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Trademark infringment solution

Discussion in 'Black Hat SEO' started by webdanger, Feb 6, 2014.

  1. webdanger

    webdanger Newbie

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    Hi guys

    I recently received a trademark infringement notice for one of my domains which is under privacy protection. Its plain stupid, without giving away the trademark it doesn't make sense, but hell, its not the first case... I did not know where to post this so i posted it here.

    Do you know any registrars where i can move my site to, and not be stressed about being taken down? I heard there are registrars in India or places like that that follow their own legislation and they don't have any trademark laws, so technically i can still keep my domain alive.

    Thanks
     
  2. manking

    manking Regular Member

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    I'm not sure about this one, just because you transfer domain to another registrar doesn't mean you will be off the hook. Your site will still be indexed in the google searches and it will still violate the US or other countries laws, so if they are determined they can get your info from the other registrar too
     
  3. lover

    lover Jr. VIP Jr. VIP Premium Member

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    internet.bs is good offshore domain registrar.
     
  4. webdanger

    webdanger Newbie

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    Thanks guys, well the new registrar doesn't have to give any info, if within their borders, the trademark law does not exist.
     
  5. tony_d

    tony_d Elite Member

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    Check the hosting section here, some offshore hosts here do domain registration also,.
     
  6. JustUs

    JustUs Power Member

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    Just one little thing that you need to think about: ICANN is US controlled.

    There was a thread about Chanel seizing a Domain with a court order to serve a trademark infringement notice. The following link is about a Costa Rica domain being seized. http://www.theblaze.com/stories/201...put-clampdown-on-electronic-currency-company/

    As long as there is only one root domain registry and that registry is controlled by the US, no domain is truly safe from seizure.
     
  7. roamer

    roamer Power Member

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    Unlike offshore web hosts , all registrars will follow ICANN's rules, or lose accreditation, no matter where they're located. That means they won't ignore requests from third parties to disclose the identity of the registrant, and can even go as far as verifying the information is accurate - it's also a requisite now for all domains to have accurate information, even for domains using "private registration". BTW, "private" and "privacy" only mean that the registrar facilitates a way for you to avoid spam, and nothing else. They ALL can and will deliver the actual info to third parties upon lawful request.

    In case a registrar doesn't comply, the demanding part can easily go directly to ICANN and get the info anyways.

    Source: I used to have hundreds of domains (domainer), I still have a few dozen, and I've some experience, both first hand and from third parties (clients), including those related to trademarks and copyright as I'm also a developer and advertising creative.


    EDIT: I took so long to send my reply that the token expired. I see JustUs commented pretty much the same in the meantime :).
     
  8. webdanger

    webdanger Newbie

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    I transferred it to the Bahamas, thanks LOVE for the website, they said that unless the Tm'ers have a court order from the Bahamas, i am good to go, and they also said that is very difficult to get because they protect the privacy very hard, and i am sure they won't bother that much for this crappy domain.

    I now need to find some hosting somewhere :)
     
  9. JustUs

    JustUs Power Member

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    I think you are failing to understand. While the host may not reveal who is paying the bill for the hosting, to shut down a domain, the information from the host is unneeded. All that is needed is to show that an attempt has been made to contact the owner/operator of the site, that that attempt failed, and a suit filed in any United States District Court, a motion for alternative service and, an order to seize the domain to effect service.

    Also, unless you registered the domain with bogus information, ICANN WILL reveal ownership. If you registered a domain with bogus information, ICANN can shut the domain down without reason as a violation of their rules.

    ICANN is a United States controlled corporation. Because ICANN is US owned and controlled, United States law applies; the laws of other countries are immaterial. Then you have the fact of treaty obligations.

    To make a long story short, if you are violating trade/copy law and treaties and the offended company wants to hose you, then bend over and crack a smile because you will be hosed one way or another. Don't believe it? Look up Rojo Directa; they were one of the very few seized websites to win their domain back in US courts, and that took years.

    Also, the privacy protection in the Bahama's extends only to financial arenas.


    But believe as you will.
     
    Last edited: Feb 7, 2014
  10. webdanger

    webdanger Newbie

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    Sorry, i did not have time to go through that link. Bad times then.

    Can I at least forward my domain to another website to pass some juice? Or is this an infringement also?

    Thank you for helping out
     
  11. iglow

    iglow Elite Member

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    if its big comapny u cant win. just give it away. i did that to a few domains already. not worth trouble.