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

[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?

[gornyhuy]

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

[Juicy D. Links]

your fucked man

[fiveyes]

I hate to say it but, on this one, I think you're going to have to suck it up.

[beemk]

at least redirect traffic to a similiar niche site

[doober]

send em to kwikemart

[EvilDan]

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

[eddie-executive]

I don't know i just had a brain freeze.

[beemk]

you're fucked

[AlienQ - BANNED FOR LIFE]

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

[ldinternet]

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?

[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.

[media]

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

[EvilDan]

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

[boneprone]

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.

[Ic3m4nZ]

Good luck dude you'll need it.

[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.

[EvilDan]

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

[eroswebmaster]

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.

[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*

[WiredGuy]

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

[KaLi]

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..

[brand0n]

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

[AWC]

how's signups?

[Fluid of Fuck Me]

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?

[Triple 6]

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.

[NemesisEnforcer]

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?

[MarkTiarra]

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?

[HEARTBREAKER]

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

[swami]

http://www.chillingeffects.org

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

[masta flash]

say the domain is actualy dicks lurpee

[Damian_Maxcash]

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

[FUCKuPAYme]

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

[swami]

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

[Strife]

you don't have much of a chance

[Fletch XXX]

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

[Fletch XXX]

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.

[stocktrader23]

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

[Resolute]

Suck it (Dick Slurpee ) and see

[EvilDan]

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

[Furious_Female]

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.

[baddog]

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

[EvilDan]

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 ;-)

[EvilDan]

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)

[baddog]

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

[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.

[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..

[GeXus]

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

[baddog]

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

[DarkJedi]

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