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Old 02-17-2004, 04:06 PM   #1
iTugIt
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letter from an attorney representing AOL

one of my websites, Always On Live - Cams (www.aol-webcams.com) is now being threatened by some attorney from aol.

To sum it up, the letter says that AOL is an internationally known company and is very famous and the AOL mark is recognized by consumers as a distinct symbol of the company's goodwill.

The letter also says that AOL recognizes that my site has links to pornographic materials and strongly objects to such content. Says my actions are likely to confuse consumers into believing AOL endorses or is affiliated my site.

Says my actions violate the Anticybersquatting Protection Act, which provides statutory damages of between $1,000 and $100,000 per domain.

Says that they want me to sign an agreement to transfer my domain name to them.

Says I am using their marks(AOL, and or trademarked graphics).
My site looked nothign like an AOL site and specifically stated at the bottom of each page that aol-webcams.com was not affiliated with AOL, AOL-Time Warner. That aol-webcams was an abbreviation for Always On Live webcams.

Only people that are well knowldeged with this situation reply.

It is to be noted that aol-webcams never looked anything like any AOL sites, and never had any graphics or color scheme similiar to theirs.
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Old 02-17-2004, 04:07 PM   #2
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you're still using their name in your url... you're not likely to win this battle

edit - and I'm 100% sure you knew full well what you were doing when you registered it with aol in the name,
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Old 02-17-2004, 04:09 PM   #3
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Tell them to fuck off. They are violating your trademark and they owe you money. Turn it around on them.
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Old 02-17-2004, 04:09 PM   #4
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you might as well transfer the domain over to aol now
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Old 02-17-2004, 04:10 PM   #5
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I've had my run-ins with AOL lawyers in the past although not for Trademark disputes. You're best getting counsel of course, but from a business standpoint, weigh in how much revenue this domain brings in for you and the cost of going to court over this. We both know AOL has infinitely deep pockets so it only seems like its worth fighting if you make a substantial amount of revenue from this. Otherwise, it just may be easier to get a new domain and continue your venture from there.

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Old 02-17-2004, 04:11 PM   #6
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I see you used your brain when you registered that domain now you are crying.....IDIOT wtf did you expect??????????
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Old 02-17-2004, 04:12 PM   #7
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they probably just wanna setup a webcam site for users
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Old 02-17-2004, 04:13 PM   #8
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I would give it to them and move on. Hell you just registered it in January. If you took the time to write a disclaimer on the bottom you had to know you were walking in a grey area.
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Old 02-17-2004, 04:13 PM   #9
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Unless you had this site up before AOL was in business you're screwed.
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Old 02-17-2004, 04:14 PM   #10
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I see you used your brain when you registered that domain now you are crying.....IDIOT wtf did you expect??????????
Great reply.
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Old 02-17-2004, 04:15 PM   #11
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good luck with it cause you'll need it

always on live is not even a phrase used.

http://www.google.com/search?hl=en&i...ays+on+live%22
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Old 02-17-2004, 04:17 PM   #12
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AOL pretty much steals domains with "aol" in them

Those bastards even tried copywriting "You've Got Mail"
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Old 02-17-2004, 04:21 PM   #13
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Get a new name today, start redirecting your traffic their immediately and branding your new name while you still have control of the original domain. You're not going to win this one. Think I could start a company called honey urine naked TGP and use the domain hunTGP.com? No, and AOL has about a thousand times more legal power than the hun.
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Old 02-17-2004, 04:47 PM   #14
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Tell them to fuck off. They are violating your trademark and they owe you money. Turn it around on them.

Yeah... Fight AOL, that's a great idea.
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Old 02-17-2004, 04:50 PM   #15
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Don't waste your money with a lawyer.

Get a new domain....and change it fast. Think of 12 lawyers getting ready to pounce on you.
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Old 02-17-2004, 04:50 PM   #16
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Old 02-17-2004, 04:52 PM   #17
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Originally posted by XxXotic
you're still using their name in your url... you're not likely to win this battle

edit - and I'm 100% sure you knew full well what you were doing when you registered it with aol in the name,
XxX, you're right! He's gonna lose! Using AOL in a url like that is just fucking stupid!

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Old 02-17-2004, 04:54 PM   #18
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Good luck with that one
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Old 02-17-2004, 04:57 PM   #19
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I'm ashamed you're from my home state. Give them the domain then go out and enjoy Mardi Gras.
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Old 02-17-2004, 05:04 PM   #20
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They will likely just take the domain from you as they have in the past with others.. They are a domain registar and they know how to misuse their power as one to steal names.. I'd suggest if you do plann on fighting this to make sure your name is locked.
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Old 02-17-2004, 05:07 PM   #21
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Drop the domain. You will lose.
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Old 02-17-2004, 05:10 PM   #22
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Yes, you better do as they say. You're not allowed to use the AOL trademark for your own profit.
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Old 02-17-2004, 05:16 PM   #23
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fight it!
AOL isnt doing well right now. they just let go a butt load of employees.

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Old 02-17-2004, 05:28 PM   #24
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Figure out a price and ask them for it... sell them the url...

An amount that is reasonable... They would figure it will be cheaper to settle then pay their attorney's fees... something like 2K or so...

Just an advice...

Good Luck
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Old 02-17-2004, 05:31 PM   #25
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rofl
you made that domain with full intentions of spammin the piss outta AOL, and hoping the surfers presume you are a new aol service or somethin to that effect.

tell me im wrong, please. tell me im wrong.
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Old 02-17-2004, 05:40 PM   #26
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Nothing comes up for me so I cannot comment on the little logos/icons whatever... but I would tell them to fuck off or pay you for the site and domain. Why should they get all your traffic for free...

But I see their point... people ARE that fucking stupid to believe that AOL would be affiliated with you just because you have it in the domain.

Good luck to you... that is a tricky one...
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Old 02-17-2004, 05:43 PM   #27
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Figure out a price and ask them for it... sell them the url...

An amount that is reasonable... They would figure it will be cheaper to settle then pay their attorney's fees... something like 2K or so...

Just an advice...

Good Luck
Bad advice. Once you offer it to them for money, you confirm you are squatting. It will then much easier to sue you for the name, damages, AND lawyers fees.
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Old 02-17-2004, 05:45 PM   #28
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time to bend over and lube up cause your about to get your ass Reamed

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Old 02-17-2004, 08:50 PM   #29
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Bad advice. Once you offer it to them for money, you confirm you are squatting. It will then much easier to sue you for the name, damages, AND lawyers fees.
First I would consider what you have to lose, I would not fight this if they could recover anything from you. On the other hand, I think that trying to sell your domain AT A REASONABLE PRICE would be at worst pro facie (apparent, not necessarily conclusive) evidence of squatting. I would say 1-2K is probably safe unless they really want blood. Just don't hire a lawyer, one that will be compotent to defend you will cost like $5000 if it doesn't go to trial. If it does it could be more that $50,000. Definately NOT worth it.
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Old 02-17-2004, 08:53 PM   #30
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yep had this happen to me aswell

for aolonline.tv

nothing you can do but hand it over

no matter how much you try to defend your postion, you are going to loose as did i.
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Old 02-17-2004, 08:54 PM   #31
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You realize even if he offered them the domain for $100 they would respond with an immediate lawsuit almost gauranteed?
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Old 02-17-2004, 08:57 PM   #32
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Originally posted by jiggity_dot_com
one of my websites, Always On Live - Cams (www.aol-webcams.com) is now being threatened by some attorney from aol.

To sum it up, the letter says that AOL is an internationally known company and is very famous and the AOL mark is recognized by consumers as a distinct symbol of the company's goodwill.

The letter also says that AOL recognizes that my site has links to pornographic materials and strongly objects to such content. Says my actions are likely to confuse consumers into believing AOL endorses or is affiliated my site.

Says my actions violate the Anticybersquatting Protection Act, which provides statutory damages of between $1,000 and $100,000 per domain.

Says that they want me to sign an agreement to transfer my domain name to them.

Says I am using their marks(AOL, and or trademarked graphics).
My site looked nothign like an AOL site and specifically stated at the bottom of each page that aol-webcams.com was not affiliated with AOL, AOL-Time Warner. That aol-webcams was an abbreviation for Always On Live webcams.

Only people that are well knowldeged with this situation reply.

It is to be noted that aol-webcams never looked anything like any AOL sites, and never had any graphics or color scheme similiar to theirs.
you will not win this one.
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Old 02-17-2004, 09:06 PM   #33
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Fuck it! Move on
There are other names that are better out there.
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Old 02-17-2004, 09:38 PM   #34
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Hit me up, I have a couple of domains that would work well for you and I'll transfer them to you at cost - IF you're interested in branding a cam site as opposed to leeching off of aol.

alwaysonlivecam(s).com is available, as well (err, maybe not now...) if you're interested.

garce [at] garcemac [dot] com

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Old 02-17-2004, 09:40 PM   #35
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I see you used your brain when you registered that domain now you are crying.....IDIOT wtf did you expect??????????
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Old 02-18-2004, 12:12 AM   #36
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Quote:
Originally posted by juicylinks
I see you used your brain when you registered that domain now you are crying.....IDIOT wtf did you expect??????????
Crying? Kiss my ass you fucking faggot. I make sales all fucking day buddy. I'm not crying about anything. I was looking for help as to whether i should give up the domain.

You're a piece of shit.

To everyone who has been mature and helpful, thank you
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Old 02-18-2004, 12:15 AM   #37
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Quote:
Originally posted by fletcher


Great reply.
Fuck you Fletcher.

When I called the site www.web.com before registering the domain, i explained my concerns and I was told it was all good.

Was wondering if web.com had any liability.
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Old 02-18-2004, 12:17 AM   #38
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Originally posted by MattO
www.not-aol-webcams.com is available
LMAO, that's awesome!
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Old 02-18-2004, 12:19 AM   #39
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Quote:
Originally posted by JDog


XxX, you're right! He's gonna lose! Using AOL in a url like that is just fucking stupid!

jDoG
you're fucking stupid!

I knew what I would be getting into. It just pisses me off that they can do this. they do not own the fucking web do they?

If my name was Albert Oscar Lenard, and I wanted to make a homepage for myself called aolshomepage.com, i couldnt do that?
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Old 02-18-2004, 12:19 AM   #40
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they most likely found you because of your disclaimer ranking in search engines with search terms AOL and time warner. You fighting a losing battle AOL is trade marked and your using the name if anything you should have stated AOL stood for Adults Only Links
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Old 02-18-2004, 12:20 AM   #41
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AOL is just like M$
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Old 02-18-2004, 12:20 AM   #42
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Quote:
Originally posted by stocktrader23
I'm ashamed you're from my home state. Give them the domain then go out and enjoy Mardi Gras.
youre from the "dirty south"?

You fucking whigger, go fuck yourself!

Do a whois on my domain and stop by my fucking house, Ill give you a surprise
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Old 02-18-2004, 12:23 AM   #43
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Quote:
Originally posted by Roger
Yes, you better do as they say. You're not allowed to use the AOL trademark for your own profit.
What trademark???? How can they own 3 letters to a domain name. This is not how the internet is supposed to be setup.

This is what I do not understand!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

If I made a site for cocaine users called cokeuserstryingtostop.com, can coca-cola sue me?
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Old 02-18-2004, 12:25 AM   #44
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Quote:
Originally posted by Moe B.
Figure out a price and ask them for it... sell them the url...

An amount that is reasonable... They would figure it will be cheaper to settle then pay their attorney's fees... something like 2K or so...

Just an advice...

Good Luck
I was thinking the exact same thing. They can't muscle me around or sue me for anything because, well, let's just say there's not much traceable income attatched to me.
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Old 02-18-2004, 12:27 AM   #45
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oops nm... they do.

I did a search before and they didn't.

Strange.

Last edited by goBigtime; 02-18-2004 at 12:32 AM..
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Old 02-18-2004, 12:28 AM   #46
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Fuck you Marina!
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Old 02-18-2004, 12:30 AM   #47
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Originally posted by integrated
yep had this happen to me aswell

for aolonline.tv

nothing you can do but hand it over

no matter how much you try to defend your postion, you are going to loose as did i.
I would love to talk to you on the phone, email me at [email protected] please
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Old 02-18-2004, 12:31 AM   #48
xxxinnovations
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Quote:
Originally posted by jiggity_dot_com


I was thinking the exact same thing. They can't muscle me around or sue me for anything because, well, let's just say there's not much traceable income attatched to me.
As far as them considering attorney fees being more than paying you money... that is false. They have these lawyers on some type of structured pay. They have to work so many hours for AOL and use up the time they're paid for.

Asking for something reasonable probably won't work either, but it's worth a try. There is no sense in fighting AOL, quite frankly, you'll lose.

-Xinnov
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Old 02-18-2004, 12:33 AM   #49
iTugIt
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Quote:
Originally posted by brand0n
rofl
you made that domain with full intentions of spammin the piss outta AOL, and hoping the surfers presume you are a new aol service or somethin to that effect.

tell me im wrong, please. tell me im wrong.
I dont spam anything. Spamming is soooo 1999
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Old 02-18-2004, 12:34 AM   #50
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Why ask, if you are going to just rip the people that make comments?
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