7-11 is sueing me - what should I do? - Page 2 - GoFuckYourself.com

baddog · 09-05-2003, 01:06 AM

50 C&D's

baddog · 09-05-2003, 01:07 AM

Quote:

Originally posted by DarkJedi

they'll go for the domain registrar

he is a Nevada Corporation, the suggestion had no merit

Tipsy · 09-05-2003, 01:59 AM

People are missing a very important point - it's NOT just the domain name. He's even marketting as a kind of adult slurpee drink.

The best advice has been said though - hire a lawyer very quickly. None of the bullshit you get here is going to be of any real help.

I now have this image of you in a few years time, sitting under a bridge, swigging meths and telling the other bums 'I could have been someone but the guys on GFY said to fight it - so I did'.

Charter · 09-05-2003, 03:35 AM

1. What did the domain name cost you? 2. What did the site design cost you? 3. What did the content cost you? 4. What does your bandwidth cost you? 5. How much do you make from the site?

Add 1,2,3 & 4 together deduct that from 5. Take the result and deduct that from $4 million damages.

Are you still in profit?

1. Yes I'm still in profit
2. No I'm not in profit

If your answer is 1 fight it, if your answer is 2 hang yourself.

Seriously tho, The only bit of advice given in this post that's any good is get yourself a lawyer and specifically one who deals in net law.

This is what they do for a living and they know what they're talking about. This is the guy who can tell you the TRUTH of your situation. Good luck!

Odin88 · 09-05-2003, 04:33 AM

Quote:

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..

Also, the owner of google.no won his court case against google, and is now legally allowed to use the domain and name. Wonder how much google.com will eventually pay for it?

Anyway, from the domain side of things, you can beat it. However, with all things combined (design, concept, etc) I think you are really best to register dickslurper.com, roll over and submit to 7-11 and move on.

StacyCat · 09-05-2003, 05:13 AM

Also, take note of your traffic before and after the lawsuit. Its hard to claim they were damaged if no one went to the site :-)

It is possible to fight and win. But, is it worth several million dollars? If not, register another domain, and start over.

Theo · 09-05-2003, 05:22 AM

im not in states and although im familiar with tons of brand names, i dont recall to have heard Slurpee as well. I believe most probably didnt know about it, but still this is not enough in such cases. If you can transfer the domain and stop things it will be the best thing to do.

icedemon · 09-05-2003, 05:54 AM

Here is what I would do. Sell them the domain name. Find out how much it would cost them to take you to court and sell the domain name to them for 75% of what their lawyer fees would be to them. Your out of a lawsuit, can get alittle publicity that you settled with them and what the new domain name to your site will be because of the settlement and you've made a extra buck.

I have had friends do this and come out looking pretty good. I had one friend get $150,000 for a domain name that he was orginally going to get sued over, but instead turned it around, that they would be better off paying him for the domain name, rather than paying their lawyers to take him to court.

Theo · 09-05-2003, 06:08 AM

if they were planning at any point to buy the domain they wouldn't sue you that fast. I bet their lawyers are pretty much confident you'll give it back and run away. The whole event if gets publicity will only hurt you and the adult industry as a whole.

Publicity will give you a couple more signups per day, but that's all. Your defense costs will be many many many times more. If you manage to end up with profit after this you'll be my new heroe. Till then i'm stuck with Batman

Ross · 09-05-2003, 06:47 AM

You're seriously fucked mate!

FATPad · 09-05-2003, 06:54 AM

Quote:

Originally posted by Soul_Rebel
im not in states and although im familiar with tons of brand names, i dont recall to have heard Slurpee as well. I believe most probably didnt know about it, but still this is not enough in such cases. If you can transfer the domain and stop things it will be the best thing to do.

Everyone I know knows what a Slurpee is. It's not on the level of Coke, Pepsi, McDonalds, etc, but it's up there and very well known.

FATPad · 09-05-2003, 06:58 AM

btw, what does *YOUR* lawyer tell you to do?

Doesn't matter if everyone on GFY tells you to fight or run or sell. It's what your lawyer advises you to do that matters.

Personally, this is what I think, though. 7-11 is a gigantic company. They're in federal court with you now. They aren't really screwing around, and I doubt an attempt at selling the name to them will go over well. To fight them is going to take a lot of money. Slurpee is a fairly well known name, and the text on your site indicates you were intentionally playing on their name. I think you're doomed.

But again, talk to a real lawyer.

EvilDan · 09-05-2003, 07:15 AM

I'll say it again

In my country, we dont even know what a slurpee is, and this is the 1st time I have even heard of a law suit (an AVN article for goodness sake)

so it wasnt an intentional risk at all

I love my American friends very much and I love your country and would do anything for you all, but seriously guys, the world doesnt revolve around your 50 states all the time

We all dont each cheese burgers and fries

So now 7-11 has shot a gun at me, and I am just trying tomake heads or tails of what I should do, so I have asked the community for suggestions

So far we have had some super ideas..

Time will tell I suppose

baddog · 09-06-2003, 03:57 AM

Quote:

Originally posted by EvilDan

Not a bad idea ;-)

I see you decided to go with it . . . . need my Paypal address

GeXus · 09-06-2003, 04:04 AM

Dan.. If you choose not to take any chances.. you may transfer the domain to me, as owner, and I will take all responsibility for anything that happends..

ICQ me if your interested.

http · 09-06-2003, 05:13 AM

Transfer the domain to them immediately, without any strings attached or questions asked, then write them you transferred it, then explain how it all was a stupid mistake on your side and that you're very sorry, offer them a few thousand $ for their expenses, indicate (in friendly tone) that you are virtually broke and would have file for whatever the bancrupty law is in your country, also include if you have kids and family, and then hope for the best

Those who recommend to "fight it" need to grow up. You won't even survive the first round. If they really want they can make your life truly miserable for a really long time

com · 09-06-2003, 05:20 AM

Quote:

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?

Hahaha that sucks, but hilarious.

-Brendan

Terenzo · 09-06-2003, 05:32 AM

Quote:

Originally posted by FATPad
Everyone I know knows what a Slurpee is. It's not on the level of Coke, Pepsi, McDonalds, etc, but it's up there and very well known.

never heard of it. i dont know 7-eleven, either. i wouldnt even know "MountainDew" if i hadnt lived in the US. many american brands are not known in europe and vice versa. it even took a while till "Raiders" became "Twix"... Who knows "TacoBell"? 4 years ago i did not even know "Walmart" (learned it the first day in the US, LOL!)
german speaking people even think the word for a cellular "Handy" is an american/english expression... there is a lot of confussion over "english" and "english-english" expressions ... with brands its even worse...

to be back on topic, dont try to be a real smartass besides you really have fun with messing around in courtrooms (and maybe the media)

GeXus · 09-06-2003, 05:33 AM

Quote:

Originally posted by http
Transfer the domain to them immediately, without any strings attached or questions asked, then write them you transferred it, then explain how it all was a stupid mistake on your side and that you're very sorry, offer them a few thousand $ for their expenses, indicate (in friendly tone) that you are virtually broke and would have file for whatever the bancrupty law is in your country, also include if you have kids and family, and then hope for the best

Those who recommend to "fight it" need to grow up. You won't even survive the first round. If they really want they can make your life truly miserable for a really long time

Dude are you an idiot?

There has been DOZENS of cases where websites have been sued by trademark holders.. Who won everytime? the website..

http · 09-06-2003, 05:45 AM

At second thought, yes transfer it to the guy who offered to take the domain off your hands. I think he really needs & deserves it

kmanrox · 09-06-2003, 06:14 AM

people like WiredGuy are ppl you should be listening to... you should learn some seniority rankings in our industry to help you cypher thru the bullshit posts that people post here... fletchxxx is also very smart and intuitive... i'd heed their words...

VirtualObscurity · 09-06-2003, 06:29 AM

Move to a country that does not live on a culture of suing eachother.. then enjoy the publicity. Americans make me giggle.. I don't like what you just said so you owe me money. Cry babies..

If they are picking on you it really depends on how you feel, either give up your domain, or stand your ground... or you could argue that slurpee is a real word, and tell them to fuck off..

if I form blowjobs limited, could I take people to court for having blowjob in thier domain?

I don't mean to be rude dude, but dont stress over it.. at the worst they will take your doman... they won't want any bad publicity.. getting your legal rep to point out the possible negative publicity will probably sweeten the deal for them.

I wish you well in this case, but I cant help finding it funny how people always resort to legal action over the pettiest of things... people should grow up.

Lazy Bob · 09-06-2003, 07:12 AM

Similar situation happened to a friend of mine with ford. Get a good lawyer that can fight for you in the state that they plan on suing you in, and have him do all the wheeling and dealing with 7-11, hopefully you'll come to an agreement and settle for a few K plus signing a confidentiality clause.

The faster this is settled the better it is for all of you involved.

Of course this is just my

Tipsy · 09-06-2003, 07:21 AM

Quote:

Originally posted by GeXus

Dude are you an idiot?

There has been DOZENS of cases where websites have been sued by trademark holders.. Who won everytime? the website..

If you really believe that then he's not the one who's the idiot.

SleazyDream · 09-06-2003, 07:31 AM

Quote:

Originally posted by EvilDan

Didnt Larry parody many public names and people

didnt he get lots of promotion from it?

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

there's a big difference between a onr time paridy of a trademark term and an ongoing business basied on that trademarked name.

I doubt the word 'slurpee' EXISTED before 7-11 made it.

SleazyDream · 09-06-2003, 07:34 AM

Quote:

Originally posted by VirtualObscurity
Move to a country that does not live on a culture of suing eachother.. then enjoy the publicity. Americans make me giggle.. I don't like what you just said so you owe me money. Cry babies..

giggle is about all you'll get - if 7-11 files to icann 99% chance on a trademark issue like this with a term 7-11 CREATED you will loose the url.

BradShaw · 09-06-2003, 08:51 AM

Quote:

Originally posted by EvilDan

Didn't Larry parody many public names and people

didn't 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 wasn't set up intentionally to grab press. We didn't 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 global 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 - that's all

Hire a lawyer. I am sure he will immeditatly tell you to cease your uneducated public comments.

baddog · 09-06-2003, 01:14 PM

Larry Flynt did a parody about a person, a public person. He did not get sued for using a trademarked name.

Secondly, I am sorry, but there is no way in hell that you are going to convince me that you did not know what a Slurpee was, and that the name just came to you.

Of course this argument is irrelevant seeing as how he has already followed my suggestion and changed it to Dick Slurper.

icedemon · 09-06-2003, 02:34 PM

Quote:

Originally posted by Lazy Bob
Similar situation happened to a friend of mine with ford. Get a good lawyer that can fight for you in the state that they plan on suing you in, and have him do all the wheeling and dealing with 7-11, hopefully you'll come to an agreement and settle for a few K plus signing a confidentiality clause.

The faster this is settled the better it is for all of you involved.

Of course this is just my

This is what I had mentioned. I have had friends where they were going to get sued over a trademark of a domain name and my friends have always settled where the company bought the domain name from them for a couple of thousand.

NETbilling · 09-06-2003, 06:49 PM

Dan,

Talk to one of our merchants who has ALOT of experience with this. His name is also Dan and he owns whitehouse.com, house.com, sucks.com and many others.

Email him at: [email protected]

Mitch

p.s. Several years ago, I owned applecomputer.com for over 2 years before I got sued by Apple for it.

cherrytron · 09-07-2003, 09:24 PM

Looks like the guy over at http://www.spermslurpee.com/ has seen your news already .. either that or the guy has a weird way of traffic generation for that site it redirects to .. lol

I am from where Dan is (country) and he is right, "slurpee" here just means "cold / icy drink" really ..

There are plenty of other brands like "slush puppy" etc that get called slurpee's, but I suppose that is the reason they are so good, because they built that brand .. so yeah .. youre fucked ..

If I were you, I'd just take the site down ..

The fact that you "removed the site" the second you KNEW you were in trouble, just MIGHT help you out a little ..

cherrytron · 09-07-2003, 10:01 PM

and i bet if you owned http://www.cumslurpee.com your balls would be sweating by now.

tell me about "brand recognition" .. look at that huge cup of "slurpee cum"

NEW! Introducing cum slurpee, an ice cold salty pineapple juice flavored drink!

teenjump · 09-07-2003, 10:03 PM

One word: You're fucked.

Bake · 09-07-2003, 10:12 PM

If you do it right they cant touch you and even if they win whats it really going to cost you a 2$ self company? 99% of the time this type of stuff is 90% bluff. Tell them to suck your slurpie and milk it.

View Poll Results: What should I do?
agree to everything they say, and submit totally to them	25	37.31%
get as much press as I can, and tell the world about about it	42	62.69%
Voters: 67. You may not vote on this poll

09-05-2003, 01:59 AM	#53
Tipsy Confirmed User Join Date: Jul 2001 Location: See sig Posts: 6,989	People are missing a very important point - it's NOT just the domain name. He's even marketting as a kind of adult slurpee drink. The best advice has been said though - hire a lawyer very quickly. None of the bullshit you get here is going to be of any real help. I now have this image of you in a few years time, sitting under a bridge, swigging meths and telling the other bums 'I could have been someone but the guys on GFY said to fight it - so I did'. __________________ Ignorance is never bliss.

09-05-2003, 03:35 AM	#54
Charter Registered User Join Date: Jul 2003 Posts: 60	1. What did the domain name cost you? 2. What did the site design cost you? 3. What did the content cost you? 4. What does your bandwidth cost you? 5. How much do you make from the site? Add 1,2,3 & 4 together deduct that from 5. Take the result and deduct that from $4 million damages. Are you still in profit? 1. Yes I'm still in profit 2. No I'm not in profit If your answer is 1 fight it, if your answer is 2 hang yourself. Seriously tho, The only bit of advice given in this post that's any good is get yourself a lawyer and specifically one who deals in net law. This is what they do for a living and they know what they're talking about. This is the guy who can tell you the TRUTH of your situation. Good luck! __________________ www.24-7content.com

09-05-2003, 05:54 AM	#58
icedemon Confirmed User Join Date: Jun 2003 Location: Lutz, FL Posts: 1,022	Here is what I would do. Sell them the domain name. Find out how much it would cost them to take you to court and sell the domain name to them for 75% of what their lawyer fees would be to them. Your out of a lawsuit, can get alittle publicity that you settled with them and what the new domain name to your site will be because of the settlement and you've made a extra buck. I have had friends do this and come out looking pretty good. I had one friend get $150,000 for a domain name that he was orginally going to get sued over, but instead turned it around, that they would be better off paying him for the domain name, rather than paying their lawyers to take him to court. __________________ Clips4Sale.com

09-05-2003, 06:58 AM	#62
FATPad Confirmed User Join Date: Oct 2001 Posts: 6,693	btw, what does YOUR lawyer tell you to do? Doesn't matter if everyone on GFY tells you to fight or run or sell. It's what your lawyer advises you to do that matters. Personally, this is what I think, though. 7-11 is a gigantic company. They're in federal court with you now. They aren't really screwing around, and I doubt an attempt at selling the name to them will go over well. To fight them is going to take a lot of money. Slurpee is a fairly well known name, and the text on your site indicates you were intentionally playing on their name. I think you're doomed. But again, talk to a real lawyer. __________________ <a href="http://www.adultcontent.co.uk">Adult Content UK - Great British Content</a>

09-05-2003, 01:06 AM	#51
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	50 C&D's

09-05-2003, 05:13 AM	#56
StacyCat Confirmed User Join Date: May 2002 Location: Texas Posts: 1,167	Also, take note of your traffic before and after the lawsuit. Its hard to claim they were damaged if no one went to the site :-) It is possible to fight and win. But, is it worth several million dollars? If not, register another domain, and start over.

09-05-2003, 05:22 AM	#57
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	im not in states and although im familiar with tons of brand names, i dont recall to have heard Slurpee as well. I believe most probably didnt know about it, but still this is not enough in such cases. If you can transfer the domain and stop things it will be the best thing to do.

09-05-2003, 06:08 AM	#59
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	if they were planning at any point to buy the domain they wouldn't sue you that fast. I bet their lawyers are pretty much confident you'll give it back and run away. The whole event if gets publicity will only hurt you and the adult industry as a whole. Publicity will give you a couple more signups per day, but that's all. Your defense costs will be many many many times more. If you manage to end up with profit after this you'll be my new heroe. Till then i'm stuck with Batman

09-05-2003, 06:47 AM	#60
Ross Ik ben een aap Industry Role: Join Date: Sep 2002 Location: Traffic Force Towers, Canada! Posts: 18,874	You're seriously fucked mate!

09-05-2003, 07:15 AM	#63
EvilDan So Fucking Banned Join Date: Sep 2001 Location: I like being Down Under Posts: 179	I'll say it again In my country, we dont even know what a slurpee is, and this is the 1st time I have even heard of a law suit (an AVN article for goodness sake) so it wasnt an intentional risk at all I love my American friends very much and I love your country and would do anything for you all, but seriously guys, the world doesnt revolve around your 50 states all the time We all dont each cheese burgers and fries So now 7-11 has shot a gun at me, and I am just trying tomake heads or tails of what I should do, so I have asked the community for suggestions So far we have had some super ideas.. Time will tell I suppose

09-06-2003, 04:04 AM	#65
GeXus Confirmed User Join Date: May 2003 Location: Yo Mommas Pussy Posts: 3,320	Dan.. If you choose not to take any chances.. you may transfer the domain to me, as owner, and I will take all responsibility for anything that happends.. ICQ me if your interested. __________________

09-06-2003, 05:13 AM	#66
http Confirmed User Join Date: Oct 2001 Posts: 1,811	Transfer the domain to them immediately, without any strings attached or questions asked, then write them you transferred it, then explain how it all was a stupid mistake on your side and that you're very sorry, offer them a few thousand $ for their expenses, indicate (in friendly tone) that you are virtually broke and would have file for whatever the bancrupty law is in your country, also include if you have kids and family, and then hope for the best Those who recommend to "fight it" need to grow up. You won't even survive the first round. If they really want they can make your life truly miserable for a really long time

09-06-2003, 05:45 AM	#70
http Confirmed User Join Date: Oct 2001 Posts: 1,811	At second thought, yes transfer it to the guy who offered to take the domain off your hands. I think he really needs & deserves it

09-06-2003, 06:14 AM	#71
kmanrox aka K-Man Industry Role: Join Date: Oct 2001 Location: The Gutter Posts: 29,292	people like WiredGuy are ppl you should be listening to... you should learn some seniority rankings in our industry to help you cypher thru the bullshit posts that people post here... fletchxxx is also very smart and intuitive... i'd heed their words... __________________ Crypto HODLr Crypto mining Angel investor

09-06-2003, 06:29 AM	#72
VirtualObscurity Registered User Join Date: Jul 2003 Posts: 27	Move to a country that does not live on a culture of suing eachother.. then enjoy the publicity. Americans make me giggle.. I don't like what you just said so you owe me money. Cry babies.. If they are picking on you it really depends on how you feel, either give up your domain, or stand your ground... or you could argue that slurpee is a real word, and tell them to fuck off.. if I form blowjobs limited, could I take people to court for having blowjob in thier domain? I don't mean to be rude dude, but dont stress over it.. at the worst they will take your doman... they won't want any bad publicity.. getting your legal rep to point out the possible negative publicity will probably sweeten the deal for them. I wish you well in this case, but I cant help finding it funny how people always resort to legal action over the pettiest of things... people should grow up.

09-06-2003, 07:12 AM	#73
Lazy Bob Registered User Join Date: Dec 2002 Location: LI, NY Posts: 37	Similar situation happened to a friend of mine with ford. Get a good lawyer that can fight for you in the state that they plan on suing you in, and have him do all the wheeling and dealing with 7-11, hopefully you'll come to an agreement and settle for a few K plus signing a confidentiality clause. The faster this is settled the better it is for all of you involved. Of course this is just my

09-06-2003, 01:14 PM	#78
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	Larry Flynt did a parody about a person, a public person. He did not get sued for using a trademarked name. Secondly, I am sorry, but there is no way in hell that you are going to convince me that you did not know what a Slurpee was, and that the name just came to you. Of course this argument is irrelevant seeing as how he has already followed my suggestion and changed it to Dick Slurper.

09-06-2003, 06:49 PM	#80
NETbilling Confirmed User Industry Role: Join Date: Jan 2002 Location: Huntington Beach, CA Posts: 8,584	Dan, Talk to one of our merchants who has ALOT of experience with this. His name is also Dan and he owns whitehouse.com, house.com, sucks.com and many others. Email him at: [email protected] Mitch p.s. Several years ago, I owned applecomputer.com for over 2 years before I got sued by Apple for it. __________________ Mitch Farber CEO - NETbilling, Inc. Email / Phone: 888-357-8166 / 661-252-2456 Transaction processing & 24/7 call center services with exceptional rates and flexibility, since 1998!

09-07-2003, 09:24 PM	#81
cherrytron Registered User Join Date: Mar 2003 Location: Brisbane, Australia Posts: 19	Looks like the guy over at http://www.spermslurpee.com/ has seen your news already .. either that or the guy has a weird way of traffic generation for that site it redirects to .. lol I am from where Dan is (country) and he is right, "slurpee" here just means "cold / icy drink" really .. There are plenty of other brands like "slush puppy" etc that get called slurpee's, but I suppose that is the reason they are so good, because they built that brand .. so yeah .. youre fucked .. If I were you, I'd just take the site down .. The fact that you "removed the site" the second you KNEW you were in trouble, just MIGHT help you out a little .. __________________ cherrytron

09-07-2003, 10:01 PM	#82
cherrytron Registered User Join Date: Mar 2003 Location: Brisbane, Australia Posts: 19	and i bet if you owned http://www.cumslurpee.com your balls would be sweating by now. tell me about "brand recognition" .. look at that huge cup of "slurpee cum" NEW! Introducing cum slurpee, an ice cold salty pineapple juice flavored drink! __________________ cherrytron

09-07-2003, 10:03 PM	#83
teenjump So Fucking Banned Join Date: Jul 2003 Posts: 1,595	One word: You're fucked.

09-07-2003, 10:12 PM	#84
Bake Confirmed User Industry Role: Join Date: Jan 2001 Location: Outback of bumfuck Aussie Posts: 5,263	If you do it right they cant touch you and even if they win whats it really going to cost you a 2$ self company? 99% of the time this type of stuff is 90% bluff. Tell them to suck your slurpie and milk it. __________________ Buy great domains from drunken burned out old webmaster CHEAP bullseyeporn.com art-met.com and more. Learn how to make a easy extra $500 per week