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Pls Help Domain Copyright Infr

Discussion in 'Black Hat SEO' started by vickygarg, Jun 23, 2011.

  1. vickygarg

    vickygarg Power Member

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    Hey Guys I have a problem if you can help.
    I have a domain something like companyreview or discount.com and I got a email from my registrar saying some law firm has contacted them on behalf of the company and they are saying its under copyright infringement.
    Can u pls help me, what to do? How to go from here, they requested my details for further action, I am from india and its a us company, i have my registrar namecheap and hostgator hosting.
    Should I transfer my hosting provider and also my registrar to somewhere like russia so they can't do anything, what should i do, take the domain down or what.
    I have another domain mydomain.com/companysomething they said that is also copyright infringement how can that be? It is not copyrighted, maybe it had logos of the company thats why?, i have removed the pics, pls if u could help me in any way that would be great, thanks guys for all your help.
     
  2. _Biju_

    _Biju_ Junior Member

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    The United States Patent and Trademark office offers a tool to search their electronic database at: tess2.uspto.gov/

    It's simple as ABC
     
    Last edited: Jun 24, 2011
  3. ScrapeBoss

    ScrapeBoss Elite Member Premium Member

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    You may try to transfer to another registrar. Hope namecheap would be willing to release it.
     
  4. vickygarg

    vickygarg Power Member

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    They have asked for my details for further action what could I do? ANy rec on a good offshore registrar and hosting provider?
     
  5. agente808

    agente808 Regular Member

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    this one:
    they can't do anything about, they are just hoping they can scare you into taking it down.
    edit: if you had official logos on there, then the answer is that *maybe* it is copyright infringement, depending on 2 things: are you making money off of their trademark? could the use of the logo fall under "fair use" (you are discussing their company in a "news" style)?

    Hosting outside of the US would help, but the registrar can still grab the domain from you (godaddy is particularly bad about this). You can try it, but I seriously doubt the registrar will let you move the domain name now, after the C&D.

    I would say, just cut your losses and move on, and don't buy domains with brandnames in them in the future.
     
    Last edited: Jun 23, 2011
  6. kryseo

    kryseo Regular Member

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    You must be ranking quite high for them to take action. The next thing that will come your way after you give your details will be the lawyers letters and the CND letter asking you to transfer the domain to them.

    They will send the lawyers letters even if you are halfway round the world on the other side. If you do not want further trouble, then do as they say.

     
  7. vickygarg

    vickygarg Power Member

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    I have taken the logo off and yes it was about them, news and offers, They haven't given cnd yet so can i transfer? Should I redirect and have like 301 redirect from the company domain to my other site?
     
  8. agente808

    agente808 Regular Member

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    The C&D went to the registrar, not to you, which is why I don't think your registrar will transfer it.

    Sure, you could by a new domain name, put your old website on that domain, and them 301 the branddomain to your new domain until the branddomain is taken away from you (or for a couple of weeks, then give it up).

    nope, big companies monitor registrations for their brand names, you don't have to rank at all.

    I've made this mistake once, and gotten a C&D and had to give up a good, profitable domain. I was polite and friendly to the lawyers, and they were polite and friendly back. They even paid me back the $10 for the domain name since I was able to convince them that I had good intentions and that the site I had actually benefited their brand.

    ...in the end, this is a fight you can not win, get out of it as best you can, try to do so on good terms.
     
    • Thanks Thanks x 1
  9. Sacrilege

    Sacrilege Regular Member

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    They will likely file a UDRP complaint to have the domain transferred to them. It doesn't matter who your registrar is, all of them are required to comply with UDRP complaints in order to be registrars.

    To defend against a UDRP you will need to prove either:
    1. Fair use - meaning you used the site for educational, satirical, criticism, or another protected use.

    Or

    2. That you also have a legitimate claim to that name:
    For example that you are generally known as doing business under the same business name or that you otherwise have invested in branding that name separate from your connection with the other company. Generally speaking, if your site is about the other company, you don't meet this condition.
     
  10. vickygarg

    vickygarg Power Member

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    No I meant this site to my other older site will it be ok, more will they be ok with it?
     
  11. bulletservice

    bulletservice Regular Member

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    Any update on this? Don't you have privacy protected domains?
    Tell them that you have not used their brand name and not earning any kind of money off it. Let us know how it goes.
     
  12. agente808

    agente808 Regular Member

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    They will not let you keep the domain, and 301 redirecting it to another domain will not make any difference to the lawyers, they don't care what the domain is pointing at.

    The point of trying to redirect the domain would be to catch a little of the juice back, if google sees it as 301d then it will transfer some of the juice to the your other site. This is basically only worth it if the branddomain had a lot of good backlinks.
     
  13. agente808

    agente808 Regular Member

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    Having privacy protection won't help with this issue, they can get the domain from the registrar without knowing who you are.

    Haha, that would be pretty hard if the brand name is in the domain name :)
     
  14. bulletservice

    bulletservice Regular Member

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    So giving up on the domain will be the one and only option to him?
    It sucks!!
     
  15. dragonrage01

    dragonrage01 Power Member

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    Here are your choices.
    offshore isn't going to help.
    Everything is owned by the US in terms of domain names.
    If the domain has a copyright term, you will lose it.

    So this is what is going to happen. They will file to get the domain off your hands. It will cost them somewhere around $20,000 just to file a complaint.
    When they win, they will most likely sue you for damages. If it is proven that there are damages then you will have to pay an amount that is very high.
     
  16. agente808

    agente808 Regular Member

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    Yes

    "break the law, suffer the consequences"
    "ignorance of the law is no excuse"
    "life doesn't have to be fair"

    bulletservice: be thankful that you got to learn by someone else's mistake
     
  17. agente808

    agente808 Regular Member

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    Thanks to this is why the lawyers were more than happy to pay me $10 for the domain name when it happened to me :)

    You can at least try to get the registration fee back, might not work, but maybe it will :)
     
  18. vickygarg

    vickygarg Power Member

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    So my second site should be safe as i have taken off the logo?
     
  19. Sacrilege

    Sacrilege Regular Member

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    Udrp complaints cost a couple hundred dollars to file and you can't collect damages. It's just arbitration to seize the domain.
     
  20. Drink More Tea

    Drink More Tea Regular Member

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    Next time register them using a tld in a country which respects your freedom.