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

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  • woj
    <&(©¿©)&>
    • Jul 2002
    • 47880

    #51
    50 trademarked domains...
    Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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    Comment

    • Aquaman
      Confirmed User
      • Apr 2001
      • 131

      #52
      Hurry up and register makdonalds.com too

      That will teach them,

      Comment

      • LiveDose
        Show Yer Tits!
        • Feb 2002
        • 25792

        #53
        Originally posted by directfiesta
        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 ....

        Listen to this man. We ignore every C & D initially regarding domains. Trademark owners often think they have 15 inch dicks to swing around. Many many times their claims are fruitless.

        Now if you get a certified or Fed Ex letter then obviously you have to evaluate the situation more. Depending on your knowledge of domains you might be smart to talk with a lawyer but even at this point there are still options which don't necessarily involve just handing over the name.

        It all depends on how much energy & money you want to put into this. Bloxbuster.com is interesting. I am on the fence on this one but I am leaning more towards their claims being bullshit. But who knows. There is only one final opinion that matters should the name be contested. And the cases that get reviewed can really go either way... Good luck.

        Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

        Comment

        • WiredGuy
          Pounding Googlebot
          • Aug 2002
          • 34515

          #54
          Originally posted by Juilan
          How was it registered in bad faith?
          0 searches for the term Bloxbuster in both wordtracker and overture
          http://www.digitalpoint.com/tools/su...ter&country=us

          Phonetic misspellings are covered under trademark law if the TM holder can show dissolution of their brand/name. Obviously the use of adult is something that BlockBuster does not want to be associated with and can easily demonstrate bad faith.
          WG
          I play with Google.

          Comment

          • LiveDose
            Show Yer Tits!
            • Feb 2002
            • 25792

            #55
            To me 'blockbuster' & 'blocksbuster' sound completely different.

            Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

            Comment

            • baddog
              So Fucking Banned
              • Apr 2001
              • 107089

              #56
              I just looked at your site and their site and there is no way they have a case. Tell them so.

              Comment

              • baddog
                So Fucking Banned
                • Apr 2001
                • 107089

                #57
                Originally posted by WiredGuy
                Phonetic misspellings are covered under trademark law if the TM holder can show dissolution of their brand/name. Obviously the use of adult is something that BlockBuster does not want to be associated with and can easily demonstrate bad faith.
                WG

                I can see why BlockBuster might be upset, but he isn't doing anything that anyone might confuse one as being the other. They have their work cut out for them proving bad faith.

                If he was using their colors, or fonts, or design, then I would agree. Isn't the case here.

                Comment

                • baddog
                  So Fucking Banned
                  • Apr 2001
                  • 107089

                  #58
                  Originally posted by Pornwolf
                  Block Buster was a common phrase before the video chain was even created. I don't think they have a case.

                  Good point

                  Comment

                  • BIGTYMER
                    Junior Achiever
                    • Nov 2004
                    • 17066

                    #59
                    Who owns Block Buster? Viacom. What are some compaines Viacom owns? BET, Comedy Central, CMT, MTV, Nickelodeon, Spike, Vh1, Paramount, Dream Works and up until 2005 CBS.

                    You're going to lose it.
                    Last edited by BIGTYMER; 08-18-2006, 11:57 PM.

                    Comment

                    • andrej_NDC
                      Registered User
                      • May 2004
                      • 7760

                      #60
                      Originally posted by BigTymer
                      Who owns Block Buster? Viacom. What are some compaines Viacom owns? BET, Comedy Central, CMT, MTV, Nickelodeon, Spike, Vh1, Paramount, Dream Works and up until 2005 CBS.

                      You're going to lose it.
                      It doesn't depend if they have 1000 billions or $1 on their account. They have no case to win. I guess courts in the US don't decide upon bank accounts, but upon laws.

                      Comment

                      • Hooligan
                        So Fucking Banned
                        • May 2001
                        • 1472

                        #61
                        Originally posted by asl
                        Iwhat should I do knowing that I'm based outside USA
                        tell 'em to go fuck themselves.

                        Comment

                        • Dirty Dane
                          Sick Fuck
                          • Feb 2004
                          • 9491

                          #62
                          if it was 'blocks' I would think they would have a case, but not 'blox'

                          Comment

                          • SteveLightspeed
                            Confirmed User
                            • Jul 2001
                            • 7940

                            #63
                            Would you have registered that name at all if not for BlockBuster.com? Honestly? If you did, then stop being a dick and turn it over, be happy if they don't decide to fuck with you anyway.
                            Abra-cadabra!

                            Comment

                            • ssp
                              Confirmed User
                              • Jan 2005
                              • 7990

                              #64
                              Originally posted by andrej_NDC
                              It doesn't depend if they have 1000 billions or $1 on their account. They have no case to win. I guess courts in the US don't decide upon bank accounts, but upon laws.
                              Haha where do you live?

                              Comment

                              • seeandsee
                                Check SIG!
                                • Mar 2006
                                • 50945

                                #65
                                Ask for $$$ and be happy!
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                                Contact here

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                                • bogo
                                  Confirmed User
                                  • Jun 2002
                                  • 1982

                                  #66
                                  yeah sell it to them for 5 zillion dollas

                                  Comment

                                  • andrej_NDC
                                    Registered User
                                    • May 2004
                                    • 7760

                                    #67
                                    Originally posted by SteveLightspeed
                                    Would you have registered that name at all if not for BlockBuster.com? Honestly? If you did, then stop being a dick and turn it over, be happy if they don't decide to fuck with you anyway.
                                    Originally posted by Pornwolf
                                    Block Buster was a common phrase before the video chain was even created.
                                    .........

                                    Comment

                                    • Pleasurepays
                                      BANNED - SUPPORTING TUBES
                                      • Aug 2002
                                      • 11913

                                      #68
                                      as any attorney will tell you, you have chosen the correct first course of action... you ran to a porn forum called 'go fuckyourself' which is full of degenerates and retards and asked for advice on what to do about a major corporation and its own well seasoned in house counsel team that is threatening you.

                                      you should browse the other forums. i am sure the blockbuster attorneys are on netpond or porn city or someplace also trying to figure out what course of action to take for your domain and are surely also seeking advice from a bunch of low income, unemployable twits. this way, you gain another edge.

                                      Comment

                                      • s2kcord
                                        Confirmed User
                                        • Mar 2006
                                        • 581

                                        #69
                                        Just send it to them who cares not worth the trouble! Now if it was block.com or buster.com I would tell them to eat a dick.

                                        Comment

                                        • StuartD
                                          Sofa King Band
                                          • Jul 2002
                                          • 29903

                                          #70
                                          I have www.oilofalay.com

                                          I figure it won't be long until I get one of those letters.
                                          This is me on facebook
                                          This is me on twitter

                                          Comment

                                          • u-Bob
                                            there's no $$$ in porn
                                            • Jul 2005
                                            • 33063

                                            #71
                                            ignore it.

                                            Comment

                                            • poisson
                                              Confirmed User
                                              • Mar 2003
                                              • 6474

                                              #72
                                              In 2001 i received a letter from Dreamworks about me owning dreamworks??????.com and using it for a porn page. I ended up selling it for 2k.

                                              Comment

                                              • andrej_NDC
                                                Registered User
                                                • May 2004
                                                • 7760

                                                #73
                                                Originally posted by s2kcord
                                                Just send it to them who cares not worth the trouble! Now if it was block.com or buster.com I would tell them to eat a dick.
                                                What trouble? He doesn't have to do anything. If they take the domain from him, its the same as when he gives it to them.

                                                Comment

                                                • Juilan
                                                  Sultan of Swing
                                                  • Feb 2004
                                                  • 15141

                                                  #74
                                                  Originally posted by WiredGuy
                                                  Phonetic misspellings are covered under trademark law
                                                  WG
                                                  Yes quite aware of that, but then they have to demonstrate Bloxbuster is even an uncommon mispelling.
                                                  Which according to overture and wordtracker, it does not even warrant 1 single search a day wordwide.

                                                  http://www.digitalpoint.com/tools/su...ter&country=us

                                                  Trademark and Intellectual property lawyers work on billable hours to the client often at $250 per hour. What you have here is an overzealous attorney making a spurious and frivolous case to pad his billable hours.
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                                                  • Paul
                                                    Confirmed User
                                                    • Nov 2002
                                                    • 2637

                                                    #75
                                                    Originally posted by Pipecrew
                                                    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.


                                                    If your not making much money from the site I'd do what Pipecrew just suggested

                                                    Comment

                                                    • dodger21
                                                      Confirmed User
                                                      • Jan 2003
                                                      • 2680

                                                      #76
                                                      It's amazing how little the idiots on GFY know. There's nothing you can do. It's an obvious misspelling of the name. Who gives a motherfuck if blox is a word. They're going to get the name one way or another. You've already lost, so just ask for a few hundred and call it a day.
                                                      icq: 237055440

                                                      Comment

                                                      • Deputy Chief Command
                                                        Deputy Chief Command
                                                        • Nov 2005
                                                        • 4482

                                                        #77
                                                        Originally posted by asl
                                                        Blockbuster ain't even present in my country so I can't rent a DVD ;)

                                                        the Belgium I come from has blockbuster ...

                                                        Comment

                                                        • HpicAnn
                                                          Confirmed User
                                                          • Mar 2005
                                                          • 4319

                                                          #78
                                                          Why you should transfer it to their client?????
                                                          Try to sell it very expensive to them...
                                                          GiVe YoU a BiG......... tImE


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                                                          • BlackCrayon
                                                            Too lazy to set a custom title
                                                            • Jun 2003
                                                            • 19634

                                                            #79
                                                            Originally posted by dodger21
                                                            It's amazing how little the idiots on GFY know. There's nothing you can do. It's an obvious misspelling of the name. Who gives a motherfuck if blox is a word. They're going to get the name one way or another. You've already lost, so just ask for a few hundred and call it a day.
                                                            so how come other mis-spellings of blockbuster aren't owned by them? seems so many of you would just let big business walk all over you. even if he did end up losing it i'd sooner waste their time and money than let them think they can get any domain that resembles their name for nothing.
                                                            Last edited by BlackCrayon; 08-19-2006, 08:04 AM.
                                                            you don't know you're wearing a leash if you sit by the peg all day..

                                                            Comment

                                                            • asl
                                                              Confirmed User
                                                              • Jun 2003
                                                              • 444

                                                              #80
                                                              Originally posted by Deputy Chief Command
                                                              the Belgium I come from has blockbuster ...
                                                              Really ? I was in brussels and never saw one. Now that I'm in Wallonia, it is the same. No blockbuster shop.
                                                              They should sue blockbuster.be if they got shops in Belgium ;)
                                                              Paysite owners: Submit your site for reviewing and touch a French audience.

                                                              Comment

                                                              • Jman
                                                                Already an AI veteran
                                                                • Sep 2003
                                                                • 22834

                                                                #81
                                                                Very interesting thread with many different opinions ;-)

                                                                Like PipeCrew said try to make some money offering them to settle right now. Tell them you never intented to even have a site looking like there's or bank off their image and that you would at least like to get some money back, since you did beleive you where not infringing anyone and invested time and money to develop bloxbuster.com

                                                                Attached to that email a picture of a puppy, this should win their heart and make you a few bucks.. lolol ;-)
                                                                Orkestrait NSFW AI
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                                                                • will76
                                                                  Making $$$$ w/ ClickCash
                                                                  • May 2003
                                                                  • 18037

                                                                  #82
                                                                  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
                                                                  That is a total bullshit letter. They have no case. They are claiming that it is an intential miss spelling. an intentional miss spelling would be blockbster.com or something similar to that. blox and block are not even close.

                                                                  I would put emphesis on your site around the word "blox" like maybe that is your nick name or it means something non related to renting movies.

                                                                  No one is typing in bloxbuster trying to get to blockbuster no one is seeing bloxbuster on a SE and thinking it is blockbuster. You are not making any money off of their fame because, you are not renting or selling movies, they have no case.
                                                                  ICQ: 86364801 Email: will [at] innovativeassets [dot] com

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                                                                  • will76
                                                                    Making $$$$ w/ ClickCash
                                                                    • May 2003
                                                                    • 18037

                                                                    #83
                                                                    Originally posted by SteveLightspeed
                                                                    Would you have registered that name at all if not for BlockBuster.com? Honestly? If you did, then stop being a dick and turn it over, be happy if they don't decide to fuck with you anyway.
                                                                    absolutly does not matter 1 bit. All he has to say is his Nick Name from High school was " blox" and he can get 10 friends to confirm this. Or any other reason for use of the name. They don't know what his intentions where, only what the evidence is he will show.

                                                                    I wonder how many of you telling him to give it over have been through a TM case for a domain name. I have and my name was the SAME as their trademark, and it was a .net and they even owned the .com . I got my attorney involved and they eventually bought it from me. And it was large US company. Each case is different, but unless you have gone through it, I wouldn't be suggesting to give it over so easy.
                                                                    ICQ: 86364801 Email: will [at] innovativeassets [dot] com

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                                                                    • will76
                                                                      Making $$$$ w/ ClickCash
                                                                      • May 2003
                                                                      • 18037

                                                                      #84
                                                                      Originally posted by Pleasurepays
                                                                      as any attorney will tell you, you have chosen the correct first course of action... you ran to a porn forum called 'go fuckyourself' which is full of degenerates and retards and asked for advice on what to do about a major corporation and its own well seasoned in house counsel team that is threatening you.

                                                                      you should browse the other forums. i am sure the blockbuster attorneys are on netpond or porn city or someplace also trying to figure out what course of action to take for your domain and are surely also seeking advice from a bunch of low income, unemployable twits. this way, you gain another edge.


                                                                      There is nothing wrong with him asking " what do you think I should do here". GFY is not 100% morons. Some people have gone through similar cases and can provide feedback to him, it is not like he started a poll and Yes / No should I give it to them or fight it and he will go with which ever gets the most votes.
                                                                      Just because he is asking for advice does not mean he has to use it.
                                                                      ICQ: 86364801 Email: will [at] innovativeassets [dot] com

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                                                                      FNCash | Media Revenue

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                                                                      • andrej_NDC
                                                                        Registered User
                                                                        • May 2004
                                                                        • 7760

                                                                        #85
                                                                        Originally posted by will76
                                                                        That is a total bullshit letter. They have no case. They are claiming that it is an intential miss spelling. an intentional miss spelling would be blockbster.com or something similar to that. blox and block are not even close.

                                                                        I would put emphesis on your site around the word "blox" like maybe that is your nick name or it means something non related to renting movies.

                                                                        No one is typing in bloxbuster trying to get to blockbuster no one is seeing bloxbuster on a SE and thinking it is blockbuster. You are not making any money off of their fame because, you are not renting or selling movies, they have no case.
                                                                        Good to see some clever response.

                                                                        Comment

                                                                        • asl
                                                                          Confirmed User
                                                                          • Jun 2003
                                                                          • 444

                                                                          #86
                                                                          Originally posted by andrej_NDC
                                                                          Good to see some clever response.
                                                                          Indeed. Thanks everyone, I'll keep you posted ;)
                                                                          Last edited by asl; 08-19-2006, 10:25 AM.
                                                                          Paysite owners: Submit your site for reviewing and touch a French audience.

                                                                          Comment

                                                                          • WiredGuy
                                                                            Pounding Googlebot
                                                                            • Aug 2002
                                                                            • 34515

                                                                            #87
                                                                            Originally posted by Juilan
                                                                            Trademark and Intellectual property lawyers work on billable hours to the client often at $250 per hour. What you have here is an overzealous attorney making a spurious and frivolous case to pad his billable hours.
                                                                            Yes, and they will pay it. I had a dispute with Lexus for several weeks that likely cost Lexus several thousand dollars but they will do it.
                                                                            WG
                                                                            I play with Google.

                                                                            Comment

                                                                            • 69pornlinks
                                                                              Confirmed User
                                                                              • Mar 2003
                                                                              • 5560

                                                                              #88
                                                                              Originally posted by WiredGuy
                                                                              Yes, and they will pay it. I had a dispute with Lexus for several weeks that likely cost Lexus several thousand dollars but they will do it.
                                                                              WG

                                                                              Lexus didn't pay a cent...the shareholders did
                                                                              It IS what it IS

                                                                              Comment

                                                                              • Marshal
                                                                                Biz Dev and SEO
                                                                                • Jun 2005
                                                                                • 15227

                                                                                #89
                                                                                i would get the trademark for bloxbuster!
                                                                                ---
                                                                                Busy ranking websites on Google...

                                                                                Comment

                                                                                • RayBonga
                                                                                  too cool for highschool
                                                                                  • Nov 2005
                                                                                  • 12164

                                                                                  #90
                                                                                  See how much they are willing to pay you for the domain.

                                                                                  Comment

                                                                                  • Manowar
                                                                                    jellyfish  
                                                                                    • Dec 2003
                                                                                    • 71528

                                                                                    #91
                                                                                    Originally posted by flashfire
                                                                                    and dont return it...mwahaaa

                                                                                    Comment

                                                                                    • GigoloMason
                                                                                      Confirmed User
                                                                                      • May 2005
                                                                                      • 742

                                                                                      #92
                                                                                      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
                                                                                      First intelligent post in this thread.

                                                                                      Comment

                                                                                      • Pornopat
                                                                                        AdultTubeSubmits.com
                                                                                        • Dec 2003
                                                                                        • 10598

                                                                                        #93
                                                                                        Originally posted by Pipecrew
                                                                                        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.
                                                                                        Excellent advice.

                                                                                        You can also go for 10k and see how much they offer in return.

                                                                                        If they really want they can take it from you. It will cost them though. So why not make some money on it.
                                                                                        https://stripcash.com/sign-up/?userI...fff832eb95ab6a

                                                                                        Comment

                                                                                        • Pornopat
                                                                                          AdultTubeSubmits.com
                                                                                          • Dec 2003
                                                                                          • 10598

                                                                                          #94
                                                                                          Originally posted by Pornopat
                                                                                          Excellent advice.

                                                                                          You can also go for 10k and see how much they offer in return.

                                                                                          If they really want they can take it from you. It will cost them though. So why not make some money on it.
                                                                                          On a side note..Looks like you regsitered bloxbuster.com a few months before they registered blockbuster.com.
                                                                                          You registered in 2003 right?
                                                                                          Doublecheck these things and investigate when they licensed the trademark. Especially for the Benelux.
                                                                                          You may still need to turn it over but a lawyer should be able to get you a nice compensation for the work you did on the site.
                                                                                          https://stripcash.com/sign-up/?userI...fff832eb95ab6a

                                                                                          Comment

                                                                                          • frank7799
                                                                                            Confirmed User
                                                                                            • Jul 2003
                                                                                            • 1974

                                                                                            #95
                                                                                            You are from Belgium, right. I did a research here

                                                                                            http://oami.europa.eu/CTMOnline/Requ...n_Result_NoReg
                                                                                            (just type in blockbuster into the trademark name field)
                                                                                            and got 9 results. The one most dangerous for you is trademark #002045391 which was filed in 2001 and - that´s interesting - was registered in 2004.

                                                                                            Your problem is that the trademark is also registered in Nice class 41 for "providing digital images from the internet". So your domain name could be hurting the trademark.

                                                                                            To be sure, contact a trademark lawyer in belgium. But most likely, you will lose that fight. And be careful asking them for money to transfer the domain. That could cause some bigger problems for you because European trademark law punishes this if you registered the domain illegally, for example just to profit from the trademark owners reputation.

                                                                                            I´m not familiar with the law in Belgium, but it´s pretty much the same in all European countries which belong to the EU.

                                                                                            Comment

                                                                                            • XPays
                                                                                              Team Player
                                                                                              • May 2004
                                                                                              • 13002

                                                                                              #96
                                                                                              a udrp does not cost an arm and a leg btw. less than $5k for them.
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                                                                                              • ThumbLord

                                                                                                #97
                                                                                                well ............. give it to me and I will deal with them, like I did with "the queen of sky" and others.
                                                                                                Last edited by Guest; 08-19-2006, 02:44 PM.

                                                                                                Comment

                                                                                                • John Marco
                                                                                                  Confirmed User
                                                                                                  • May 2005
                                                                                                  • 912

                                                                                                  #98
                                                                                                  Not legal advice but Fish & Richardson (a large intellectual property law firm) indicated to us that we couldn't trademark Webcams.com due to it being a generic name (although we could trademark logos, specific phrases, etc). I don't see why blockbuster would be any different since it was a generic word well before Blockbuster Video came along.
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                                                                                                  • XPays
                                                                                                    Team Player
                                                                                                    • May 2004
                                                                                                    • 13002

                                                                                                    #99
                                                                                                    Originally posted by John Marco
                                                                                                    Not legal advice but Fish & Richardson (a large intellectual property law firm) indicated to us that we couldn't trademark Webcams.com due to it being a generic name (although we could trademark logos, specific phrases, etc). I don't see why blockbuster would be any different since it was a generic word well before Blockbuster Video came along.
                                                                                                    you could have gone on the supplemental for a separate category and then tried to move it onto the principle registry later
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                                                                                                    • Quagmire
                                                                                                      Confirmed User
                                                                                                      • Jul 2005
                                                                                                      • 6490

                                                                                                      #100
                                                                                                      Tell them to send their wives over to touch your peepee.

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