Napster wants my site because of trademark infringement - GoFuckYourself.com - Adult Webmaster Forum

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baddog

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#51

11-13-2003, 04:52 PM

Originally posted by Mlin2

Change whois so it reflects Mailing address in Russia or somehwere in the 3rd world country, they can do nothing then as there is no such a TM as "Napster" in those countries.

you are so brilliant, I am going to enjoy your pearls of wisdom for sure
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montel

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#52

11-13-2003, 04:54 PM

Originally posted by jennym
Napster Filing Date: 2000-06-28

May as well hand it over nicely.

Soes the fact that I do not live in the US make a difference?

Barefootsies
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baddog

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#53

11-13-2003, 04:55 PM

Originally posted by montel

Napster Trademark:
Serial Number 75981245
Filing Date June 28, 2000
Published for Opposition March 12, 2002
Registration Date June 4, 2002

My domain was:
Created on: 27-Dec-01

Do they take the date from the filing date or the date of registration?

dude, why are you bothering to ask if you don't want to hear the answer?

To keep asking until someone says what you want to hear is not going to change things.

If you do not want to believe what you are being told, hire an attorney, sounds like you are going to need one soon anyway
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baddog

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#54

11-13-2003, 04:56 PM

Originally posted by montel

Soes the fact that I do not live in the US make a difference?

no
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AllisonWonderland

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#55

11-13-2003, 04:56 PM

"Napster of Porn" wouldn't have much meaning or value without the "real" Napster, now would it? Your use of the word "Napster" directly infringes on the real one.
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JimmyReject

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#56

11-13-2003, 05:00 PM

Buy a new domain, forward your traffic there and put up a notice explaing napster are taking your name and to update bookmarks.

Drag the transfer out as long as possible and you'll keep most of your traffic.
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Scootermuze

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#57

11-13-2003, 05:30 PM

They can probably force you to take the site down, but they can't force you to turn the domain over to them.

Owning a domain with a trademarked name is the same as owning a video with a trademarked movie title.

You can own it, but you can't reproduce it, or profit from it..

So owning it and not being able to do anything with it is pretty useless.. but for a littel self satisfaction.. at least you know they don't have it.. and can't get it if you don't use it for anything but your own deal..
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jattt

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#58

11-13-2003, 05:57 PM

Disclaimer:
'The information in this post should not be given any weight and should not be considered as legal advise or used in any shape or form for the basis of any decision, I will not be held liable for any info posted here'

I'm not a lawyer but I study law,

In my opinion, If this is truly 'napster', they will only sue you if you have serious money, it costs a lot of $$$ to file a case and pay there lawyers and alot more to go to trial. You can't get water for a dry well. They will wan't to avoid it at all costs just as you would wan't to (Unless you got $$$). A quick settlement may be reached if the other party finds it reasonable! If you wan't to sleep at night, you may wan't to consider giving over the domain with little fuss.

Again this is a peasants advise, not legal.

If i ever become a lawyer, I woud wan't to get all those sponsors who fuck around with the little guys. I think alot of the big companies out there now made it big by taking advantage of the peons.

Read the disclaimer!!!
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Mlin2

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#59

11-13-2003, 06:00 PM

Originally posted by baddog

no

whateva
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StuartD

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#60

11-13-2003, 06:03 PM

was this a letter or an email? And what is the return address.

Please don't tell me it was sent from [email protected]

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This is me on twitter
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partytime

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#61

11-13-2003, 06:04 PM

I thought Napster went out of business? Well, that sucks, man.
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baddog

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#62

11-13-2003, 06:05 PM

Originally posted by jattt
blah - blah

The word is want, not wan't

That is all
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baddog

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#63

11-13-2003, 06:06 PM

Originally posted by partytime
I thought Napster went out of business? Well, that sucks, man.

Don't you watch Comedy Central or MTV? They are back
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Honeyslut

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#64

11-13-2003, 06:13 PM

http://www.whois.sc/search/?q=napste...00&bc=25&last=

http://nakedlunchnews.comWhat's up ? Naked Lunch News !
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#65

11-13-2003, 06:13 PM

www.fuckcbs.com

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There's love and hate, theres live or die.
When sickness comes I must decide:
When feelings go, theres suicide.
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Jman69

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#66

11-13-2003, 06:51 PM

redirect the domain to another site or sponsor and give the domain to Napster.
Take your time though.

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Burtman

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#67

11-13-2003, 07:02 PM

This remined me of the Nissan lawsuit and that guy had a great case against those motherfuckers but in the end it looks like they got him anyways.
http://nissan.com/

Burtman
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Probono

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#68

11-13-2003, 07:10 PM

It does not matter where in the world you are. Your domain was registered after they filed for a trademark. They have the trademark, ICANN has an administrative proceedure which will turn the domain over to them.

You might want to check this site out.

http://www.icann.org/udrp/
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Sexzity

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#69

11-13-2003, 07:27 PM

I have a question: Where will this end up. Off couse napster has the TM and they will get the domain. But what if sex.com want a domain with the word "sex" in it?
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baddog

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#70

11-13-2003, 07:40 PM

Originally posted by Sexzity
I have a question: Where will this end up. Off couse napster has the TM and they will get the domain. But what if sex.com want a domain with the word "sex" in it?

it is usually an issue of whether or not one might confuse the two as being related.
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baddog

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#71

11-13-2003, 07:41 PM

. . . . and it might be a little tough to trademark the word sex
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slavdogg

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#72

11-13-2003, 09:00 PM

Originally posted by baddog
. . . . and it might be a little tough to trademark the word sex

how do you think Kramen got the domain ?
when Cohen went after wrong people for trademark infigement on "sex"

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mannix

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#73

11-13-2003, 09:13 PM

Err ... if a called my website 'The McDonalds of Porn' then would I be surprised if Ronald sued me?

Stop being such a clown and give it over
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jattt

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#74

11-13-2003, 09:17 PM

'sex' is general, you can't TM it,

On the other hand if it were 'sexROBOR', or so, you could have it TM,

Napster in not general, people assosiate the name with %#$#, unless its your name, then you may use it, but not with any reference to the TM napster, and you can't use there logos, also you can not be in there line of business, for example if you where a mechanic,
Napster Auto Repairs whould be okay.

my opinion anyhow,

I'm not sure, but another thing I heard about copyright is, that if you edit an image, even slightly, then its considered a new image and not an infringement, I'm trying to find out more info about this.
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Mr. Porno King

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#75

11-13-2003, 09:31 PM

The problem isn't the trademarked name. The problem is that you're LIKENING yourself to a trademakred name. Simply having a trademarked name is not enough to get it taken away. Likening yourself to the company who owns the trademark, or offering competing services will just about fuck you out of it.

Sorry.

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EZRhino

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#76

11-13-2003, 11:55 PM

That sucks
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evilregis

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#77

11-14-2003, 12:08 AM

I'm thinking you lubed yourself up pretty good by throwing the napster logo up there.

eR
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Theo

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#78

11-14-2003, 12:08 AM

get a new domain having kazaa. Don't tell me your site has bookmarkers you are afraid to lose. Too much talk for nothing.
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Ozzymosis1

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#79

11-14-2003, 12:32 AM

Try and hold on to the name. Be a man ride it out till the end...

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#80

11-14-2003, 03:17 AM

So let me see if I got this right. Napster the peole who rip off the music companies are getting in a twist because someone is ripping them off?

Guess I would go to the press and the music companies.

Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500.
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who

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#81

11-14-2003, 03:37 AM

Don't be daft, they can't do anything to you.

if you domain is something like napsterporn.com, then just whack a disclaimer on the front, and put a fake copyright like N@psterporn, LLC.

Then buy a HUGE gun.
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rebel23

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#82

11-14-2003, 04:02 AM

Originally posted by Burtman
This remined me of the Nissan lawsuit and that guy had a great case against those motherfuckers but in the end it looks like they got him anyways.
http://nissan.com/

Burtman

sorry, this is nothing like the Nissan case, that was his surname (i believe) and he registered the domain name in 95, he has a good case as you say. Napster is a made up brand name and has a lot more protection under the law

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Va2k

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#83

11-14-2003, 04:10 AM

Originally posted by JDog

you're fucked, if they want the domain they can take it! That's why you DON'T use any trademark names Easy enough lesson?

jDoG
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JizzmanPDX

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#84

11-30-2003, 11:47 AM
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wtfent

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#85

11-30-2003, 11:53 AM

I would give up the domain unless you got a lawyer as good as theres, which I doubt.

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Ic3m4nZ

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#86

11-30-2003, 11:55 AM

Don't give it to them unless you get great $$$$$
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