AskJolene Hit With BMW Cease-and-Desist Demand - Page 2 - GoFuckYourself.com

Halcyon · 10-13-2004, 04:33 PM

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.

Mike Dutch · 10-13-2004, 04:50 PM

Quote:

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.

Mike Dutch · 10-13-2004, 04:52 PM

Quote:

Originally posted by RobinRichards
see your story was picked up by http://www.fleshbot.com/

Thanks for the notice

Jace · 10-13-2004, 05:07 PM

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

Mike Dutch · 10-14-2004, 12:02 AM

Quote:

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.

Steen2 · 10-14-2004, 12:05 AM

Quote:

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.

Steen2 · 10-14-2004, 12:06 AM

Quote:

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".

Mike Dutch · 10-14-2004, 09:12 AM

Quote:

Originally posted by Steen2
Search Google for "paris hilton".

that could be a point

Rochard · 10-14-2004, 09:30 AM

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.

Pornweaver · 10-14-2004, 09:36 AM

BMW is the "Poor man's Mercedes".

Mike Dutch · 10-14-2004, 03:36 PM

Quote:

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.

Scootermuze · 10-14-2004, 03:50 PM

Quote:

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..

Mefo · 10-15-2004, 12:50 AM

Quote:

Originally posted by Pornweaver
BMW is the "Poor man's Mercedes".

lol

10-13-2004, 04:33 PM	#51
Halcyon Spread The Pink! Join Date: Dec 2002 Location: TrampStampStudios.com Posts: 8,609	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:

10-14-2004, 09:30 AM	#59
Rochard Jägermeister Test Pilot Industry Role: Join Date: Dec 2001 Location: NORCAL Posts: 74,001	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. __________________ “The choice is no longer between right or left. The choice is between normal and crazy.” - Sarah Huckabee Sanders YNOT MAIL \| THE BEST ADULT MAILING SOLUTION

10-13-2004, 05:07 PM	#54
Jace FBOP Class Of 2013 Industry Role: Join Date: Jan 2004 Location: bumfuck, ky Posts: 35,562	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

10-14-2004, 09:36 AM	#60
Pornweaver Confirmed User Join Date: Aug 2004 Posts: 855	BMW is the "Poor man's Mercedes".