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View Poll Results: AFFILIATES, what do you think?
bull shit, what they are doing is fucking affiliates. 123 93.89%
what they are doing is ok. 8 6.11%
Voters: 131. You may not vote on this poll

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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed.

 
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Old 10-21-2011, 11:18 PM   #51
epitome
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50 fucked affiliates
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Old 10-21-2011, 11:28 PM   #52
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Originally Posted by lagcam View Post
Yes that is bullshit, nobody disagrees with that. It was a bad tactic that neither the OP nor any affiliate for that matter deserves but the fact of the matter is that due to the original thread on GFY (not this one) the matter was resolved to the satisfaction of the people concerned and the thread was closed ie nothing more to discuss.

We have all learned from this episode, and I am sure that Fleshlight in particular will handle similar cases better in the future. Stopping promoting something just because of one badly handled matter is silly.

As I said before, whatever a company's stated terms of business at the outset, using a trademarked word or phrase in a domain name is asking for trouble.
ok, next time I will check with you before posting. If I would have known this matter was closed to your satisfaction I wouldn't have started this thread.


btw 64 - 2

Actually there were several other people in that thread that were getting fucked by fleshlight and were still talking about it. So while that thread was closed, the fact of the matter is that fleshlight is fucking more than just the original "op". He might be fine with getting fucked and looked at it as resolved, apparently others were not ready to bend over and take it up the ass and still wanted to talk about it.

Further more, these type of situations are "topics of discussion" for affiliates to talk about with other affiliates, how we get screwed time and time again by these companies. I guess you missed the title "affiliates, what do you think... "

If this is a topic you don't think is worth talking about any longer, I am sure you can find the door. However, it seems like you want to stay and continue to share your wisdom with us...
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Last edited by will76; 10-21-2011 at 11:34 PM..
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Old 10-21-2011, 11:38 PM   #53
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ok, next time I will check with you before posting. If I would have known this matter was closed to your satisfaction I wouldn't have started this thread.


btw 64 - 2
Eric closed the thread Will not me. Talk to him if you think it was closed prematurely.
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Old 10-22-2011, 12:12 AM   #54
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Eric closed the thread Will not me. Talk to him if you think it was closed prematurely.
Eric closed the thread because it was resolved between the OP and FleshLight.... ok well mainly because Fleshlight is an advertiser here and I am sure they contacted him.

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Like most people here, I have no dog in this fight but I thought the matter had been resolved to the satisfaction of the people concerned?
I was informing you that your comment above was not correct. There were a lot more people involved than just the op and no one else seemed to be satisfied. Just because Eric closed that thread, doesn't mean that other affiliates can't discuss what happened.
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Old 10-22-2011, 12:23 AM   #55
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lolol 62-2
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Old 10-22-2011, 12:29 AM   #56
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i wonder who the 2 are?
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Old 10-22-2011, 01:31 AM   #57
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Pretty interesting as those can't be all affils voting 70-2. That's almost unheard of for a poll.
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Old 10-22-2011, 01:33 AM   #58
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Obviously it must be 70 trolls, and the 2 new FNCash employees. lol.
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Old 10-22-2011, 01:39 AM   #59
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Indeed, troll solidarity! hehe Good to see

Trolls of a feather stick together or something like that.
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Old 10-22-2011, 02:11 AM   #60
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I have contacted them and got an account just yesterday i believe it was. 2 sale's only and i get a free fleshlight. Now that i see they are that kind of company to treat their affiliates like complete monkey shit and hold earnings. Fuck em. I'm pretty sure 98% of affiliates are going to stay away if they see this thread/threads.

2000$ isn't much, but if you could have stated proof and a non update of TOS after x amount of years matuloo has sold for them.. That's something you take to court... You don't do that shit.

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Old 10-22-2011, 02:23 AM   #61
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i think they (FN) fucked up....
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Old 10-22-2011, 02:54 AM   #62
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i suspect that most sales come from search results and they want only there domain name to apear, which i can understand.

but they were foolish to allow this from the start.
Not allowing your affiliates pages to show up in the search engines would require your affiliates to block googlebot or add all pages that include the word 'fleshlight' to robots.txt... Like that's ever gonna happen. In the other thread KlenTelaris used the following analogy to demonstrate how ridiculous Fleshlights entire position is:
Quote:
This kind a look like if you would sell coca-cola on street and shouting "coca-cola on sale"and then their lawyer would come and say "you cant shout coca-cola on sale,you infringing our trademark,you can only say non-alcoholic beverage on sale".
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Old 10-22-2011, 02:58 AM   #63
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It is trademark infringement, he's pushing fleshlights on a domain with the trademarked word fleshlight in the domain name.
It's not trademark infringement as he never pretended to be Fleshlight or a representative or agent of Fleshlight. His fleshlight review site (in other words: him writing his opinion on fleshlight) is covered by the fair use clause.
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Old 10-22-2011, 03:07 AM   #64
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Pretty much every company's terms state that they can change their terms when they want to.
Yes, and every one of those companies could tomorrow change its TOS to include that you now need to send a picture of yourself rubbing chocolate sauce over your butt cheeks whilst licking tabasco off of a baseball bat as proof of identity in order to get paid.

The fact that they could do something or claim they have the right to do something does not make it a good business decision.
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Old 10-22-2011, 09:31 AM   #65
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After making claims in the past that it is ok to use the name "fleshlight" in your url when promoting their affiliate program, they recently have been contacting affiliates and threatening to not pay them unless they transfered ownership of that domain to FleshLight.

One such case played out in this thread: https://gfy.com/showthread.php?t=1042415 which is now locked.

In the past FNCash has said:

https://gfy.com/showpost.php?p=12860205&postcount=93

So as recent as a couple years ago they were publicly stating it was ok to go register a domain name with fleshlight in it, spend your time and money promoting and seo that domain and when you get to the point where you making good money from it they change their minds. They tell you, I am holding your money and not going to pay you unless you transfer ownership of the domain to us.

What do you think, bullshit or ok to pull this?


IMO, since they gave the ok to do this and then allegedly decided they needed to protect their trademark, a good compromise would have been to have the domain ownership transfered to FNCash, however allow the affiliate to leave the site as is with his referral links on it so he could still get credit for the sales and not lose all of his hard work and time.


Affiliates discuss....
I agree with you 100%. I they want to own the domain simply transfer domain but let the webmaster host and run the site that's what we did. Reality is there is no harm in the copyright in doing this from what I've been told
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Old 10-22-2011, 09:34 AM   #66
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I agree with you 100%. I they want to own the domain simply transfer domain but let the webmaster host and run the site that's what we did. Reality is there is no harm in the copyright in doing this from what I've been told
I have heard this from other sponsors as well.. I think it was femjoy I asked if I can register a domain to promote one of their sites and they said I could they just wanted to own the domain.. I passed on the offer but its good to know that is an option.
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Old 10-22-2011, 10:03 AM   #67
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Eric closed the thread Will not me. Talk to him if you think it was closed prematurely.
The poll is a good thing.

nice job will
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Old 10-22-2011, 11:36 AM   #68
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It's not trademark infringement as he never pretended to be Fleshlight or a representative or agent of Fleshlight. His fleshlight review site (in other words: him writing his opinion on fleshlight) is covered by the fair use clause.
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Yes, and every one of those companies could tomorrow change its TOS to include that you now need to send a picture of yourself rubbing chocolate sauce over your butt cheeks whilst licking tabasco off of a baseball bat as proof of identity in order to get paid.

The fact that they could do something or claim they have the right to do something does not make it a good business decision.
It's nice to see someone that understands this. This has fuck all to do with TOS and the fact that they gave explicit permission is just more proof of their idiocy. From the start his site was legal. The fact that they gave permission would make any site legal. I absolutely guarantee you that withholding funds that were rightfully his until he gave up his valuable property is illegal and they would lose in court.
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Old 10-22-2011, 11:43 AM   #69
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It's not trademark infringement as he never pretended to be Fleshlight or a representative or agent of Fleshlight. His fleshlight review site (in other words: him writing his opinion on fleshlight) is covered by the fair use clause.
I don't get how he never pretended to be fleshlight. He has the trademarked term fleshlight in his domain name and he's selling fleshlights!

When it comes to trademark rights it's pretty bleak since it's entirely enforced through private lawsuits. To my knowledge there are no clauses that automatically means an enforcer has no grounds in court.

Anyways, I don't really want to argue semantics because either way they're pieces of shit.

That's like me giving an affiliate permission to remove a watermark and then sue them for copyright infringement after they've made me 10s of thousands.

The fact he's not the only affiliate they fucked over makes me pretty pissed off. What even irks me more is they defended their position by pointing to their 'new' terms and conditions. When they owe everyone an apology for scamming their affiliates by giving them permission then later making legal threats.
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Old 10-22-2011, 11:43 AM   #70
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It's nice to see someone that understands this. This has fuck all to do with TOS and the fact that they gave explicit permission is just more proof of their idiocy. From the start his site was legal. The fact that they gave permission would make any site illegal. I absolutely guarantee you that withholding funds that were rightfully his until he gave up his valuable property is illegal and they would lose in court.
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Wrongful or groundless threats of infringement

Various jurisdictions have laws which are designed to prevent trademark owners from making wrongful threats of trademark infringement action against other parties. These laws are intended to prevent large or powerful companies from intimidating or harassing smaller companies.

Where one party makes a threat to sue another for trademark infringement, but does not have a genuine basis or intention to carry out that threat, or does not carry out the threat at all within a certain period, the threat may itself become a basis for legal action.[18] In this situation, the party receiving such a threat may seek from the Court a declaratory judgment; also known as a declaratory ruling.
..........
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Old 10-22-2011, 11:46 AM   #71
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I don't get how he never pretended to be fleshlight. He has the trademarked term fleshlight in his domain name and he's selling fleshlights!

When it comes to trademark rights it's pretty bleak since it's entirely enforced through private lawsuits. To my knowledge there are no clauses that automatically means an enforcer has no grounds in court.

Anyways, I don't really want to argue semantics because either way they're pieces of shit.

That's like me giving an affiliate permission to remove a watermark and then sue them for copyright infringement after they've made me 10s of thousands.

The fact he's not the only affiliate they fucked over makes me pretty pissed off. What even irks me more is they defended their position by pointing to their 'new' terms and conditions. When they owe everyone an apology for scamming their affiliates by giving them permission then later making legal threats.
is he personally selling them? Or is he linking to the original products affiliate program, something as defined as an 'affiliate program'

Quote:
Affiliate marketing is a marketing practice in which a business rewards one or more affiliates for each visitor or customer brought about by the affiliate's own marketing efforts.
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Old 10-22-2011, 11:48 AM   #72
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..........
That makes it even more pathetic / hilarious. I feel bad for this guy, I would be livid.
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Old 10-22-2011, 11:48 AM   #73
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I agree with you 100%. I they want to own the domain simply transfer domain but let the webmaster host and run the site that's what we did. Reality is there is no harm in the copyright in doing this from what I've been told
that is because you are an honest, stand up guy and you weren't trying to fuck your affiliates out of income. I am sure FleshLight could have thought up the same solution I did, that you have also used, but their objective wasn't trademark protection, but simply trying to get out of paying those affiliates sales.
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Old 10-22-2011, 11:52 AM   #74
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It's nice to see someone that understands this. This has fuck all to do with TOS and the fact that they gave explicit permission is just more proof of their idiocy. From the start his site was legal. The fact that they gave permission would make any site legal. I absolutely guarantee you that withholding funds that were rightfully his until he gave up his valuable property is illegal and they would lose in court.
I am not an attorney but I asked the question... does giving permission publicly for affiliates to use your "trademark" and then allowing said affiliates to continue to use said trademark for 6 years, does that nullify any claim they have to now enforce "trademark infringement".

Like I said I'm not an attorney, but seems like if you tell people its ok to do and let them do it for several years, then you lose the ability to pull the "infringing" card against them in the future.
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Old 10-22-2011, 11:59 AM   #75
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I am not an attorney but I asked the question... does giving permission publicly for affiliates to use your "trademark" and then allowing said affiliates to continue to use said trademark for 6 years, does that nullify any claim they have to now enforce "trademark infringement".

Like I said I'm not an attorney, but seems like if you tell people its ok to do and let them do it for several years, then you lose the ability to pull the "infringing" card against them in the future.
Yes, two separate things.

He had a right to his domain from the beginning, with or without permission, because it is an opinion site. As long as he doesn't represent himself as the owner / spokesperson for Fleshlight he was fine legally. Sure, they could have not taken his traffic but he would still own his domain and could put ads or monetize it another way.

The fact that they gave anyone permission to use the domain makes this much worse. That means sites with names like fleshlightgirls.com would be OK, even though they just posted pictures of girls using Fleshlights on men or something. Without permission fleshlightgirls.com would be infringement. Once you give permission for someone to use your trademark in this way you lose the right to protect it from such use. They blackmailed him with threats of not paying him his own money in an effort to take over his domain which is illegal. From what was posted above it looks like the unfounded claims of infringement might even be actionable on top of that.

They are shitty all around, they are wrong about his site infringing and even if he wasn't covered under that part of the law the permission makes them wrong again. At this point they are as backasswards as you can get in an argument and should be ashamed of themselves. I would bet hard earned money that they knew all of this before they held his money, they just didn't expect him to fight them on it.
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Old 10-22-2011, 12:56 PM   #76
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So, 3 people out of 95 actually believe what they're doing is okay? Pretty lopsided results so far
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Old 10-22-2011, 01:09 PM   #77
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A trademark is the property of the owner. So, affiliates are embarking on a very dangerous journey to register domains containing it.
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Old 10-22-2011, 01:33 PM   #78
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A trademark is the property of the owner. So, affiliates are embarking on a very dangerous journey to register domains containing it.
Only an idiot would post 100% INCORRECT information when the entire thread is full of proof that the information is incorrect.
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Old 10-22-2011, 01:51 PM   #79
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bullshit, for all the reasons already stated

i received my FN Cash approval the day before/day of this shit hitting the fan. won't be using it now...unless they make it right

i see no reason why a company in our industry with an "un-tube-able", hard product needs to make such a harsh (and two-faced) maneuver.... well, i do but i'll let someone else say it.
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Old 10-22-2011, 02:27 PM   #80
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bullshit, for all the reasons already stated

i received my FN Cash approval the day before/day of this shit hitting the fan. won't be using it now...unless they make it right

i see no reason why a company in our industry with an "un-tube-able", hard product needs to make such a harsh (and two-faced) maneuver.... well, i do but i'll let someone else say it.
Their product might be "un-tube-able" but they have been one of the biggest advertisers on legal and illegal tube sites since day one, not to mention their ads fly on beasty sites and worst.
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Old 10-22-2011, 02:30 PM   #81
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where are they with their shitty crappy crying blah blah empty dumb still again and again the fucking brain blocked responses?
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Old 10-22-2011, 02:34 PM   #82
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where are they with their shitty crappy crying blah blah empty dumb still again and again the fucking brain blocked responses?
It appears that their people have been given orders not to respond further.
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Old 10-22-2011, 02:39 PM   #83
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Their product might be "un-tube-able" but they have been one of the biggest advertisers on legal and illegal tube sites since day one, not to mention their ads fly on beasty sites and worst.
all the more reason why the whole legality stance falls on its face
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Old 10-22-2011, 03:39 PM   #84
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Ignoring this makes them look even worse.
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Old 10-22-2011, 03:42 PM   #85
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Old 10-22-2011, 04:44 PM   #86
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bump for fuck fncash
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Old 10-22-2011, 04:48 PM   #87
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bump for fuck fncash
What was that again?
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Old 10-22-2011, 05:56 PM   #88
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Ignoring this makes them look even worse.
not sure what they can say. probably better off ignoring it and hoping it goes away or crying to the mods to try to get this thread deleted.
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Old 10-23-2011, 10:54 AM   #89
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Old 10-23-2011, 12:15 PM   #90
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fleshlight is royally fucking affiliates, this was a BAD MOVE - they hired some new tool whose goal is to increase profits, but who doesn't think farther than his big fucking nose - therefore he forgets, fleshlight was built because OF affiliates!! idiot!!

links pulled, there are tons of other sex toy companies to promote, fuck fleshlight and their money hungry capitalists that care about profits and not the people who helped them build their empire!
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Old 10-23-2011, 12:34 PM   #91
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The question is who are the six program owners and reps who voted that it was okay? If they don't work for FNCash then it'd be good to know because chances are they will be fucking affiliates soon enough too.
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Old 10-24-2011, 07:46 AM   #92
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When will Fleshlight reply?
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Old 10-24-2011, 08:25 AM   #93
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According to poll they are fucking affiliates,95% of ppl voted for it....
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Old 10-28-2011, 07:51 PM   #94
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As quoted from another board.

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This is not legal advice but those in the US may want to consider resisting the surrender of domains under fair use clause. There is no way Google can be sued by Playboy for having their trademarked brand appear in the URL of search terms. Just as an approved affiliate or partner should have the very same rights to fair use. Imagine how it would play out if stores were told they could not advertise the brands they sell in print or web advertising on the grounds of trademark Dilution. Affiliates seriously need to band together in protest when there is common interest and fight the man or else they will go the way of the dodo bird.

The Ninth Circuit held that the domain names buy-a-lexus.com and buyorleaselexus.com could be fair use of the Lexus trademark. Toyota Motor Sales, U.S.A., Inc. v. Tabari, opinion by Judge Kozinski dated July 8, 2010. Excerpts are below.

The district court applied the eight-factor test for likelihood of confusion articulated in AMF Inc. v. Sleekcraft Boats, 599 F.2d 341, 348-49 (9th Cir. 1979), and found that the Tabaris? domain names ? buy-a-lexus.com and buyorleaselexus.com? infringed the Lexus trademark. But we?ve held that the Sleekcraft analysis doesn?t apply where a defendant uses the mark to refer to the trademarked good itself. ? The Tabaris are using the term Lexus to describe their business of brokering Lexus automobiles; when they say Lexus, they mean Lexus. We?ve long held that such use of the trademark is a fair use, namely nominative fair use. And fair use is, by definition, not infringement.?

In cases where a nominative fair use defense is raised, we ask whether (1) the product was ?readily identifiable? without use of the mark; (2) defendant used more of the mark than necessary; or (3) defendant falsely suggested he was sponsored or endorsed by the trademark holder.

On remand, Toyota must bear the burden of establishing that the Tabaris? use of the Lexus mark was not nominative fair use. A finding of nominative fair use is a finding that the plaintiff has failed to show a likelihood of confusion as to sponsorship or endorsement. ? A defendant seeking to assert nominative fair use as a defense need only show that it used the mark to refer to the trademarked good, as the Tabaris undoubtedly have here. The burden then reverts to the plaintiff to show a likelihood of confusion.


http://simmonstrialpractice.com/fair...ninth-circuit/

Where the principle of exhaustion applies, it has also been recognized that a trader is permitted to advertise goods using the mark under which they were placed on the market, provided that it does not do so in a way which causes confusion or damage to the reputation of the mark?.If this is the position under the applicable trademark law or laws, the Panel considers that a trader in genuine branded goods can have a legitimate interest in using a domain name incorporating the brand name for a website promoting and selling the branded goods, provided that the trader does not use the domain name so as to cause confusion, for example by indicating that the website is approved by the brand owner.

Affiliates Rights To Domain Names

In response to First Amendment concerns, the new law expressly exempts certain uses of a famous mark, in particular:

(1) "fair use" of a mark in the context of comparative commercial advertising or promotion;
(2) non-commercial uses, such as parody, satire and editorial commentary; and
(3) all forms of news reporting and news commentary.


Federal Trademark Dilution Act - Wikipedia, the free encyclopedia

As with copyright law, the trademark fair use doctrine is premised in significant part on the First Amendment guarantees of free speech.

Fair use (U.S. trademark law) - Wikipedia, the free encyclopedia
TRADEMARKS 101 - Fair Use & Nominative Use Lanham Act
https://www.eff.org/issues/bloggers/legal/liability/IP
FAQ about Trademark -- Chilling Effects Clearinghouse
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Old 10-28-2011, 11:12 PM   #95
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I hope whoever was responsible for this is fired at FNcash but sadly, I doubt it.
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Old 10-28-2011, 11:24 PM   #96
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I hope whoever was responsible for this is fired at FNcash but sadly, I doubt it.
Unfortunately, I think it was the owner and I don't think he realizes what an ass he has made of his company in the eyes of affiliates.

Dumb-De-Dumb, business as usual.
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Old 10-29-2011, 01:38 AM   #97
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A trademark is the property of the owner. So, affiliates are embarking on a very dangerous journey to register domains containing it.
You of all people should know better than to make such a blanket statement. A trademark is more than just a term, it is also a matter of usage. Also if consent was given, which it appears it was.
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Old 10-29-2011, 08:52 AM   #98
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Guess what i voted ?

This is pure bullshit !
What makes me sad is that lots of sponsors will start pulling stuff like this as sells decline.
Fuck off...
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Old 10-29-2011, 11:26 AM   #99
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Old 10-29-2011, 02:00 PM   #100
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Guess what i voted ?

This is pure bullshit !
What makes me sad is that lots of sponsors will start pulling stuff like this as sells decline.
Fuck off...
Start pulling links now for people who you suspect will do this. It's not to hard to see who is an asshole and who isn't just by spending a couple minutes reading their posts. You can't call them all but you can call most. Who are some competitors to FNCash by the way?
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