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Marshal

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#1

*** Is this a legal threat? (opinions) ***

11-27-2006, 10:38 AM

Today I've received this e-mail with potential legal threat (XYZ Pornstar is actually a legal name of that pornstar):

Originally posted by [email protected]<XYZ Pornstar>

Hello,
I am writing a preliminary note to you as I have discovered you have recently bought up the www.xyzporstar.* extensions. XYZ Pornstar is a legal and registered name, my own, which is not available for commerical usage by anyone else. If you choose to release a pay site using this name, you will be illegally using my name. As you are probably unaware of this, I have decided to write you personally to discuss your turning over the domains to me quietly and without legal dramatics. I truly appreciate your cooperation in this process. If you choose to not cooperate, my next contact will be through my legal team and I think that is rather unnecessary and a waste of both of our time, energy and money. Please do respond at your earliest convenience and lets resolve this matter.
Warm regards,
XYZ Pornstar

We are talking about .org, .net and .biz domains with the usage of that name. All those domains are still not used (they are parked only).

I've tried to find that name as a trademark, but I was unable. Maybe I was looking at the wrong place?

I'm nearly 100% certain that it is not trademarked. I'm not US/Canada/EU citizen and jurisdiction here doesn't recognize trademarks rights arising through use, which means I could use this domain as a legal site without breaking any law here.

Even if they are the owner of that trademark, if they do not hold registrations for their marks in my jurisdiction, the extent to which they will be able to enforce your rights through trademark infringement proceedings will therefore be limited.

Though I'm very good with those legal matters, I'd really like to hear your suggestions. What are my options? I was thinking of offering them those domain names for a certain price. Please give me some suggestions...

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Marshal

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#2

11-27-2006, 10:46 AM

anyone here?

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squishypimp

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#3

11-27-2006, 10:48 AM

contact a lawyer, and id suggest going offshore...

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jacklaidlaw

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#4

11-27-2006, 10:57 AM

the person tyring to get these domains is probly trying their luck don't turn them over wait and see what happens also ask if there is somewhere online you can see that the trademark exists
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Marshal

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#5

11-27-2006, 10:57 AM

Originally posted by squishypimp

contact a lawyer, and id suggest going offshore...

i'm already offshore. where can i check out who own a certain trademark (if there's any at all)?

Last edited by Marshal; 11-27-2006, 10:59 AM.

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#6

11-27-2006, 11:03 AM

Here ya go:

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rodney25

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#7

11-27-2006, 11:07 AM

Only if you're gay enough to back it up..

Yes, you better get a lawyer.

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Marshal

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#8

11-27-2006, 11:07 AM

looks like they are not owner of the trademark.

should i offer them the domains for a nice buck?

Last edited by Marshal; 11-27-2006, 11:08 AM.

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E$_manager

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#9

11-27-2006, 11:07 AM

You can resell this domain to him twice expensive.

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#10

11-27-2006, 11:10 AM

Tell them to go fuck themselves.. no trademark, no proof of them actually having legal rights to the name/domain, & irregardless, even if they have a company named xyz pornstar, that still does not give them legal right of claim to the domain.. I'd tell them to go fucking screw.
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Marshal

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#11

11-27-2006, 11:12 AM

Originally posted by Cristie

You can resell this domain to him twice expensive.

how much would some of you pay for .net, .org and .biz domain which holds famous pornstar username in it if you are the owner of .com? i really have no time to build those sites...

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#12

11-27-2006, 11:31 AM

Tell them to fuck off for lying at you. And add a laughing smiley.
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#13

11-27-2006, 11:59 AM

Tell them to fax you proof of trademark. A legal registered name doesn't mean jack shit when it comes to domains. There are loads of companies around the world with the same legally registered name.
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RawAlex

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#14

11-27-2006, 01:27 PM

Registering a domain by itself isn't a trademark or anything of the like, it is legally akin to a phone number or street address at best.

There is no legal basis that I am aware of that would allow someone to force you to hand over domains because they happen to own the .com - unless they have taken the steps to create a trademarked term out of the name... and even then, they would have to provide the proof.

Also, if they had a valid copyright / trademark issue, they could just do a domain dispute and there you go.

Sounds entirely like bullying bullshit to me.
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#15

11-27-2006, 02:04 PM

Do NOT offer to sell the domains to them - if they decide to be dicks and try to go the ICANN route that shows that you arent real interested in developing the domains and is one factor Icann uses in deciding cases
Of course unless they offer you a lot more bucks than you think you can make with them - of course you have to think down the road as to whether they might trademark the phrase - and they might have a small chance of getting them then - of course you could always trademark the name with your domain and then demand they turn over theirs

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#16

11-27-2006, 02:08 PM

Just to clear up what I was trying to say
Dont be the first one to bring up selling the domains - let them offer it first - then see if its worth it to you - if they even offer - otherwise just cease all conversation with them - if they really want to do something legally they will need to do it through a lawyer anyway - email doesnt mean shit

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#17

11-27-2006, 02:13 PM

tell them to go fuck themselves, 99% chance they are just bluffing...

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Marshal

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#18

11-29-2006, 10:20 AM

yep, they were actually bluffing!

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Marshal

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#19

11-29-2006, 10:22 AM

yep, they were actually bluffing!

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Marshal

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#20

11-30-2006, 11:27 AM

i've asked for the proof of trademark, but no answers yet.

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borked

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#21

11-30-2006, 11:58 AM

Originally posted by nettrust

yep, they were actually bluffing!

Ah the good old bluff.
Only recently, Lightspeed was bluffing on holding a trademark to bully others to hand over their domains to him...
http://www.gfy.com/showthread.php?t=670841

you trademark bluffers

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#22

11-30-2006, 12:05 PM

Originally posted by nettrust

looks like they are not owner of the trademark.

should i offer them the domains for a nice buck?

he's the one who was a dick about i'd try and take him for whatever you can now especially cause he said he did have his name trademarked and then said he was going to contact his "legal team" to handle the situation. squat on them.

if he was a little more serious about things and did own the trademark and blah blah blah then yeah it would have been in your best interest to turn them over to him rather then battling him in court over a $20-30 in domains.

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#23

11-30-2006, 12:07 PM

Originally posted by Franck

Tell them to fuck off for lying at you. And add a laughing smiley.

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#24

11-30-2006, 12:08 PM

nope - they cant do shit to you with your domains.

they are just going out on a whim that you are naive and will fall for it.
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Sensual_Sam

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#25

11-30-2006, 12:15 PM

I'd say contact a lawyer since a response may tip them to the fact that you are prepared to fight it, and discourage them from spending money on useless pursuits.

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#26

11-30-2006, 12:19 PM

Here is the question are you doing anything with them? If I would have the pornstar buy them from you for what you paid. Life is too short.
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#27

11-30-2006, 01:46 PM

Originally posted by pornopete

Bullshit, dont worry about it. Even if it was a trademark and you where in the US you would only be in trouble if you used the domain in the same field that the trademark is. Example if you bought nike.net and sold shoes you would be in trouble, if you bought nike.net and sold hosting no sweat.

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#28

11-30-2006, 01:53 PM

Originally posted by nettrust

Today I've received this e-mail with potential legal threat (XYZ Pornstar is actually a legal name of that pornstar):

Spam belongs in the trash bin nettrust

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mikesouth

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#29

11-30-2006, 02:28 PM

OK you are getting some seriously bad advice here

by people who know nothing about trademarks, service marks, copyright and the associative laws.

A trademark is determined by first use, the instant you usea name within an industry you own a trademark on that name, you do not have to register it to protect it, and even if you do register it that may not give you an exclusive on it.

Trademark law is kind of tricky but think of a trademark as applying to an industry and take for example Delta

Thats a good name and its used by lots of people like delta airlines and delta faucets
but both companies can use that name because nobody would confuse an airline for a faucet.

the respective LOGOs are a different story they are fully protected.

now lets consider the name Mike South I own a trademark on that name by virtue of the fact that I have used it commercially in the adult entertainment business.

theres also a car driver named Mike South either of us could legally own Mikesouth.com but if he put it up as a porn site then I have a trademark claim against him and If I posed to be a car racer he would have a claim against me follow me?

so lets say some girl calling hersel Betty BeeJay appears in avn magazine...you see this name and go out and check the url...lo and behold its available so you buy it

If you put up a site with a different girl called betty Beejay and its a cooking site (think rachel ray) then yer clear

if you put up a porn site....you are not and you will lose unless you can PROVE you used that name before she did commercially

Thats how it works in a nutshell

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