AskJolene Hit With BMW Cease-and-Desist Demand

Collapse
X
Collapse
 
  • Page of 2
  • Time
  • Show
Clear All
new posts
Previous 1 2 template Next
  • Halcyon
    Spread The Pink!
    • Dec 2002
    • 8609
    #51
    The way trademark law is written, a company must actively defend their mark or else lose it. Sometimes companies HAVE to go on the offensive in order to keep a legal trademark. Lame, I know.

    I battled a C & D a while back (non porn) and won. Mostly because my project was non-comercial at the time.
    HAL on TEDx:

      Comment

      • pornomatic
        Confirmed User
        • Aug 2003
        • 5607
        #52
        Originally posted by baddog
        you lost me. If someone takes a picture that has a BMW in it, there is no way that any search engine is going to be able to identify the picture as being one of a BMW
        A searchengine will collect a gallery by spidering it's content ( HTML/text and incoming links on that gallery), the only thing we do is show that gallery on a certain search/query by a search proces.

        As a searchengine I can't be responsible for content in the galleries it selve, neither as the sites that belong behind that content. That can't be our responsibility

        The only thing we are doing is show galleries upon request, if we found a gallery that matches that query we will show it.

        We "filter" the galleries out on adaware/pop-ups/trojans and other cheaters so we have a 900.000 galleries left over that we can show the user of our search engine upon request.

        Advidi.com -- Your Dating, Diet and Skincare Partner with over 1000 offers --

          Comment

          • pornomatic
            Confirmed User
            • Aug 2003
            • 5607
            #53
            Originally posted by RobinRichards
            see your story was picked up by http://www.fleshbot.com/
            Thanks for the notice

            Advidi.com -- Your Dating, Diet and Skincare Partner with over 1000 offers --

              Comment

              • Jace
                FBOP Class Of 2013
                • Jan 2004
                • 35562
                #54
                you're a search engine listing galleries...your not the bad guy, in fact, you shouldn't be even in the middle of this

                if they want someone, go after the gallery maker

                look at kazaa, the government said they are not at fault, the file sharers are

                  Comment

                  • pornomatic
                    Confirmed User
                    • Aug 2003
                    • 5607
                    #55
                    Originally posted by JaceXXX
                    you're a search engine listing galleries...your not the bad guy, in fact, you shouldn't be even in the middle of this

                    if they want someone, go after the gallery maker

                    look at kazaa, the government said they are not at fault, the file sharers are
                    Yes that's a good point you have there.

                    Advidi.com -- Your Dating, Diet and Skincare Partner with over 1000 offers --

                      Comment

                      • Steen2
                        Confirmed User
                        • Feb 2004
                        • 7662
                        #56
                        Originally posted by Jolene
                        Hi all,

                        Jolene in the middle of attack

                        I hope that my lawyers know what they doing, I don?t want to give up the freedom to distribute objective search results.

                        Just want to share this with you all

                        Jolene

                        The complete story:
                        http://biz.yahoo.com/prnews/041012/uktu013_1.html
                        Hope they are IP lawyers.
                        ICQ: 2262.73945

                          Comment

                          • Steen2
                            Confirmed User
                            • Feb 2004
                            • 7662
                            #57
                            Originally posted by JaceXXX
                            you're a search engine listing galleries...your not the bad guy, in fact, you shouldn't be even in the middle of this

                            if they want someone, go after the gallery maker

                            look at kazaa, the government said they are not at fault, the file sharers are
                            Search Google for "paris hilton".
                            ICQ: 2262.73945

                              Comment

                              • pornomatic
                                Confirmed User
                                • Aug 2003
                                • 5607
                                #58
                                Originally posted by Steen2
                                Search Google for "paris hilton".
                                that could be a point

                                Advidi.com -- Your Dating, Diet and Skincare Partner with over 1000 offers --

                                  Comment

                                  • Rochard
                                    Jägermeister Test Pilot
                                    • Dec 2001
                                    • 75762
                                    #59
                                    This is very interesting.

                                    While there is no doubt in my mind that BMW owns the trademarked name, I'm not sure how far it would carry over to the Internet. If you were trying to pass yourself off as an employee of BMW that might be one thing. But if a picture of their car, which is not owned by them, is in a picture I think you have every right to use the name in the description of the site or meta tags.

                                    I don't think they have a case, but you are facing off against the legal team at BMW. Yikes.
                                    Herschel Savage
                                    Brooklyn, NY

                                      Comment

                                      • Pornweaver
                                        Confirmed User
                                        • Aug 2004
                                        • 855
                                        #60
                                        BMW is the "Poor man's Mercedes".

                                          Comment

                                          • pornomatic
                                            Confirmed User
                                            • Aug 2003
                                            • 5607
                                            #61
                                            Originally posted by RocHard
                                            This is very interesting.

                                            While there is no doubt in my mind that BMW owns the trademarked name, I'm not sure how far it would carry over to the Internet. If you were trying to pass yourself off as an employee of BMW that might be one thing. But if a picture of their car, which is not owned by them, is in a picture I think you have every right to use the name in the description of the site or meta tags.

                                            I don't think they have a case, but you are facing off against the legal team at BMW. Yikes.
                                            Yes a company like that with so much money and power is worth investigating your options well.. since we still think we did nothing wrong we will have to wait for their answer on our letter.

                                            Advidi.com -- Your Dating, Diet and Skincare Partner with over 1000 offers --

                                              Comment

                                              • Scootermuze
                                                Confirmed User
                                                • Dec 2001
                                                • 4513
                                                #62
                                                Originally posted by mardigras
                                                Why don't they go after the owner(s) of the galleries (or their hosts)? They are the ones committing any infractions, not a search engine.
                                                Probably like one of Acacia's ploys with the 'contributory infringement' becuase of the simple fact that they have links to an alledged infringing site..

                                                  Comment

                                                  • Mefo
                                                    Confirmed User
                                                    • Jun 2002
                                                    • 6169
                                                    #63
                                                    Originally posted by Pornweaver
                                                    BMW is the "Poor man's Mercedes".
                                                    lol

                                                      Comment

                                                      Previous 1 2 template Next
                                                      Working...