If you are new to domains and looking to buy, sell and learn about domains then you have come to the right place. DNForum is the largest domain name community on the internet and continues to grow every day. There are over 105,000 domainers on DNForum doing everything from buying domains, selling domains, learning about domains and discussing domains. Take a minute and Register.
Register Today on DNForum IT'S FREE!
I got this package from WIPO the other day and it tells me that "This company" wants 4 of my domains because of trademark infringement and because I allegedly charge money for their copyrighted software program.
First, I admit, 2 of the names are strikingly similar, but 2 names are not.
Second, I do distribute their software, but I do not charge for it.
I have until the 14th of June to respond. I just got this business going at it is making $350/day and I don't want to lose the domains or I will have to start all over again and it took me 3 months to build.
Please help me.
Oops, I forgot to mention that "This company" doesn't even own a trademark.
Last edited by MilkyLicker; 06-07-2004 at 01:37 AM. Reason: Forgot something
"This company" doesn't need to have a registered trademark, if they have been doing business under a certain name for long enough they will have common law trademarks automatically.
How do you make money on this site, if you are not charging for the software? If you are distributing pirated software, you could lose much more than just a couple domain names, you could be sued for hundreds of thousands of dollars. The fact that you are making $350 per day is highly suspicious to me.
Kazaa is finally coming after you then? I doubt you have much chance of holding onto the names.
Dan Norder
Werewolves.com, Inklings.com, OtherWoman.com and more
I thought you said you "need an attorney". If you are making $350 a day, you should have no problem hiring a good one. Good luck.
Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism in his #multimedia portfolio. His early works include an experimental adaptation of Chekhov’s Cherry Orchard inspired at least partly by Robert Fripp. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management.
How do you make money giving away software?
Do you charge for access to a website, then "give" away the software? Are you dealing in warez??
How do you distribute software you don't own, yet not charge for it?
If you need billing options and alternatives for your mainstream or adult websites, visit Other Billing Dot Com
"Oops, I forgot to mention that "This company" doesn't even own a trademark."
If "this company" is the one which provides a program, known by a name that doesn't mean anything in any language, and that is downloaded 300 million times annually, then they almost certainly own a trademark.
"How do you make money giving away software?"
Several ways -
1. Bundle it with scumware.
2. Pop-ups and ppc ads on the site, which uses the name as a draw.
3. Charge for support.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
<<<I thought you said you "need an attorney". If you are making $350 a day, you should have no problem hiring a good one. Good luck.>>>>
I did say that I need an attorney, and I didn't say that I couldn't afford one. The whole point of this thread, was to find an attorney who deals with trademark disputes and domain names, to hire.
<<<<<<<<How do you make money on this site, if you are not charging for the software? If you are distributing pirated software, you could lose much more than just a couple domain names, you could be sued for hundreds of thousands of dollars. The fact that you are making $350 per day is highly suspicious to me.>>>>>>>>
Is my method of money making relevant? I wasn't asking if anyone thought that I was doing business legitimately, I need help with domain names that are not even similar. That is all.
<<<<<<Kazaa is finally coming after you then? I doubt you have much chance of holding onto the names.>>>>>>
Yes! Doing your homework huh? Wish I had done my homework in highschool, cuz then I would have probably gone to college which would have cost $50k to get a job that paid $30k per year. Anyway, I have some domains that are similar to KaZaA and I know that they can take them, and YES they have every right to and I know that. That is not what I need help with. I need help with the domains that are NOT an infringement on their name.
<<<<<<<<How do you make money giving away software?
Do you charge for access to a website, then "give" away the software? Are you dealing in warez??
How do you distribute software you don't own, yet not charge for it?>>>>>>>
1. That is not the point of this thread.
2. NO and NO
3. I put it on my website.
<<<<<<If "this company" is the one which provides a program, known by a name that doesn't mean anything in any language, and that is downloaded 300 million times annually, then they almost certainly own a trademark.
"How do you make money giving away software?"
Several ways -
1. Bundle it with scumware.
2. Pop-ups and ppc ads on the site, which uses the name as a draw.
3. Charge for support.>>>>>>>>>>>
I have done trademark search and the term kazaa, as of right now is not trademarked. As far as making money, none of the above are correct.
And, I already knew in advance before I ever registered the domains that they would eventually take them. THIS IS NOT THE ISSUE I HAVE, I need help with domain names that are not infringing on their "trademark" and what do all of these other questions have to do with that. Yes I can afford an attorney and I thought I would come here to find an attorney who was experienced in this type of thing, I didn't come here to get bashed. Hey if you don't want my money, I am sure I can find someone who does.
Please stick to the topic at hand, which is the fact that a company is trying to take domains that are not similar to theirs and do not infringe on any trademark. One is actually an incorporated business. The domains that are an infringement should be taken away from me, and rightfully so. I agree with this, but my business practices have nothing to do with these other domains.
Thank you.
you are clearly using the name in bad faith.
if you weren't using it for commercial use, then you might have a case.
but you are.
i dont see how you would be able to keep these names, but I'm not really familiar with the laws.
these are the kind of things that would give domainers bad names.
registering a typo of a name, making money off the products the company is selling when that itself isn't allowed, etc.
I do not support what you are doing at all, extremely unethical, but I guess you aren't looking for these sorts of comments so let one of the lawyers advise you on what to do if you feel the need to pursue this further..
Whether those domains infringe on any trademark or not is NOT really your call. Frankly, I don't think Kazaa would waste time and money on names that are CLEARLY unrelated to their operation. As for admitting to registering and using other trademark-infringing domains related to this case, it actually has everything to do with if you are acting on bad faith or not. I don't know if I should wish you good luck (because of your business practice); but hey, I'm a nice guy, so good luck anyway.Originally Posted by MilkyLicker
Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism in his #multimedia portfolio. His early works include an experimental adaptation of Chekhov’s Cherry Orchard inspired at least partly by Robert Fripp. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management.
I will say this once more. I have 2 domains that do in fact infringe on their "trademark". I know this and I did this on purpose and YES, they have every right to them. I am not denying this fact. I did this on purpose and YES I should be held liable. However, I have 2 other domain names that DO NOT infringe on their trademark and are not in competition with them in any way. These are the domains that I am concerned about. Is this too hard to understand? Am I not putting it clearly enough for you to understand? My business practices, however unethical they may be or seem, have nothing to do with these other 2 domain names. That is the problem I have. I don't have a problem with them taking the infringing names!!!!!!!!!!!!! This post is not about the infringing names!!!!!!!!! The names that ARE infringing on their "trademark", are NOT the ones in question!!!!!!!! Also, nametower, aren't you like 16 years old or something? Not that that is a bad thing, more power to you. It's just that I need advice from an attorney or the services of one and you would have had to have bee like 8 years old when you started law school. I don't care how you feel about what I do, it has no bearing on this matter. The way I do business is none of your concern. I have asked for an attorney and you are not one, so please keep your comments to yourself and stop crapping in my thread.
LOL, so what?? I'm pretty sure all the points I made were valid, and any ethical person would agree with me. Age is irrelevant in this matter, yet for some reason you bring it up.. Why is that?
I would be suprised if any lawyer would volunteer to help your "cause" by giving free advice.
A lawyer's time is quite costly.
Why would they claim to these "other names" then?
if they have the word kazaa then they have no right.
if you are redistributing their software on these domains that have no relevance then maybe there is some confusion..
your best situation:
if they are indeed totally irrelevant to Kazaa ie. FreeMusicDownloads.com, then maybe you should agree with them that you will stop what your doing, give them back the two infringing names, and keep the others.
I don't know..
Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism in his #multimedia portfolio. His early works include an experimental adaptation of Chekhov’s Cherry Orchard inspired at least partly by Robert Fripp. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management.
Jordan, again I am repeating myself and this is getting annoying. I AM NOT ASKING FOR FREE LEGAL ADVICE, AS I HAVE SAID ALREADY, I CAN AFFORD AN ATTORNEY!!!! What is so hard for you to understand about that? I can afford an attorney and am not looking for FREE legal advice. I can afford an attorney and am not looking for FREE legal advice. I can afford an attorney and am not looking for FREE legal advice. I can afford an attorney and am not looking for FREE legal advice. I can afford an attorney and am not looking for FREE legal advice.
Hope you can read it this time. I think I might have put typed it in enough times this time for you to maybe understand that I am not looking for free legal advice, I am just looking to find an attorney who specializes in these sort of disputes. Please stop crapping my thread!!!!!!!!
I have talked to their attorney and I have no problem giving them the domains that infringe, but I do have a problem giving them the names that are irrelevant to this specific case. They have not responded. Now when you pass the bar exam, I will be happy to discuss this with you in further detail and more than willing to pay you for your time, even if you are 17 years old when you pass it. Until then, please keep your comments to yourself, as I am looking for an attorney and you are not one.
Although I don't support it, for some reason it seems more clear now that you just want a lawyer who deals with this sort of law, and don't care about the ethics regarding this case.
looks like posts were edited to make this more clear...
sorry for the confusion, I just don't like what you're doing.
My advice:
You're not going to find a lawyer on DNForum - open your local telephone book / yellow pages to find a lawyer in your area to speak with. All you will get on a bbs is the kind of posts you're complaining about.
One thing that differentiates DNForum from other "bbs"'s is that we DO have a few top-notch attorneys in this specific area hanging around here. And one of them, John Berryhill, has already posted in this thread.
Profoundly influenced by #Bauhaus, @Nameslave unrepentantly embraces #Minimalism in his #multimedia portfolio. His early works include an experimental adaptation of Chekhov’s Cherry Orchard inspired at least partly by Robert Fripp. His totally irrelevant M.Ed. dissertation examines Organizational Culture and Change Management.
Well then I stand corrected, that's good to knowOne thing that differentiates DNForum from other "bbs"'s is that we DO have a few top-notch attorneys in this specific area hanging around here. And one of them, John Berryhill, has already posted in this thread.
Good luck with your case, Milky
Thank you. Please close this thread.
I hope someone forwards off this info to Kazaa so they can go for the $100,000 fines for violating the US AntiCyberSquatting Act, which you have now admitted to breaking.
Most lawyers avoid idiot clients like you, as your arrogance and stupidity makes it impossible for them to plead your case.
Dan Norder
Werewolves.com, Inklings.com, OtherWoman.com and more
"You're not going to find a lawyer on DNForum"
Oh, the irony.
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
Posting Permissions
View Profile
View Forum Posts
View Forum Threads
View Friends
View Blog Entries
Bookmarks