Gucci Trademark Lawers sent me a letter! - GoFuckYourself.com

mongo · 10-19-2001, 07:06 PM

Dear Sir:

We are counsel to Gucci Group, N.V. and Gucci America, Inc. (collectively AGucci@), owners of the world-famous trademark and trade name GUCCI, as well as the website www.gucci.com.

It has recently come to our client=s attention that you are operating the website with the domain name wwwgucci.com, and have used that site to advertise and promote pornographic materials and services.

The use of that domain name in that manner constitutes trademark infringement in violation of 15 U.S.C. 1114(1), a false designation of source or sponsorship in violation of 15 U.S.C. 1125(a), trademark dilution and trademark tarnishment in violation of 15 U.S.C. § 1125(d) as well as an act of unfair competition.

In view of the foregoing, on behalf of Gucci, we make the following demands:

1. You promptly send us an e-mail or telefax containing the following:

a. A representation that your company will immediately turn off or remove the infringing web page from the Internet.

b. A representation that your company will immediately cease the use of the name GUCCI on any domain name, website or advertising.

c. A representation that your company will agree to immediately transfer the domain name wwwgucci.com to Gucci America, Inc. We will provide you with the appropriate forms.

Anyone have any experiance at this?Do i have to give them my domain now?Or just not link it to Porn?..I took it down now but this is how i make my money from re-directing domains..Id hate to loose the traffic.

Does anyone have some experiance on the new trademark law that just passed!

GiggleBerries · 10-19-2001, 07:15 PM

You'd better do as they ask. You are infringing on their trademark no matter how you slice it.

Have a look at:
http://dailynews.yahoo.com/h/nf/2001...c/13880_1.html

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TheFLY · 10-19-2001, 07:19 PM

GUCCI

Grandmothers
Under
Crack
Cocain
Influence

Ludedude · 10-19-2001, 07:29 PM

Yeah, you don't have a leg to stand on, unless MAYBE your name happens to be Gucci, and even then it's not certain.

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mongo · 10-19-2001, 07:34 PM

LOL..my names is Gucci...
No, but my business is called wwwgucci.com and i sell Gucci sunglasses!...eh?

GiggleBerries that link is broken

m0rph3us · 10-19-2001, 07:38 PM

Trademark dillution only happens if the certain service is in the same trade/domain as the trademark owner.

In english, unless they are selling sunglasses on wwwgucci.com they have nothing to fear.

Take microsoft's Windows?. It is a trademark only in software. If i were a glass manufacturing factory i can own windows.com and sell glass on it. As long as it doesn't sell software the trademark isn't dilluted.

Zebra · 10-19-2001, 07:41 PM

I got a letter almost exactly like that from Calloway Golf (makers of the Big Bertha Driver) because I had a porn site up on bigbertha.com
Nevermind that the term "Big Bertha" was originally used in WWII as the nickname for a large cannon..
But they had LOTS of lawyers on the list with addresses on 5th Avenue and I did not feel like fighting. Luckily I got the letter the day before I left for IA2000 and was able to talk to several domain experts and lawyers there and their advice was that unless I was making tons of meoney off the domain there was no reason to fight. I deleted the domain rather than give it to them like they asked. Someone else registered it right away and put up a golf site. I talked to him about a year later and he said that Calloway had talked to him and as long as he put up a disclaimer saying the site was not affiliated with them they would not bother him..go figure.. looking at the WHOIS now though it looks like Calloway finally got the domain although there is nothing on it..

One other cool domain thing.. I noticed seanconnery.com coming available a few years ago and used a script to grab it even though I had no idea what to do with it. After letting it sit for a year I put up a page stating that if Sean Connery wanted the domain I would give it to him for free. The offer was noticed by several people (the site usually got 500-1000 type-ins a day) and it was mentioned in several news stories. Sean Connery's agent eventually heard about it and contacted me about transferring the domain. After making sure he was not another crackpot claiming to be or represent Sir Sean (I usually got 2-3 of those a week) I arranged for the transfer. Still waiting on Network Solutions to stop dragging their ass on the transfer though. The agent went on Vacation in the Bahamas with Sean in August and had him give me a call and write me a nice letter thanking me for the domain. He also sent a cool autographed card with a caricature of him as Bond. Not bad for a $100 or so investment..

I also own charlesmanson.com

Thanks to California laws I can do whatever I want with the domain and he cannot do a single thing about it. Got a letter from him back in '98 not long after I got it. He asked me not to make him look like an evil person LOL.. A few of his "family" have also contacted me (at home which is weird since I have my old office # on the domain and my home number is unlisted) and I have never done anything actually about Manson on the site other than use his pic. I offer free e-mail on it and have about 15K users since late '98. Thinking of putting an Online Head Shop on it though.. Manson Bongs and Pipes and such

I sold Manson T-shirts a few years ago and sold out of my 200 shirt supply in about 2 weeks.. made about $10 off each shirt but the shipping was a pain in the ass..might do it again if I find a decent drop-shipper.

The point behind this long thread is that unless you are actually making money from a domain or have a purpose that cannot be achieved with a different domain name, why fight to keep it if you know you are infringing? All it will do is cost you money and time..and you will lose against someone with the money Gucci has. They are notorious for suing and winning claims against people for trademark infringement.

Clownbarf · 10-19-2001, 08:24 PM

Unless you're making madcow cash, I wouldn't touch trademarks with a 10ft pole. I'm not saying that you don't have a chance in hell if you were to take it to court, but damn, who has the time for all that BS? Let alone the $$ that needs to be put into hiring a lawyer. These copyright lawyers know that.

Zebra, that's mighty kind what you did with seanconnery.com Hopefully when the transaction is final he'll reimburse you or at least write you a thank you letter.

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Roberto · 10-19-2001, 08:31 PM

zebra: how about cafepress.com for your manson shirts!??!?!?!
btw, i want 5%

RedShoe · 10-19-2001, 08:37 PM

http://www.adultxxxlaw.com/

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lightswitch · 10-19-2001, 08:38 PM

wow i didnt think it mattered if your Domain name was the same as trademark. here what I'd do, sell it to them. tell them you can drag it out or get a couple of K out of it. It cost you nothing to get leagal papers, cost them a couple hundred an hour, economicaly is in teh best interest of you both.

lightswitch · 10-19-2001, 08:39 PM

how do you offically trademark some thing anyways?

goodgirl · 10-19-2001, 08:44 PM

I had that with toshopnow.com, Shopnow accused me of making a shopping mall. Offered to sue me or give me $1000, my lawyer sent them a letter back and they backed off.

I didn't take it offline because of a threat, to me that makes you look guilty.

It boils down to if you want to pay an attorney, I just got lucky and one owed me a favor! lol

gg

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kmanrox · 10-20-2001, 03:29 AM

you're fucked buddy...

tommy hilfiger pulled that shit on me and my lawyer said to cough it up...

lord knows i have about 6 domains that you would shit a golden brick if you saw them ;-)

Itchy · 10-20-2001, 04:51 AM

Hey Tell them you want a Watch
http://www.internetnews.com/isp-news...7691%2C00.html

Humm Wonder if that other person out in Burnaby Is Worried He/She has guccisucks.com
Should call and see what they have to say about it

the real magoo · 10-20-2001, 05:54 AM

I say - keep the domain up and redirect the traffic to a Gucci store and make money on selling their clothes.

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pimplink · 10-20-2001, 07:43 AM

My 2 cents:

Follow the cease and desist letter or this can happen to you: http://www.keytlaw.com/urls/typosquatter.htm

as you can tell its very expensive. Also, you may want to drop all your other domains that use typos and mention brandnames.

It can get very expensive everytime you get sued because the new anticybersquatting law forces YOU to pay the other side's lawyer [assuming that they win]

lightswitch · 10-20-2001, 11:27 AM

Quote:

Originally posted by Itchy:
[B]Hey Tell them you want a Watch
http://www.internetnews.com/isp-news...7691%2C00.html
B]

Shit looks liek those Gucci lawyers are on a rampage!

mongo · 10-20-2001, 12:15 PM

kmanrox did you have their domain or a mistype?
what im gathering is wwwgucci.com can be legal for me to own,it can be a DogShampoo company or anything not realated to gucci americas trademarks!Theres over 50 Gucci trademarks, gucci america only hold about 10 live trademarks!

I might ne wrong here but still doing reasearch!

10-19-2001, 07:06 PM	#1
mongo Registered User Join Date: Oct 2001 Location: SoCal Posts: 4	Gucci Trademark Lawers sent me a letter! Dear Sir: We are counsel to Gucci Group, N.V. and Gucci America, Inc. (collectively AGucci@), owners of the world-famous trademark and trade name GUCCI, as well as the website www.gucci.com. It has recently come to our client=s attention that you are operating the website with the domain name wwwgucci.com, and have used that site to advertise and promote pornographic materials and services. The use of that domain name in that manner constitutes trademark infringement in violation of 15 U.S.C. 1114(1), a false designation of source or sponsorship in violation of 15 U.S.C. 1125(a), trademark dilution and trademark tarnishment in violation of 15 U.S.C. § 1125(d) as well as an act of unfair competition. In view of the foregoing, on behalf of Gucci, we make the following demands: 1. You promptly send us an e-mail or telefax containing the following: a. A representation that your company will immediately turn off or remove the infringing web page from the Internet. b. A representation that your company will immediately cease the use of the name GUCCI on any domain name, website or advertising. c. A representation that your company will agree to immediately transfer the domain name wwwgucci.com to Gucci America, Inc. We will provide you with the appropriate forms. Anyone have any experiance at this?Do i have to give them my domain now?Or just not link it to Porn?..I took it down now but this is how i make my money from re-directing domains..Id hate to loose the traffic. Does anyone have some experiance on the new trademark law that just passed!

10-19-2001, 07:15 PM	#2
GiggleBerries Confirmed User Join Date: Oct 2001 Location: The pay phone outside the 7-11 Posts: 357	You'd better do as they ask. You are infringing on their trademark no matter how you slice it. Have a look at: http://dailynews.yahoo.com/h/nf/2001...c/13880_1.html ------------------ Dot Matrix TGP System GiggleBerries.com TGP Russian TGP Submitter

10-19-2001, 07:19 PM	#3
TheFLY So Fucking Banned Join Date: Jan 2001 Location: http://www.thefly.net/ --- Quit your job and live off steady traffic. Posts: 11,856	GUCCI Grandmothers Under Crack Cocain Influence

10-19-2001, 07:29 PM	#4
Ludedude Suck it! Industry Role: Join Date: Jun 2001 Location: Who wants to know? Posts: 4,432	Yeah, you don't have a leg to stand on, unless MAYBE your name happens to be Gucci, and even then it's not certain. ------------------ Make BANK with these Babes! The Webmaster's Folder The Midnight TGP2 Submitter

10-19-2001, 07:34 PM	#5
mongo Registered User Join Date: Oct 2001 Location: SoCal Posts: 4	LOL..my names is Gucci... No, but my business is called wwwgucci.com and i sell Gucci sunglasses!...eh? GiggleBerries that link is broken

10-19-2001, 07:38 PM	#6
m0rph3us Confirmed User Join Date: Mar 2001 Location: Principality of Sealand Posts: 2,033	Trademark dillution only happens if the certain service is in the same trade/domain as the trademark owner. In english, unless they are selling sunglasses on wwwgucci.com they have nothing to fear. Take microsoft's Windows?. It is a trademark only in software. If i were a glass manufacturing factory i can own windows.com and sell glass on it. As long as it doesn't sell software the trademark isn't dilluted.

10-19-2001, 07:41 PM	#7
Zebra Banned from Kimmy's couch Industry Role: Join Date: Oct 2001 Location: Down at Fraggle Rock Posts: 5,091	I got a letter almost exactly like that from Calloway Golf (makers of the Big Bertha Driver) because I had a porn site up on bigbertha.com Nevermind that the term "Big Bertha" was originally used in WWII as the nickname for a large cannon.. But they had LOTS of lawyers on the list with addresses on 5th Avenue and I did not feel like fighting. Luckily I got the letter the day before I left for IA2000 and was able to talk to several domain experts and lawyers there and their advice was that unless I was making tons of meoney off the domain there was no reason to fight. I deleted the domain rather than give it to them like they asked. Someone else registered it right away and put up a golf site. I talked to him about a year later and he said that Calloway had talked to him and as long as he put up a disclaimer saying the site was not affiliated with them they would not bother him..go figure.. looking at the WHOIS now though it looks like Calloway finally got the domain although there is nothing on it.. One other cool domain thing.. I noticed seanconnery.com coming available a few years ago and used a script to grab it even though I had no idea what to do with it. After letting it sit for a year I put up a page stating that if Sean Connery wanted the domain I would give it to him for free. The offer was noticed by several people (the site usually got 500-1000 type-ins a day) and it was mentioned in several news stories. Sean Connery's agent eventually heard about it and contacted me about transferring the domain. After making sure he was not another crackpot claiming to be or represent Sir Sean (I usually got 2-3 of those a week) I arranged for the transfer. Still waiting on Network Solutions to stop dragging their ass on the transfer though. The agent went on Vacation in the Bahamas with Sean in August and had him give me a call and write me a nice letter thanking me for the domain. He also sent a cool autographed card with a caricature of him as Bond. Not bad for a $100 or so investment.. I also own charlesmanson.com Thanks to California laws I can do whatever I want with the domain and he cannot do a single thing about it. Got a letter from him back in '98 not long after I got it. He asked me not to make him look like an evil person LOL.. A few of his "family" have also contacted me (at home which is weird since I have my old office # on the domain and my home number is unlisted) and I have never done anything actually about Manson on the site other than use his pic. I offer free e-mail on it and have about 15K users since late '98. Thinking of putting an Online Head Shop on it though.. Manson Bongs and Pipes and such I sold Manson T-shirts a few years ago and sold out of my 200 shirt supply in about 2 weeks.. made about $10 off each shirt but the shipping was a pain in the ass..might do it again if I find a decent drop-shipper. The point behind this long thread is that unless you are actually making money from a domain or have a purpose that cannot be achieved with a different domain name, why fight to keep it if you know you are infringing? All it will do is cost you money and time..and you will lose against someone with the money Gucci has. They are notorious for suing and winning claims against people for trademark infringement.

10-19-2001, 08:24 PM	#8
Clownbarf Confirmed User Join Date: Oct 2001 Posts: 283	Unless you're making madcow cash, I wouldn't touch trademarks with a 10ft pole. I'm not saying that you don't have a chance in hell if you were to take it to court, but damn, who has the time for all that BS? Let alone the $$ that needs to be put into hiring a lawyer. These copyright lawyers know that. Zebra, that's mighty kind what you did with seanconnery.com Hopefully when the transaction is final he'll reimburse you or at least write you a thank you letter. ------------------ Up to $1.15 for an email

10-19-2001, 08:31 PM	#9
Roberto Confirmed User Join Date: Oct 2001 Posts: 1,459	zebra: how about cafepress.com for your manson shirts!??!?!?! btw, i want 5%

10-19-2001, 08:37 PM	#10
RedShoe 赤い靴 call me 202-456-1111 Industry Role: Join Date: Feb 2001 Location: The Valley Posts: 14,831	http://www.adultxxxlaw.com/ ------------------ <A HREF="http://bootybone.com" TARGET=_blank>RedShoe is: </A> BoneProne Family Member

10-19-2001, 08:38 PM	#11
lightswitch Confirmed User Join Date: Feb 2001 Location: Butte, MT, USA Posts: 870	wow i didnt think it mattered if your Domain name was the same as trademark. here what I'd do, sell it to them. tell them you can drag it out or get a couple of K out of it. It cost you nothing to get leagal papers, cost them a couple hundred an hour, economicaly is in teh best interest of you both.

10-19-2001, 08:39 PM	#12
lightswitch Confirmed User Join Date: Feb 2001 Location: Butte, MT, USA Posts: 870	how do you offically trademark some thing anyways?

10-19-2001, 08:44 PM	#13
goodgirl Confirmed User Industry Role: Join Date: Jul 2001 Location: Behind the monitor since 1988 Posts: 1,679	I had that with toshopnow.com, Shopnow accused me of making a shopping mall. Offered to sue me or give me $1000, my lawyer sent them a letter back and they backed off. I didn't take it offline because of a threat, to me that makes you look guilty. It boils down to if you want to pay an attorney, I just got lucky and one owed me a favor! lol gg ------------------ Good Girls Swallow TGP Good Girls Clean Gallery List Eraser Cash Synergy Design & Technologies

10-20-2001, 03:29 AM	#14
kmanrox aka K-Man Industry Role: Join Date: Oct 2001 Location: The Gutter Posts: 29,292	you're fucked buddy... tommy hilfiger pulled that shit on me and my lawyer said to cough it up... lord knows i have about 6 domains that you would shit a golden brick if you saw them ;-)

10-20-2001, 04:51 AM	#15
Itchy Datetronix.com Industry Role: Join Date: Jan 2001 Location: Chill-A-Wack BC Posts: 6,524	Hey Tell them you want a Watch http://www.internetnews.com/isp-news...7691%2C00.html Humm Wonder if that other person out in Burnaby Is Worried He/She has guccisucks.com Should call and see what they have to say about it

10-20-2001, 05:54 AM	#16
the real magoo So Fucking Banned Join Date: Sep 2001 Location: EU Posts: 1,637	I say - keep the domain up and redirect the traffic to a Gucci store and make money on selling their clothes. ------------------ $50 / signup Get a $50 "welcome bonus" credit to your account just for signing up + $50 / signup

10-20-2001, 07:43 AM	#17
pimplink Confirmed User Join Date: Jun 2001 Location: Closer than you think Posts: 9,535	My 2 cents: Follow the cease and desist letter or this can happen to you: http://www.keytlaw.com/urls/typosquatter.htm as you can tell its very expensive. Also, you may want to drop all your other domains that use typos and mention brandnames. It can get very expensive everytime you get sued because the new anticybersquatting law forces YOU to pay the other side's lawyer [assuming that they win]

10-20-2001, 12:15 PM	#19
mongo Registered User Join Date: Oct 2001 Location: SoCal Posts: 4	kmanrox did you have their domain or a mistype? what im gathering is wwwgucci.com can be legal for me to own,it can be a DogShampoo company or anything not realated to gucci americas trademarks!Theres over 50 Gucci trademarks, gucci america only hold about 10 live trademarks! I might ne wrong here but still doing reasearch!