Avoid Myspace domains!!

[fryman04]

I keep seeing people offering domains and sites with the trademark "myspace" in them. Better think twice before buying one of these... Fox is on the loose and hitting them hard... one of the big guys out there just got a nice C&D letter

http://www.myspacesupport.com/sue/

 

[maroulis]

ouch! this was TOTALLY Expected and may explain why the sudden rush by everybody here to dump the typos of Myspace.com domains...

my question though is the following - does one remain liable even if name is resold given the C&D was already served to them? I'd imagine so don't you think?

 

[GT Web]

I called this a week ago and got called all sorts of names by a certain forum member here because of it.

Good to know my assumptions were correct.

 

[CashCowDomains]

..

 

[fryman04]

He gets a shitload of visitors and must be earning quite a nice amount of $$ with that site.

But I am sure it won't be enough to fight against FOX... really dumb move, I agree.

 

[Focus]

Obviously this developed website and any myspace "typos" are completely different and unrelated...you can clearly see that they are concerned and fixated on the fact that the site uses the TM term "myspace" in it (like i have said before might be risky) and even uses their logo! This was bound to occur with such a strong disregard of common sense, there are hundreds of sites like this and none of them I have seen before look anything like this one..this site is just begging for it (a lawsuit) from what I can tell...If I came across this site I might think it was run by myspace too judging from the logo and set-up..definitely brand diluting...

This was like a month ago the first letter was sent from reading the info, this is not uncommon imo and this stuff happens all the time esp with a site this blatantly infringing...this does not mean you should avoid typos or that anything is different...I would just avoid domains with the term "myspace" in them...like I have always said in other posts since any of this came to light that fox may be pursuing ones that are a big detraction from the real site...

 

[VisualDigits]

I agree with Mocus on this one. That site is clearly infringing the myspace tm. It looks as if it was run by FOX itself.

 

[Focus]

Thank you... I am not "pushing" any myspace domains..but I still do not feel that there is any "mass exodus" or sales being caused by global C&D letters on typos as was suggested by another certain member (which is only adding to confusion about this matter)....this info has now come to light about this site and possible legal issue only because there was tension in the air over myspace domains right now and people are digging, Disney has taken hundreds of domains over the years, we still buy and sell disney typos all the time and there never seems to be a problem..same with google earth domains, etc...TM infringing domains and typos are totally different things and typos are much harder to pursue and in most cases not worth the time, energy or money it would take to do so..this site in question is a BIG TIME site that most likely makes alot of PPC revenue and would surely detract from the real one and is violating their trademark and even using their logo...just plain stupid imo..

I would and will buy a $5,000 typo all day long with no worries...but not one that has the word "mypace" in it...like "PimpMyspace", etc.

 

[bk`]

IANAL of course, but to my understanding the usage of "Myspace" in a domain/site like that falls under nominative fair use. Someone more versed in the law want to correct me on that?

They definitely have a case relating to his usage of the logo though, that was a pretty silly move.

 

[GT Web]

I like how Mocus keeps telling himself its only other people that get C&D's...

The sh*t has begun to hit the fan for MySpace typo owners...

 

[maroulis]

In all fairness GTWeb it's just an assumption... I don't personally think it was the logo that pissed Fox off.. there are countless cases of typos receiving C&Ds from TM owners and everyone who's been selling typos of myspace for some reason always mentioned "not received anything, can't guarantee" which to me is fishy...

 

[GT Web]

There was another DNF member who explained he got a C&D from MySpace as well, plus there were all those MySpace typo domains that suddenly became for sale, dozens of high traffic name all at the same time.

 

[Rarethings]

I think mocus is right on this one for the most part. Myspace can't go after an muspace.com because it doesn't have myspace.com in the name. Using myspace in the name is basically asking for a C and D.

 

[GT Web]

thats like saying Google can't go after Gogle.com because it doesn't have "Google" in the name :dead:

there really isn't much point to this thread, its just a re-make of the thread Mocus and I spent too much time arguing in...

 

[SouthernTn]

Alot of people are using his site.. and just to make this guy even dumber, he put a " Tired of Myspace? " Link to someone else.. Could have pissed them off even more.

 

[GT Web]

I agree this guy wasn't smart with his domain name choice, or his use of the MySpace logo, or that link he put up, or his response to the lawyer's letter.

Hmmm, maybe he just wasn't smart period.

 

[Luc]

classic idiot 101. could have made a fortune if he shut up and played by the rules, instead he wanted to show off and got shut down.

 

[TheLegendaryJP]

Ya something was fishy this last week.

 

[britishbulldog]

Simple if anybody wants to mess with the tm law just have a site registered and hosted in timbucktoo,it will take them a long while for them to shut it down if they ever can ! LOL

 

[Focus]

the problem was probably not even the domain to be honest with you but their blatant disregard for the the real trademark and brand..and attempts to look like the real site...that's a big no no, the last myspace typo or anything related domains I bought (before I sold them) I asked the owner for confirmation by email that they had gotten no C&D letters up until that day...I also assured this to the last buyer of one of my related domains, as it was the truth...if anyone put up anything for sale it was most likely NOT due to a C&D letter of any sort..esp. considering that their reputation as a seller would be severely hurt if they did that to someone...I know for the most part (myself included) the people I saw selling myspace "typos" were established and trusted DNF members and most likely would not do that to a buyer here!