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name and brand infringement (service mark) not trademark

Discussion in 'Black Hat SEO' started by jasonmbeamer, Mar 2, 2011.

  1. jasonmbeamer

    jasonmbeamer Junior Member

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    Godaddy suspended my account because of name and brand infringement

    but there is no trademark for (name) and a copyright doesn't protect names, titles, slogan or logo?

    http://www.copyright.gov/help/faq/faq-protect.html

    they say they have a service mark registered. Which i found out is like a trademark but for services. I did a search for that service mark but it's not in the database at the trademark website http://www.uspto.gov/
    but perhaps its not in the database because they registered it in 1925.

    I did all the normal research before I bought the domains. I searched for trademark and copyright. so what the hell. Do I have to hire lawyers to investigate all this shit every time I want to start a website?

    heres what they sent me

    (name) is a financial cooperative that
    has served since 1925. The (name) name and brand is service marked by the state of Minnesota (Registration #XXXXX) and has been
    featured for decades in official records, legal documents, communication
    materials, promotional materials, signage, etc.


    What would happen If i change my title to "We Are Not (name)" would I still be infringing on the service mark?
     
    Last edited: Mar 2, 2011
  2. tony23

    tony23 Regular Member

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    Godaddy are a BITCH don't let you get away with anything, I would never host through them, sounds like you might need a lawyer :eek:
     
  3. trudat

    trudat Registered Member

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    I've run into that a few times, not from the domain registrar but from corporate lawyers. Cease and deist letters saying this is our domain, transfer it to us or your screwed.

    I've looked around, researched and found that you're most likely out of luck. If they want your domain and have some sort of legal claim with lawyers to fight for it, then let it go. But, for future reference, the best advise i've received was to register any of those "questionable" domains off shore (assuming you are in the US).

    Good luck brother, keep us updated.
     
  4. jasonmbeamer

    jasonmbeamer Junior Member

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    can I still use the domain with the name in it to forward to a new domain without the name in it, or is this still infringement?

    I have 3700 backlinks to that domain ! what can I do about those backlinks ?
     
  5. jasonmbeamer

    jasonmbeamer Junior Member

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    Could I offer to sell them those 3700 backlinks to give them a major boost in google serps and that I would give them all the domain names with their servicemark ?
     
  6. Aaric

    Aaric Elite Member

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    In my opinion they will not pay you anything for back links. IF you go nice with them then they will bitch more on you. I wish some guy who experienced such situation come and post.
    Any body can register any domain according to laws. IF you got domain name then why did not they registered it before you. Transfer your domain to offshore and do not reply their request is one way.
     
  7. daveguy

    daveguy Power Member

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    They don't even have to have the trademark or service mark registered with the USPTO for them to have rights to it. As long as they can prove in court that they were the first to use the name in a tangible medium for commission, the trade and service mark are theirs, and you can be sued.

    Good luck
     
  8. jasonmbeamer

    jasonmbeamer Junior Member

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    Is there anyway to forward google but not everyone else through a 301 redirect. That way google will allow me to keep those backlinks but when the guys that own the servicemark name wont be forwarded.

    I have seen around BHW ways to redirect certain IPs and not others. You think this could work?
     
  9. coderjeff

    coderjeff Junior Member

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    The reason it isn't in the Federal database is most likely because it was only registered at the state level (Minnesota) and never registered at the Federal level.
     
  10. theromfinder

    theromfinder Registered Member

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    agreed, i think you are on the right on this one!!
     
  11. bobbys

    bobbys Regular Member

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    Never register anything at NoDaddy!