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Old 02-28-2003, 04:16 PM   #1
extreme
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domaintrouble

Heh, a friend got a "threatmail" from Mattel about one of his domains, barbiteen.com. They want ...

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In addition to pursuing whatever rights it may have under law, Mattel demands that by the close of business on Thursday, March 6, 2003 you
(i) immediately stop using the domain name barbiteen.com;
(ii) transfer ownership of that domain name to Mattel, Inc. and
(iii) provide an accounting for the sales and profits from your web page.
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Comming from europe Im no expert in how theese matters work in the states. (domain bought and hosted in america, using an american sponsor). Actually, they just mailed his sponsor and not him.

Any lawheads on the board .. what do you think?
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Old 02-28-2003, 04:17 PM   #2
freeadultcontent
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Make sure it is a teen site, then make sure it has pictures of girls named barbi on it.
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Old 02-28-2003, 04:19 PM   #3
funkmaster
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... wow, I received my first c&d of matel way back in 96 ... barbie is a NO NO ... drop that domain ...
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Old 02-28-2003, 04:20 PM   #4
LiveDose
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Quote:
Originally posted by freeadultcontent
Make sure it is a teen site, then make sure it has pictures of girls named barbi on it.
What he said. Hopefully he already has a page up on the domain.

Or create an acronym for the 'barbi' part. Make sure it has nothing to do with dolls or toys....
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Old 02-28-2003, 04:20 PM   #5
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It depends what he has invested. If he has a lot invested in the name, it seems like he could fight and win. They didn't invent the word barbie, he spells it different, and he's not in the same business they are.

On the other hand, if he doesn't have much invested, and he doesn't want to spend $1000's defending himself, he could just delete the domain and ignore the letters. They possibly could, but almost certainly would not, continue to harass him if he just deletes the domain.

What he should not do, under any circumstance, is reply to them without talking to a lawyer.
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Old 02-28-2003, 04:21 PM   #6
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Quote:
Make sure it is a teen site, then make sure it has pictures of girls named barbi on it.
One other detail:

Mattel's BARBIE has an "e" on the end of it. Mattel is simply trying to scare the shit out of yur friend and not have to pay for anything. Tell Mattel to go get bent. There is no copyright infringement (maske doubly certain of this prior to replying to Mattel) here, it's just a site name that isn't even spelled like their silly bitch toy. There was no reference indicated to Barbie or mattel, just a teen smut site with a chick who happens to have the name of Barbi.

Then ask if everyone who has the name Barbara (*nickname= Barbie, Barby, Barbi, Barb*) can be sued for copyright infringement as well.

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Old 02-28-2003, 04:26 PM   #7
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Quote:
Originally posted by Mr.Fiction

What he should not do, under any circumstance, is reply to them without talking to a lawyer.

Wow! We agree on something...
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Old 02-28-2003, 04:28 PM   #8
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No money invested in it so it doesn't matter much to him if he looses it.

But still ... if its not nessesary why take it in the ass from mattel? ;)

He's awaiting his sponsors thoughts right now before he makes a move.
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