Quick legal question

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stadanko101

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Hey guys,

I bought a domain name at godaddy and used the page for landing from a google aw campaign. Problem is, I used a trademarked name in the advert and have received a request from a law firm to stop using the term. I used it for like 1 day as an experiment.

So, I have no problem agreeing to not use it, but where I would sign says "(my name), as representative for GoDaddy.com, Inc." GoDaddy won't tell me anything.

My question is, if I own a domain name through godaddy, am I representative of them?

Thanks....I don't want to involve a lawyer if I don't have to.
 
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stadanko101 said:
Hey guys,

I bought a domain name at godaddy and used the page for landing from a google aw campaign. Problem is, I used a trademarked name in the advert and have received a request from a law firm to stop using the term. I used it for like 1 day as an experiment.

So, I have no problem agreeing to not use it, but where I would sign says "(my name), as representative for GoDaddy.com, Inc." GoDaddy won't tell me anything.

My question is, if I own a domain name through godaddy, am I representative of them?

Thanks....I don't want to involve a lawyer if I don't have to.
Click to expand...

OK, (Uptown puts on barrister's wig!), you are NOT a representative of GoDaddy and don't try to act like it or they will have your ass.

Just be nice and stop using the domain and the legal vultures will go away.

Send them an email in which you apologise for any unintended infringement but do NOT admit to infringement!

They have more money than you and will eat your children if you argue with them!
 
Wow....thanks for the quick reply. They expect to have the signed letter by "January 5, 2008", so I'm already almost a year late!! ;) Maybe I should email them as you said, but note to them that'll I'll strike and initial the representative part then sign?
 
stadanko101 said:
Wow....thanks for the quick reply. They expect to have the signed letter by "January 5, 2008", so I'm already almost a year late!! ;) Maybe I should email them as you said, but note to them that'll I'll strike and initial the representative part then sign?
Click to expand...

If the letter is addressed to GoDaddy, send it to GoDaddy and ask them what to do.

Fuck with the lawyers a little but not too much.

Call them up and ask how they would like it handled and that will more or less re-start the clock.

Be nice though, even if they are pissy.

Lawyers are taught to be pissy, so expect it.

You essentially have no problems but lawyers get off on keeping you awake at night worrying.
 
ever use a rival company's name in your adwords campaign?
i did and got a C&D letter.

funny thing is, i see other people doing it.
 
Only grey area in infringement issues is claiming whatever it is you are doing is a PARODY. Parodies are legal, but if they can prove you are profiting from intended confusion amongst their consumers rather than a straight up parody of their name, logo, material, etc; you will be hanged. So if you feel you can pull off the parody stunt go, I dare you. Other than that I would move on to the next project after getting a C&D request. See if you can off the domain for a nice fee to someone offshore who will be too much trouble for them to deal with, or charge them a monthly fee to forward the domain's traffic.
 
Thanks Uptown,

After some research, I've found their trademarked names never appeared on a site I own. It did appear in an aw ppc ad.

I wonder if the trademarked word was only hosted on a Giigle site, could Giigle be drawn in as a responsible party?

I'm trying to figure out how to send some good Karma you're way.
 
Pimp...that's "theoretically" the situation. The name never appeared on my site, not once.
 
unravelled said:
Only grey area in infringement issues is claiming whatever it is you are doing is a PARODY. Parodies are legal, but if they can prove you are profiting from intended confusion amongst their consumers rather than a straight up parody of their name, logo, material, etc; you will be hanged. So if you feel you can pull off the parody stunt go, I dare you. Other than that I would move on to the next project after getting a C&D request. See if you can off the domain for a nice fee to someone offshore who will be too much trouble for them to deal with, or charge them a monthly fee to forward the domain's traffic.
Click to expand...

Thanks.Unravelled,

Don't quite understand what a parody is. An aw ad ran for a few days with the words spaced , no periods in the title. Also the display url showed it as a subfolder of the site. No mention of the name in the site at all.
 
stadanko101 said:
Thanks Uptown,

After some research, I've found their trademarked names never appeared on a site I own. It did appear in an aw ppc ad.

I wonder if the trademarked word was only hosted on a Giigle site, could Giigle be drawn in as a responsible party?

I'm trying to figure out how to send some good Karma you're way.
Click to expand...

Your kind reply is enough.

Thank you.

Uptown.

(John.)
 
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