keep on hustlin and collecting them C&Ds, one day I might open a museum :D
    P.S if I had to listen to all their BS I would be broke by now.
     
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  6. I know SEO

    I know SEO Marketplace Mod Moderator

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    PM me please.
     
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  7. asap1

    asap1 BANNED BANNED

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    Good stuff.
     
  8. Sherbert Hoover

    Sherbert Hoover Jr. Executive VIP Jr. VIP

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    I have a client who had me move ~200 sites/domains to Orange Website based out of Reykjavik. 8/10 would recommend. They ignore DMCA, but I wish they had a chat feature.
     
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  9. Reaver

    Reaver Jr. VIP Jr. VIP

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    Wow.

    For me it's not exactly bc of copyright issues. I'm setting up a satire website and you know how easily offended people are. The satire will include high-profile public figures. So on the off chance someone actually does submit a complaint, it will be completely ignored.

    It's a shame we have to jump through all these hoops just to do something we love. I can definitely see someone thinking my site is fake news, even though it will clearly be labeled as satire.

    Gotta play it safe.
     
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  10. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    I want a link to that when you get that going.

    Sounds like fun.
     
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  11. Unreliable Witness

    Unreliable Witness Regular Member

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    I can sympathise with anyone who has built up a brand that is used by someone else without permission for their personal gain.

    Having said that...

    A lawyer who issues a C&D letter will always start with the most outrageous demands. Usually there will be threats as well. The legal position (in most of Europe at any rate) is that damages are limited to making good losses. You can't sue someone to punish them. Don't be worried that the world will cave in if you receive a C&D letter.

    My personal opinion is that asking you to cease is fair. Asking you to hand over an entire site is not.

    If you are asked to cease, the best option is give an immediate apology with some form of action. That is usually enough for the lawyer to justify to his client that his letter has had some effect. At that point switch your business model.
     
  12. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    That is not going to happen as I have a dozen subdomains that mimic this particular one and they all perform very well.
     
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  13. Reaver

    Reaver Jr. VIP Jr. VIP

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    Yep. If it works, stick with it.

    In the case of fake news or "borrowing" brands, I'm more inclined to side with the site owner. You're not actually hurting anyone, intellectually, financially or otherwise. It's not our fault people are morons, and you can't actually prove what we're doing is harmful to your brand. So fuck off.

    Btw, BTB, have you thought about DMCA ignored hosting?

    And @Sherbert Hoover thanks for the host recommendation. They are absolutely perfect. I'll sign up with them today.

    I've also bought a domain in a country that ignores DMCA. No .com or anything else that is controlled by ICANN. Again, got to play it safe.
     
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  14. Sherbert Hoover

    Sherbert Hoover Jr. Executive VIP Jr. VIP

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    I plan on stopping by their office while we are in Iceland to give 'em a high five from the greatest country on Earth.
     
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  15. MisterF

    MisterF Jr. VIP Jr. VIP

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    I was going to ask if you were calling in while across there.
     
  16. Alchemizt

    Alchemizt Regular Member

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    The dreaded c&d. Sorry to hear it. Just got one last week myself from "brand protection". Not lawyers, I assume in house. But my situations a little different as I registered a close variation of their brand name and domain (added the old s on the end lol). Luckily it was kind of a seasonal thing, more like a fad and by the time they caught up to me it was already done.

    Normally I don't mess with infringing domain names, but I knew this one would be a quick one and done that would pay out nicely for about a month or two and it did. I might actually share the method I used on here at some point in the near future. I should probably give it a bit of time though because to really explain it would help to share the brand name.

    Funny thing is they didn't ask for the domain or report it to registrar, they basically just said stop using it. So I just reset the name servers to default and hopefully that's the last I'll hear about it.
     
  17. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    My concern is that my revenue source would have an issue should this company complain to them as that has happened in the past and killed a very strong income stream that I had going for 20 - 22 months or so.

    If I ignore them they could just follow the money like CL did way back and that would blow chunks.
     
  18. Reaver

    Reaver Jr. VIP Jr. VIP

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    Whoa. Yeah, I could see how that would suck.

    Hmm. Makes me think.
     
  19. SilentKnight

    SilentKnight Junior Member

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    Has anyone thought to trademark every domain they own that is profitable?
     
  20. AceWallGromit

    AceWallGromit Regular Member

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    One income dries up and another opens up. Just repeat your previous schemes with new targeted products and other company names and images. Don't let a c&d campaign derail things!