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What these guys can do ?

Discussion in 'BlackHat Lounge' started by mazzika1985, Oct 10, 2015.

  1. mazzika1985

    mazzika1985 Regular Member

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    I dont know how but with every website I make these guys(HARPO brandprotection)

    Send me email about my website content (Oz and Opera)

    this time i dont want to change in my website

    How dangerous this can be ?
     
    Last edited: Oct 10, 2015
  2. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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  3. Reaver

    Reaver Jr. VIP Jr. VIP

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    OP, am I to understand that Harpo, Oprah's brand, is contacting you about your website because it contains something about Oprah and Dr. Oz?
     
  4. mazzika1985

    mazzika1985 Regular Member

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    Yes they Contacting me about Oprah and Oz
     
  5. Reaver

    Reaver Jr. VIP Jr. VIP

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    And you want to know how serious this is? You're kidding, right?

    She's a billionaire. Her lawyers are probably bored millionaires on retainer.

    Do you really want to know what they can do to you? Leave the site up and find out.
     
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  6. mazzika1985

    mazzika1985 Regular Member

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    I am really Scared Now

    But I got email from Harpo Brand Protection

    Talking about both Oz And Opera
     
  7. Zwielicht

    Zwielicht Moderator Staff Member Moderator Jr. VIP

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    What exactly did the email say? Can you post an excerpt from it here?
     
  8. Reaver

    Reaver Jr. VIP Jr. VIP

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    You said every time you make a website they email you. This means you've done this at least two or three times, correct?

    What exactly is in the email they sent you?
     
  9. BreaknBrix

    BreaknBrix Power Member

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    The only thing to fear is not knowing what statutes you're breaking.

    #1, is the email signed by an attorney? If not, it's not legally authorized. If not legally authorized they're violating law statutes.
    #2, did they reference the specific statute or code? If no, they need to. But before asking, I'd find the code myself.
    #3, you didn't mention a word about what you're doing.

    What exactly are you doing? Orpah-Harpo has (allegedly) made false copyright claims before:
    http://www.prlog.org/12313272-oprah-harpo-false-copyright-infringement-claim-is-shocker.html

    Coming on here just saying "I'm scared" isn't gonna do a thing. If you are violating clear statutes I'd immediately stop what you're doing.
    On the other hand, if no statutes were referenced I wouldn't worry. Attorneys can't just say "you do bad", they need to reference what you're violating and if you told us that and what you were doing you could end this nonsense pretty quick.

    -BB
     
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  10. Reaver

    Reaver Jr. VIP Jr. VIP

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    I read that before I asked him what he was doing. Sometimes these companies get so overzealous they just go after anyone with a pulse. On the other hand, OP said he's been contacted by them multiple times, and he's tired of changing his website. :|

    This is all very...I don't know the word. It would help to see at least part of the email or to know exactly what he's doing.
     
  11. mazzika1985

    mazzika1985 Regular Member

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    Here is the email
    Electronic Notice of Claimed Infringement Via Electronic Mail 09-Oct-2015

    Dear Sir or Madam,

    Harpo, Inc. is the exclusive licensee and administrator of the trademarks and name and likeness rights of Ms. Oprah Winfrey and Dr. Mehmet Oz in the United States and throughout the world. As you are no doubt aware, Oprah?s and Dr. Oz?s trademarks are used to identify products, services, activities and events related to Harpo, Inc.

    The trademarks, emblems, words, videos, images and phrases of Harpo, Inc. are exclusively used by Harpo, Inc. and any other use by a third party constitutes trademark infringement.

    In connection to Harpo, Inc. proprietary rights over its famous trademark we are notifying you of the following:

    It has come to our attention that one or more of our trademarks appears as a video, metatag, keyword, image, visible and/or hidden text on your website(s) * http://tekopromo.xyz/garciniacambogia/?ckattempt=1* in the following URL(s) without having obtained prior written authorization from Harpo, Inc. This practice infringes upon the exclusive intellectual property rights of Harpo, Inc.

    Infringing URL(s)
    http://tekopromo.xyz/garciniacambogia/?ckattempt=1

    By using the intellectual property belonging to Harpo, you have intentionally attempted to attract Internet users to your web site(s) or other online location(s), by creating a likelihood of confusion with the Harpo, Inc.?s trademark as to the source, sponsorship, affiliation, or endorsement of your web site(s), online location(s), products or services.

    We trust that you will remove all content including trademarks presently appearing on the above-cited web site(s) and any other web site(s), or draw this issue to the attention of the appropriate person(s).

    As part of our Harpo, Inc. Trademark Enforcement Program, be assured that we will continue to monitor your web site(s) to verify your compliance with this letter. Failure to do so will force us to defer this issue to our legal department for further actions.

    Sincerely,
    Harpo Brand Protection
    [email protected]
     
  12. Zwielicht

    Zwielicht Moderator Staff Member Moderator Jr. VIP

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    I tried looking for information about the e-mail possibly being a hoax, spam, or scam, but I found nothing. There isn't even a duplicate of the e-mail anywhere else on the Internet, so it appears to have been typed up just for you (with the exception of specific parts of the e-mail as shown in the links below).
    https://law.resource.org/rfcs/asme.20130306.pdf
    https://www.techdirt.com/articles/2...-cd-claiming-unauthorized-trademark-use.shtml

    I've never received one before, but it looks like a legitimate cease and desist order to me. So, to answer your initial question about what they can do if you don't remove the infringing content, I'll put it to you this way: it'll look like that scene 20 minutes into the season 5 premiere of American Horror Story (okay, they may just keep sending letters until you respond, but they've sent you multiple letters already).

    http://blogs.findlaw.com/law_and_li...-cease-and-desist-letter-what-can-happen.html
     
    Last edited: Oct 10, 2015
  13. srb888

    srb888 Elite Member

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    I think if that link is indeed your site, then that letter will make you sit on dynamite soon. Take proper legal advice, and undo what you're doing to her. lol

    I feel that the site is an 100% abuse of her copyright, whatever it is, and if you don't have her written permission for doing it. :)

    Sorry, this is only an (personal) opinion. Better you only contact a great lawyer now, who can put an end to her abusing whatever rights are left with you now. hehehe
     
  14. BreaknBrix

    BreaknBrix Power Member

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    Wait... do they own the name "Cambogia"? Cause the salespage is using it. If you're promoting their product (which they're doing legally) you should definitely be able to use that name.

    I'd change the OZ logo by placing the Z over the O. Or just using the letter "O". I know Orpahs logo (did you even see the mispelling? lol) is the letter O but owning trademarks on a letter ... I'm not sure you can do that. Maybe the expressive design of a letter but owning a letter doesn't sound right. Then remove doctor & show from the logo, Oprah, Dr Oz video. Remove all the clearly trademarked shit. Then I'd find an Oprah look alike and do some photoshopping. Then instead of Dr Oz use Dr Swayze. He's an exact look alike. It's still not legal but unless Harpo owns that lookalike they can go fuck themselves.

    For a video, I'd honestly do it myself. I'd dress up as a doctor and interview someone in a setting with a blue background. Or pay someone on fiver.

    The thing with trademarks is the word "expression". If they believe you're "expressing" their trademark they can still fuck with you. But I don't like bending over to these big brands. You are very clearly breaching trademark. My point is, you should still be able to convert traffic extremely well with some creativity.

    -BB

    ps. I once got attacked by a major franchise in the US for using their logo in a YT video where a customer complained their company destroyed a part of her home. They intimidated me for months using all sorts of techniques to get the video down. But I knew I was right and wasn't doing anything illegal. I merely recorded a video in someone elses house filming their "system", that system had that franchises logo. They were the ones who fucked up her house. They wanted it down. It's still up today.

    pss. My situation was very different from yours lol.
     
    Last edited: Oct 10, 2015
  15. mazzika1985

    mazzika1985 Regular Member

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    Yes I will Remove All the violated Stuff From the Website And See

    But i Believe that they will Keep Sending Automatically
     
  16. mazzika1985

    mazzika1985 Regular Member

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    No they Don't Own Cambogia
     
  17. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    Why should someone be afraid of them, the worst that can happen is that you lose a lawsuit and you really don't have to pay up.
     
  18. mazzika1985

    mazzika1985 Regular Member

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    I Don't want to go to Jail Or Pay Amount of Money
     
  19. srb888

    srb888 Elite Member

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    A little late, don't you think so!


    Jk :)
     
  20. Reaver

    Reaver Jr. VIP Jr. VIP

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    True. You can't squeeze blood from a turnip. But who wants to go through the hassle of court proceedings, or even knowing that you're being sued? Just comply and take the site down. Less stress.