7-11 is sueing me - what should I do?

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  • EvilDan
    So Fucking Banned
    • Sep 2001
    • 179

    #1

    7-11 is sueing me - what should I do?

    It seems 7-11 doesnt like my site Dick Slurpee

    See AVN Article

    Plus it looks like the story even hit Bloomberg

    Any thoughts or suggestions on what I should do would be much appreciated

    I wonder what Larry would do in the same situation?
    67
    agree to everything they say, and submit totally to them
    0%
    25
    get as much press as I can, and tell the world about about it
    0%
    42
  • gornyhuy
    Chafed.
    • May 2002
    • 18041

    #2
    Its a long established trademark for a huge corporation... Don't see much hope.

    icq:159548293

    Comment

    • juicylinks
      So Fucking Banned
      • Apr 2001
      • 122992

      #3
      your fucked man

      Comment

      • fiveyes
        Confirmed User
        • Aug 2001
        • 1680

        #4
        I hate to say it but, on this one, I think you're going to have to suck it up.
        <CENTER><A HREF="http://www.hot-off-bourbon.com/" target="_blank"><IMG SRC="http://www.hot-off-bourbon.com/images/hob-logosmall.jpg" border="0"></A>

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        • beemk
          CLICK HERE
          • Jan 2002
          • 20829

          #5
          at least redirect traffic to a similiar niche site
          I host with Vacares

          Comment

          • doober
            Confirmed User
            • Jul 2003
            • 6984

            #6
            send em to kwikemart

            Comment

            • EvilDan
              So Fucking Banned
              • Sep 2001
              • 179

              #7
              Originally posted by fiveyes
              I hate to say it but, on this one, I think you're going to have to suck it up.
              dont you mean slurp it up - lol

              Comment

              • eddie-executive
                Confirmed User
                • Apr 2003
                • 2061

                #8
                I don't know i just had a brain freeze.
                Jealousy... is a mental cancer. ~B.C. Forbes

                Comment

                • beemk
                  CLICK HERE
                  • Jan 2002
                  • 20829

                  #9
                  you're fucked
                  I host with Vacares

                  Comment

                  • AlienQ - BANNED FOR LIFE
                    best designer on GFY
                    • Mar 2003
                    • 30307

                    #10
                    Your prolly gonna have bow out on that domain.
                    Maybe ya should think Dickslirpee.com and get into copyright's and trademarks in the future

                    Comment

                    • ldinternet
                      Confirmed User
                      • Apr 2001
                      • 8245

                      #11
                      I know virtually nothing about US law, but as far as I'm aware... wouldn't they issue a C&D before taking out a lawsuit?...

                      which means that a C&D, or several, have been ignored?

                      Comment

                      • Slick
                        Confirmed User
                        • Feb 2001
                        • 7338

                        #12
                        WOW, FREE PUBLICITY !!! At least try to drag it out a bit and let some of the major newspapers catch wind of the story. You'll be flowing in traffic and signups, ha ha ha ha.

                        Comment

                        • media
                          Confirmed Moneymaker
                          • Apr 2002
                          • 9853

                          #13
                          Originally posted by eddie-executive
                          I don't know i just had a brain freeze.
                          Brain Freeze is also a trademarked term of 7-Eleven

                          Media
                          I'm here for the violence!

                          Comment

                          • EvilDan
                            So Fucking Banned
                            • Sep 2001
                            • 179

                            #14
                            Originally posted by Slick
                            WOW, FREE PUBLICITY !!! At least try to drag it out a bit and let some of the major newspapers catch wind of the story. You'll be flowing in traffic and signups, ha ha ha ha.
                            Getting a few emails and ICQ's now suggesting to do just that

                            But I am still not sure really

                            Comment

                            • boneprone
                              Hall Of Fame
                              • Jan 2001
                              • 34415

                              #15
                              Originally posted by EvilDan


                              Getting a few emails and ICQ's now suggesting to do just that

                              But I am still not sure really
                              You need to hire me as a public relations spokes person.
                              We'll take care of this and get you the attention you crave and deserve.

                              Industry Hall Of Fame Legend Mike Jones
                              Bow to the Power - Still BP4L
                              http://gfyawards.com/hall-of-fame
                              Learn about it kids.

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                              • Ic3m4nZ
                                Confirmed User
                                • Aug 2003
                                • 6285

                                #16
                                Good luck dude you'll need it.

                                Comment

                                • BradShaw
                                  Confirmed User
                                  • Oct 2001
                                  • 7840

                                  #17
                                  You are idiot if you think you have any legal ground to stand on. Besides the fact that you are an idiot to name the site that in the first place. Just change name to dicksomething.com, and hope they do not sue you for damages.

                                  7-11 is based in Dallas, and a huge corp.
                                  Sig too big

                                  http://www.gofuckyourself.com/gfy_faqs.html

                                  Want to use a large banner in your sig??? Contact Eric about getting on as an advertiser - eric AT adult.com

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                                  • EvilDan
                                    So Fucking Banned
                                    • Sep 2001
                                    • 179

                                    #18
                                    Originally posted by BradShaw
                                    You are idiot if you think you have any legal ground to stand on. Besides the fact that you are an idiot to name the site that in the first place. Just change name to dicksomething.com, and hope they do not sue you for damages.

                                    7-11 is based in Dallas, and a huge corp.
                                    Didnt Larry parody many public names and people

                                    didnt he get lots of promotion from it?

                                    I havent received any documents yet, as I am not a US citizen

                                    Isnt my company a worthless $2 shelf company

                                    Who is the idiot Brad?

                                    And no, the site wasnt set up intentionally to grab press. We didnt even think about the word Slurpee, as it isnt a big thing in my country

                                    And who says the word DickSlurpee has anything to do with a 7-11 product anyways. This is a gloabl business we are in, not a US business

                                    If 7-11 had of contacted me, this all would have been cool bananas

                                    But now it is ion the press, I am just wondering what to do - thats all

                                    Comment

                                    • eroswebmaster
                                      March 1st, 2003
                                      • Jul 2001
                                      • 20295

                                      #19
                                      Originally posted by EvilDan


                                      Didnt Larry parody many public names and people

                                      didnt he get lots of promotion from it?

                                      I havent received any documents yet, as I am not a US citizen

                                      Isnt my company a worthless $2 shelf company

                                      Who is the idiot Brad?

                                      And no, the site wasnt set up intentionally to grab press. We didnt even think about the word Slurpee, as it isnt a big thing in my country

                                      And who says the word DickSlurpee has anything to do with a 7-11 product anyways. This is a gloabl business we are in, not a US business

                                      If 7-11 had of contacted me, this all would have been cool bananas

                                      But now it is ion the press, I am just wondering what to do - thats all

                                      #1 difference between parody and copyright trademark infringement.

                                      #2 Don't bullshit us with the comment about it not being related to the 7-11 product.

                                      Come on you use the text..."Xtra Large Hard Cock Slurpee."

                                      "What flavor is this cock."

                                      I think someone else was correct in assuming that a number of C&D's were ignored.
                                      For rent - ICQ 127-027-910
                                      Click here for more details

                                      Comment

                                      • sweetums
                                        Confirmed User
                                        • Feb 2003
                                        • 2534

                                        #20
                                        Hey EvilDan,

                                        The publicity might be good in the shortrun....but, if they have a international trademark on the name, I'm not sure if you'll win the war.

                                        Either way.....best of luck, hon


                                        *hugs*
                                        ICQ: 114549321

                                        Comment

                                        • WiredGuy
                                          Pounding Googlebot
                                          • Aug 2002
                                          • 34517

                                          #21
                                          I don't think it's worth the legal headaches. While you might enjoy some free press now, I would suggest releasing the domain name to them and enjoy the traffic that you got from it. If you allow this to go to trial, they won't just be looking for your domain, but punitive damages and legal fees to name a few.

                                          WG
                                          I play with Google.

                                          Comment

                                          • KaLi
                                            Confirmed User
                                            • Aug 2003
                                            • 4371

                                            #22
                                            Originally posted by EvilDan
                                            If 7-11 had of contacted me, this all would have been cool bananas
                                            He said cool bananas...

                                            Anyway... The publicity may be good for you, but if I were you, I wouldnt even fight that..

                                            icq:160-417-630

                                            Comment

                                            • brand0n
                                              been very busy
                                              • Nov 2002
                                              • 26983

                                              #23
                                              wow, glad i got in on this 1

                                              dude, i have no idea where to start to offer help, try and get into the witness relocation program and become john smith of st paul islands

                                              i would think try and work with them as much as you can, and if that dont work file chapter 13 and hope that saves your ass
                                              want to buy this spot for cheap? it is of course for sale. long term deals are always the best bet. brand0n/ at/ a o l dot commies.

                                              Comment

                                              • AWC
                                                Confirmed User
                                                • Aug 2001
                                                • 1223

                                                #24
                                                how's signups?

                                                Comment

                                                • Fluid of Fuck Me
                                                  Confirmed User
                                                  • Jun 2003
                                                  • 373

                                                  #25
                                                  Registered mail goes everywhere. I think ya trashed the C&D or live in one of them town sized russian countries.

                                                  Either way man..bad move. The wording on your site (don't change it now..they copied it before sending the first c&d..they're not stupid) is going to make it nearly impossible to defend.

                                                  And they'll claim damages to their trademarks and reputation.

                                                  On a related note..do ya like the taste of cat food?

                                                  Comment

                                                  • Triple 6
                                                    Confirmed User
                                                    • Feb 2002
                                                    • 5394

                                                    #26
                                                    Originally posted by KaLi


                                                    He said cool bananas...

                                                    Anyway... The publicity may be good for you, but if I were you, I wouldnt even fight that..
                                                    your sig is too big.

                                                    axe it now.
                                                    SIG TOO SMALL! Maximum 1200x600 button and no more than 30 text lines of ALL SIZES and COLORS. Unless your sig is for a GFY top banner sponsor, then you may use a 6240x4800 instead of a 1024x800.

                                                    Comment

                                                    • NemesisEnforcer
                                                      Confirmed User
                                                      • Aug 2003
                                                      • 2123

                                                      #27
                                                      Glad I caught your post. I was thinking of developing amazonadult.com. I don't need the headache.

                                                      Originally posted by EvilDan
                                                      It seems 7-11 doesnt like my site Dick Slurpee

                                                      See AVN Article

                                                      Plus it looks like the story even hit Bloomberg

                                                      Any thoughts or suggestions on what I should do would be much appreciated

                                                      I wonder what Larry would do in the same situation?
                                                      The Only Time When Success Comes Before Work Is In A Dictionary.

                                                      Did you ever notice: When you put the 2 words 'The' and 'IRS' together it spells 'Theirs.'

                                                      Comment

                                                      • MarkTiarra
                                                        Confirmed User
                                                        • Aug 2002
                                                        • 3833

                                                        #28
                                                        Well the answer to that question requires other questions to be answered first:

                                                        1) How much is the domain generating in revenue? Is it worth defending?

                                                        2) The domainis registered in Nevada but where is the company? Is it a BS holding company or do you live off shore in the same country as said company?

                                                        Retired Pornosticator

                                                        Comment

                                                        • MSB
                                                          Confirmed User
                                                          • Jun 2003
                                                          • 2984

                                                          #29
                                                          in this biz, ORIGINALITY is always the trade secret!!
                                                          learn a lesson man!!!!!!!


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                                                          email: [email protected] icq: 418366319
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                                                          • swami
                                                            Confirmed User
                                                            • Aug 2003
                                                            • 1989

                                                            #30
                                                            http://www.chillingeffects.org

                                                            these guys will tell you where you stand.They are on your side.

                                                            Comment

                                                            • masta flash
                                                              So Fucking Banned
                                                              • Aug 2003
                                                              • 530

                                                              #31
                                                              say the domain is actualy dicks lurpee

                                                              Comment

                                                              • Damian_Maxcash
                                                                So Fucking Banned
                                                                • Oct 2002
                                                                • 12745

                                                                #32
                                                                Originally posted by Fluid of Fuck Me


                                                                And they'll claim damages to their trademarks and reputation.

                                                                There wouldnt have been any damage had they not bought the lawsuit......

                                                                Lets face it, who would have seen the site if this hadnt happened?

                                                                I think they may be doing a little attention whoring themselves.... maybe you could work with them from that angle

                                                                Comment

                                                                • FUCKuPAYme
                                                                  Confirmed User
                                                                  • Jan 2003
                                                                  • 1023

                                                                  #33
                                                                  Originally posted by Slick
                                                                  WOW, FREE PUBLICITY !!! At least try to drag it out a bit and let some of the major newspapers catch wind of the story. You'll be flowing in traffic and signups, ha ha ha ha.
                                                                  yep get some press see if it makes you money
                                                                  SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

                                                                  Comment

                                                                  • swami
                                                                    Confirmed User
                                                                    • Aug 2003
                                                                    • 1989

                                                                    #34
                                                                    http://www.chillingeffects.org/trademark/faq.cgi

                                                                    Comment

                                                                    • Strife
                                                                      Confirmed User
                                                                      • Aug 2001
                                                                      • 4534

                                                                      #35
                                                                      you don't have much of a chance
                                                                      Buy & Sell Ads on The Most Sexy Advertising Network on the Planet

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                                                                      • Fletch XXX
                                                                        GFY HALL OF FAME DAMMIT!!!
                                                                        • Jan 2002
                                                                        • 60840

                                                                        #36
                                                                        who knows, just let em take you to court, and tell us how it turns out.

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                                                                        • Fletch XXX
                                                                          GFY HALL OF FAME DAMMIT!!!
                                                                          • Jan 2002
                                                                          • 60840

                                                                          #37
                                                                          Here's one fact though.

                                                                          'Filed in federal court in Chicago, the lawsuit reportedly claims the site owner as Apmbill.com, a Las Vegas company whose Website touts it as a global billing solutions provider. The Dick Slurpee home page features a header logo that doesn't resemble the style of the 7-Eleven drink, but the lawsuit argues the site's use of the Slurpee name "is greatly and irreparably damaging," according to Bloomberg.'

                                                                          They filed in FEDERAL court.

                                                                          And they are ALREADY talking about DAMAGES.

                                                                          I would drop that name very quick.

                                                                          Want an Android App for your tube, membership, or free site?

                                                                          Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

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                                                                          • stocktrader23
                                                                            Let's do some business.
                                                                            • Jan 2003
                                                                            • 18781

                                                                            #38
                                                                            Originally posted by EvilDan
                                                                            It seems 7-11 doesnt like my site Dick Slurpee

                                                                            See AVN Article

                                                                            Plus it looks like the story even hit Bloomberg

                                                                            Any thoughts or suggestions on what I should do would be much appreciated

                                                                            I wonder what Larry would do in the same situation?
                                                                            "It is clear that nothing in trademark law requires that title to domain names that incorporate trademarks or portions of trademarks be provided to trademark holders. To hold otherwise would create an immediate and indefinite monopoly to all famous mark holders on the Internet, by which they could lay claim to all .com domain names which are arguably 'the same' as their mark. The Court may not create such property rights-in-gross as a matter of dilution law. ... Trademark law does not support such a monopoly.
                                                                            -- Strick Corporation v. James B. Strickland, EDPA (27-Aug-01) "

                                                                            http://www.domainhandbook.com/dd.html


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                                                                            • Resolute
                                                                              Confirmed User
                                                                              • Feb 2003
                                                                              • 1143

                                                                              #39
                                                                              Suck it (Dick Slurpee ) and see

                                                                              [email protected]
                                                                              ICQ 325624405

                                                                              Comment

                                                                              • EvilDan
                                                                                So Fucking Banned
                                                                                • Sep 2001
                                                                                • 179

                                                                                #40
                                                                                Originally posted by stocktrader23


                                                                                "It is clear that nothing in trademark law requires that title to domain names that incorporate trademarks or portions of trademarks be provided to trademark holders. To hold otherwise would create an immediate and indefinite monopoly to all famous mark holders on the Internet, by which they could lay claim to all .com domain names which are arguably 'the same' as their mark. The Court may not create such property rights-in-gross as a matter of dilution law. ... Trademark law does not support such a monopoly.
                                                                                -- Strick Corporation v. James B. Strickland, EDPA (27-Aug-01) "

                                                                                http://www.domainhandbook.com/dd.html
                                                                                Thank you stocktrader23

                                                                                Finally some sense in the debate - I appreciate it greatly

                                                                                Comment

                                                                                • Furious_Female
                                                                                  Confirmed User
                                                                                  • Oct 2002
                                                                                  • 8187

                                                                                  #41
                                                                                  1-) Get an attorney

                                                                                  2-) Say nothing. Let him or her contact/reply to them for you. 7-11 already has an army of lawyers that will chew you up and make a new flavor out of you.

                                                                                  Chances are, it will be resolved by just dropping the domain name and references to that name.
                                                                                  Skype: j3nn.com
                                                                                  ICQ 160370494

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                                                                                  Comment

                                                                                  • baddog
                                                                                    So Fucking Banned
                                                                                    • Apr 2001
                                                                                    • 107089

                                                                                    #42
                                                                                    change it to dick slurper . . . . easy to do, and no legal woes that you will surely lose

                                                                                    Comment

                                                                                    • EvilDan
                                                                                      So Fucking Banned
                                                                                      • Sep 2001
                                                                                      • 179

                                                                                      #43
                                                                                      Originally posted by baddog
                                                                                      change it to dick slurper . . . . easy to do, and no legal woes that you will surely lose
                                                                                      Not a bad idea ;-)

                                                                                      Comment

                                                                                      • EvilDan
                                                                                        So Fucking Banned
                                                                                        • Sep 2001
                                                                                        • 179

                                                                                        #44
                                                                                        Originally posted by sweetums
                                                                                        Hey EvilDan,

                                                                                        The publicity might be good in the shortrun....but, if they have a international trademark on the name, I'm not sure if you'll win the war.

                                                                                        Either way.....best of luck, hon


                                                                                        *hugs*
                                                                                        OUch

                                                                                        Didnt see your post till now sorry

                                                                                        Anyways, many people have emailed me and shown me ways to get some serious publicity happening (if thats what I wanted to do)

                                                                                        But then again I have to weigh that against the cost of defending this POS

                                                                                        The main fact is that I didnt even know about this legal shyte unitl I read the AVN article. One of my staff rang me in Miami (when I met you) to say he had received an email about a spam an affiliate sent regarding 7-11, but I hadnt received any paperwork on it, so I didnt think any more of it - till now obviuosly

                                                                                        Aggghhhh - Ya know, it makes you wonder whether having a US shelf company is worth the head aches

                                                                                        It seems if you fart in the United States, some A-hole is going to sue you

                                                                                        In the end, my only real beef is that this site wasnt getting much traffic, and just wasnt a big issue to me. But if 7-11 go hard on it, it just might be a bread winner. If only they had called me (or emailed me)

                                                                                        Comment

                                                                                        • baddog
                                                                                          So Fucking Banned
                                                                                          • Apr 2001
                                                                                          • 107089

                                                                                          #45
                                                                                          Originally posted by EvilDan


                                                                                          Not a bad idea ;-)
                                                                                          I know, that is why I suggested it. You can Paypal me 10% of what you would have spent in legal expenses to show your appreciation

                                                                                          Comment

                                                                                          • myneid
                                                                                            Confirmed User
                                                                                            • Jan 2003
                                                                                            • 738

                                                                                            #46
                                                                                            if you are not in the US and your site isnt hosted in the US can they really touch you?
                                                                                            if that were true the us would spend all their tiime suing russian hackers.

                                                                                            that is unless the government of your country gets involved, which is unlikely for something like this.
                                                                                            Last edited by myneid; 09-04-2003, 11:46 PM.
                                                                                            Tanguy 0x7a69 inc. Programmer/President/CEO
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                                                                                            • GeXus
                                                                                              Confirmed User
                                                                                              • May 2003
                                                                                              • 3320

                                                                                              #47
                                                                                              Your fine dude.. There were numorous law suits against whitehouse.com, because white house is a trademark to some juice company.. and they suied.. whitehouse.com won.. just because its a trademark, doesnt meen you cant use it as a domain name..

                                                                                              Comment

                                                                                              • GeXus
                                                                                                Confirmed User
                                                                                                • May 2003
                                                                                                • 3320

                                                                                                #48
                                                                                                Originally posted by GeXus
                                                                                                Your fine dude.. There were numorous law suits against whitehouse.com, because white house is a trademark to some juice company.. and they suied.. whitehouse.com won.. just because its a trademark, doesnt meen you cant use it as a domain name..
                                                                                                Just to add.. Once you win.. Sue them back for wrongfully sueing you.. sue them for millions

                                                                                                Comment

                                                                                                • baddog
                                                                                                  So Fucking Banned
                                                                                                  • Apr 2001
                                                                                                  • 107089

                                                                                                  #49
                                                                                                  Originally posted by GeXus


                                                                                                  Just to add.. Once you win.. Sue them back for wrongfully sueing you.. sue them for millions
                                                                                                  a true legal genius

                                                                                                  Comment

                                                                                                  • DarkJedi
                                                                                                    No Refunds Issued.
                                                                                                    • Feb 2001
                                                                                                    • 28301

                                                                                                    #50
                                                                                                    Originally posted by myneid
                                                                                                    if you are not in the US and your site isnt hosted in the US can they really touch you?
                                                                                                    if that were true the us would spend all their tiime suing russian hackers.

                                                                                                    that is unless the government of your country gets involved, which is unlikely for something like this.
                                                                                                    they'll go for the domain registrar

                                                                                                    Comment

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