Blockbuster claims one of my domain name ... what can I do ? - GoFuckYourself.com - Adult Webmaster Forum

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asl

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#1

Blockbuster claims one of my domain name ... what can I do ?

08-18-2006, 01:04 PM

I received a letter from Blockbuster attorneys saying that my domain: bloxbuster.com was too close of their domain name and that I had to transfer it to their client !

What do you think about this ? what should I do knowing that I'm based outside USA

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#2

08-18-2006, 01:07 PM

dont do a damn thing.

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#3

08-18-2006, 01:08 PM

You mean they didn't like the porn you have up there now?
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#4

08-18-2006, 01:08 PM

Way too frivolous.

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#5

08-18-2006, 01:09 PM

you non-americans always crack me up

we're not the fucking world police

flick us off & carry on!

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#6

08-18-2006, 01:10 PM

they will udrp the domain and take it probably. i would if i were them and i have on xxxpays.com sexpays.com phonesexpays.com maxpays.com and will side with the tm holder on this one. icann and domains do not afford protection to those residing in foreign locations in regard to tm infringement btw.

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#7

08-18-2006, 01:11 PM

tell'em to eat your ass with a spoon
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#8

08-18-2006, 01:29 PM

pretty gay on their part

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asl

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#9

08-18-2006, 01:31 PM

pretty gay on their part

Yeah indeed. But what should I do ? waiting for them to sue me ?

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#10

08-18-2006, 01:36 PM

Was it an official letter? What did they threaten? They said you "had to transfer it to their client".. or WHAT?? They'd get mad?
Not enough info I dont think.

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#11

08-18-2006, 01:44 PM

hold on to it!

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#12

08-18-2006, 02:29 PM

rent a DVD

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#13

08-18-2006, 02:31 PM

Originally posted by adultfora

rent a DVD

and dont return it...mwahaaa
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asl

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#14

08-18-2006, 02:38 PM

Blockbuster ain't even present in my country so I can't rent a DVD ;)

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#15

08-18-2006, 02:46 PM

tell them to fuck off... bloxbuster.com is not blockbuster.com... i doubt they have the trademark for bloxbuster.com.. if they do you are fucked... tell them to fuck off and fight it...
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asl

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#16

08-18-2006, 03:20 PM

The pdf they sent me is here : http://www.bloxbuster.com/bloxbuster.com.pdf

They say it is a misspelling of blockbuster and I doubt they can win a case with that as there are two different letters.

Let me know what you think I should do. Thanks

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#17

08-18-2006, 03:21 PM

Originally posted by asl

The pdf they sent me is here : http://www.bloxbuster.com/bloxbuster.com.pdf

They say it is a misspelling of blockbuster and I doubt they can win a case with that as there are two different letters.

Let me know what you think I should do. Thanks

so it must be a coincidence that the name looks and sounds like theres. tough argument to prove..

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#18

08-18-2006, 03:26 PM

You've got to be joking right? Bloxbuster and Blockbuster sound the exact same... You have no case. You hand it over or they'll take it.
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#19

08-18-2006, 03:29 PM

request 500$ and give it

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asl

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#20

08-18-2006, 03:32 PM

Well in french it doesn't sound the same at all :/

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#21

08-18-2006, 04:06 PM

Its just a scare tactic. I would tell them to fuck off and not waste my time. Or if they want to sue you, enjoy it, they will lose anyway.
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#22

08-18-2006, 04:09 PM

Originally posted by XPays

so it must be a coincidence that the name looks and sounds like theres. tough argument to prove..

Do they have a trademark for bloxbuster?
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#23

08-18-2006, 04:16 PM

icann is american, like xpays says, if they want it, they will get it. This is just an attempt to avoid wasting time with icann to see if you will just give it up.

Tell them you have invested alot of time and would like 2000 for it, they would spend alot more on lawyers drafting shit to send to icann.
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#24

08-18-2006, 04:21 PM

Answer the obvious, when you were registering this name were you thinking of Blockbuster?
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#25

08-18-2006, 04:21 PM

start a company called BloxBuster and trademark it

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#26

08-18-2006, 04:26 PM

Reply, Thank you for your interrest in my domain name. This domain generate 120$ per month. If you want to purchase the domain i will let it go for a year of revenue.

Your name.
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#27

08-18-2006, 04:37 PM

it probably does help you that blox is a word:

blox

A visual language.

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#28

08-18-2006, 04:48 PM

Originally posted by asl

The pdf they sent me is here : http://www.bloxbuster.com/bloxbuster.com.pdf

They say it is a misspelling of blockbuster and I doubt they can win a case with that as there are two different letters.

Let me know what you think I should do. Thanks

I would think they'd need a better case than it being a misspelling..
Don't know how anyone would type x instead of ck when typing blockbuster..

It's a different spelling not a misspelling.. and you don't rent movies..

But.. I'm sure you're really affecting their business with your site..
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#29

08-18-2006, 04:51 PM

Block Buster was a common phrase before the video chain was even created. I don't think they have a case.

I've trusted my sites to them for over a decade...

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#30

08-18-2006, 04:53 PM

Originally posted by asl

I received a letter from Blockbuster attorneys saying that my domain: bloxbuster.com was too close of their domain name and that I had to transfer it to their client !

What do you think about this ? what should I do knowing that I'm based outside USA

"bloxbuster" is not even close to "blockbuster", dont hand it over.

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#31

08-18-2006, 04:54 PM

tell them to fuckoff

try to get some publicity from this!

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#32

08-18-2006, 04:54 PM

It's not going to be worth their time to pursue it, I'd make them a offer to buy it for the amount of time you have invested in the site if you are really worried about it.
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#33

08-18-2006, 05:00 PM

I would tell them to go suck a cock. I was managing few domains for my boss (Rick Latona) when we recieved a email from a certain company(which will remain nameless) They tried to threaten us with their legal representation. Rick told them to kiss his ass he's got lawyers as well. That was over a year ago. They have never called, emailed, or mailed the office.

P.S. in short tell them to FUCK OFF They are trying to scare you.

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#34

08-18-2006, 06:23 PM

write them a very polite letter

Something like

Dear Lawyers name

While doing a prelimanary search on the trademarks you presented the scope of your trademark was defined as

"PROVIDING INFORMATION SERVICES TO MULTIPLE USERS VIA THE WORLD WIDE WEB OR THE INTERNET OR OTHER ON-LINE DATABASES, IN THE FIELD OF MOVIES, FILMS, MOTION PICTURES, DIGITAL VERSATILE DISCS OR DVDS, VIDEO DISCS, PRE-RECORDED VIDEO CASSETTES, AUDIO RECORDINGS, ELECTRONIC AND COMPUTERIZED GAMES; RENTAL AND COMPUTERIZED ON-LINE RENTAL SERVICES OF MOVIES, FILMS, MOTION PICTURE, DIGITAL VERSATILE DISCS OR DVDS, VIDEO DISCS, PRE-RECORDED VIDEO CASSETTES, ELECTRONIC AND COMPUTERIZED VIDEO GAMES, INTERACTIVE SOFTWARE AND ASSOCIATED HARDWARE FEATURING HOME ENTERTAINMENT AND CONSUMER ELECTRONICS"

do some research on the word blox ( i think it the slang word for the g spot)

make sure your site does not promote anything within the scope of that trademark.
and then ask them for a clarification on why they believe anyone would honestly come to the conclusion that blockbuster has anything to do with bloxbuster.com given the fact that the operation of the site is completely beyond the scope of the trademark.

Whatever you don't offer to sell the domain.

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#35

08-18-2006, 06:42 PM

I wouldnt let it go but if your truly worried sell it to em for a few grand.

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#36

08-18-2006, 06:52 PM

Originally posted by SPeRMiNaToR

tell'em to eat your ass with a spoon

What he said!

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#37

08-18-2006, 07:19 PM

Originally posted by pr0

you non-americans always crack me up

we're not the fucking world police

flick us off & carry on!

write back saying that... lawyers are the biggest retards to exist. i've been threaten by a lawyer to give up a domain or they'll sue for 1million... i pretty much said whatever. really if you're not ever an american tell them you don't know what a blockbuster is
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#38

08-18-2006, 07:31 PM

Originally posted by dvd316

I wouldnt let it go but if your truly worried sell it to em for a few grand.

Whatever you do, don't initiate the sale...Let them ask you to sell it to them.

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#39

08-18-2006, 07:31 PM

Originally posted by pr0

you non-americans always crack me up

we're not the fucking world police

flick us off & carry on!

Did you tell Bush that?

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#40

08-18-2006, 07:31 PM

These large corporations have a large budget that they pay to enforce their trademarks. Almost always, its not worth the expense of defending yourself and you may think they're wasting their time, but they're just doing as their told from their client, and that's defending infringers. Let's face it, the domain was registered in bad faith and shouldn't be hard to prove. Save yourself the trouble and give it to them. It'll be less stressful than defending the name which probably makes just about the renewal fees its worth if that.

Just weigh the revenues it brings in versus the cost of defending it and you should realize what the right thing to do is.
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#41

08-18-2006, 07:37 PM

sell sell sell BIG MONEYS

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#42

08-18-2006, 07:40 PM

Don't write back, don't contact them ... Don't give them any amunitions against you

They sent you a scare letter ... file it.

Now, if they really want the domain, they will have to show their cards, produce a real case ... They are still at bat ....

I know that Asspimple is stoopid ... As he says, it is a FACT !

But I can't figure out how he can breathe or type , at the same time ....
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#43

08-18-2006, 07:43 PM

fucking so call shmuck isn't even licensed to practice law in the united states.. this motherfucker is only licensed to practice law in canada & moscow
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#44

08-18-2006, 07:45 PM

The moment you make an offer to sell you are soliticing. And the likeliness of confusion is miniscule. All in all a frivolous case for them.

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#45

08-18-2006, 07:48 PM

Originally posted by WiredGuy

Let's face it, the domain was registered in bad faith and shouldn't be hard to prove.

How was it registered in bad faith?
0 searches for the term Bloxbuster in both wordtracker and overture
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#46

08-18-2006, 07:49 PM

I think they have a very weak case. "delta.com" could be an airline, a company that makes power tools, a fraternity, or a lot of other things. Any of those have a perfect legal right to the name.

Ditto "bloxbuster." I think the "confusingly similar" argument is very weak. "blackbuster.com", "blocksbuster.com", "bockbuster.com" are all registered to domain squatters, and I'd argue that those are considerably more "confusingly similar"... and Blockbuster has obviously already lost on those.

IF you were running a video rental site, or using the domain to point to Blockbuster's competition and get a referral fee from doing so, then they would have an argument, because the domain would have been registered in "bad faith."

But in this case, no reasonable person could infer that Bloxbuster, a TGP site with porn pics, could reasonably be confused with Blockbuster, a video rental company.

I'd invest a few bucks in a lawyer letter that politely tells them they have no case, and to please piss off. If you have to, UDRP arbitrations aren't that expensive, and I think you have a strong chance of winning it.

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#47

08-18-2006, 07:52 PM

actually, tell them to pund fucking sand & go fuck themselves.,,

FACT.. BLOX is a damn video game,,

tell them the domain was originally a website about the game, but since the game is widely available for free now, that the domain was changed to adult.

Or something,, There's definitely a way out of this,, you just need to do your homework, starting with the word blox

http://www.google.com/search?hl=en&q=blox
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#48

08-18-2006, 07:53 PM

Unless they can prove that you're using the domain in order to capitalize on their branding efforts, there's nothing they can do. Your site doesn't say "The Blockbuster of Porn" or some nonsense like that. Don't worry about it.

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#49

08-18-2006, 08:18 PM

Originally posted by WiredGuy

These large corporations have a large budget that they pay to enforce their trademarks. Almost always, its not worth the expense of defending yourself and you may think they're wasting their time, but they're just doing as their told from their client, and that's defending infringers. Let's face it, the domain was registered in bad faith and shouldn't be hard to prove. Save yourself the trouble and give it to them. It'll be less stressful than defending the name which probably makes just about the renewal fees its worth if that.

Just weigh the revenues it brings in versus the cost of defending it and you should realize what the right thing to do is.
WG

Yep my sentiments exactly.

DH
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#50

08-18-2006, 08:22 PM

you are fucked man, try to sell it to them, that's really the best you can do...

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