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-   -   Blockbuster claims one of my domain name ... what can I do ? (https://gfy.com/showthread.php?t=645936)

scottybuzz 08-18-2006 08:37 PM

sell sell sell BIG MONEYS

directfiesta 08-18-2006 08:40 PM

Don't write back, don't contact them ... Don't give them any amunitions against you

They sent you a scare letter ... file it.

Now, if they really want the domain, they will have to show their cards, produce a real case ... They are still at bat ....

spacedog 08-18-2006 08:43 PM

fucking so call shmuck isn't even licensed to practice law in the united states.. this motherfucker is only licensed to practice law in canada & moscow :1orglaugh

Juilan 08-18-2006 08:45 PM

The moment you make an offer to sell you are soliticing. And the likeliness of confusion is miniscule. All in all a frivolous case for them.

Juilan 08-18-2006 08:48 PM

Quote:

Originally Posted by WiredGuy
Let's face it, the domain was registered in bad faith and shouldn't be hard to prove.

How was it registered in bad faith?
0 searches for the term Bloxbuster in both wordtracker and overture
http://www.digitalpoint.com/tools/su...ter&country=us

Gaybucks 08-18-2006 08:49 PM

I think they have a very weak case. "delta.com" could be an airline, a company that makes power tools, a fraternity, or a lot of other things. Any of those have a perfect legal right to the name.

Ditto "bloxbuster." I think the "confusingly similar" argument is very weak. "blackbuster.com", "blocksbuster.com", "bockbuster.com" are all registered to domain squatters, and I'd argue that those are considerably more "confusingly similar"... and Blockbuster has obviously already lost on those.

IF you were running a video rental site, or using the domain to point to Blockbuster's competition and get a referral fee from doing so, then they would have an argument, because the domain would have been registered in "bad faith."

But in this case, no reasonable person could infer that Bloxbuster, a TGP site with porn pics, could reasonably be confused with Blockbuster, a video rental company.

I'd invest a few bucks in a lawyer letter that politely tells them they have no case, and to please piss off. If you have to, UDRP arbitrations aren't that expensive, and I think you have a strong chance of winning it.

spacedog 08-18-2006 08:52 PM

actually, tell them to pund fucking sand & go fuck themselves.,,

FACT.. BLOX is a damn video game,,

tell them the domain was originally a website about the game, but since the game is widely available for free now, that the domain was changed to adult.

Or something,, There's definitely a way out of this,, you just need to do your homework, starting with the word blox

http://www.google.com/search?hl=en&q=blox

travis 08-18-2006 08:53 PM

Unless they can prove that you're using the domain in order to capitalize on their branding efforts, there's nothing they can do. Your site doesn't say "The Blockbuster of Porn" or some nonsense like that. Don't worry about it.

GTS Mark 08-18-2006 09:18 PM

Quote:

Originally Posted by WiredGuy
These large corporations have a large budget that they pay to enforce their trademarks. Almost always, its not worth the expense of defending yourself and you may think they're wasting their time, but they're just doing as their told from their client, and that's defending infringers. Let's face it, the domain was registered in bad faith and shouldn't be hard to prove. Save yourself the trouble and give it to them. It'll be less stressful than defending the name which probably makes just about the renewal fees its worth if that.

Just weigh the revenues it brings in versus the cost of defending it and you should realize what the right thing to do is.
WG

Yep my sentiments exactly. :thumbsup

DH

woj 08-18-2006 09:22 PM

you are fucked man, try to sell it to them, that's really the best you can do...

woj 08-18-2006 09:23 PM

50 trademarked domains...

Aquaman 08-18-2006 10:15 PM

Hurry up and register makdonalds.com too :winkwink:

That will teach them,

LiveDose 08-18-2006 11:09 PM

Quote:

Originally Posted by directfiesta
Don't write back, don't contact them ... Don't give them any amunitions against you

They sent you a scare letter ... file it.

Now, if they really want the domain, they will have to show their cards, produce a real case ... They are still at bat ....


Listen to this man. We ignore every C & D initially regarding domains. Trademark owners often think they have 15 inch dicks to swing around. Many many times their claims are fruitless.

Now if you get a certified or Fed Ex letter then obviously you have to evaluate the situation more. Depending on your knowledge of domains you might be smart to talk with a lawyer but even at this point there are still options which don't necessarily involve just handing over the name.

It all depends on how much energy & money you want to put into this. Bloxbuster.com is interesting. I am on the fence on this one but I am leaning more towards their claims being bullshit. But who knows. There is only one final opinion that matters should the name be contested. And the cases that get reviewed can really go either way... Good luck.:thumbsup

WiredGuy 08-18-2006 11:30 PM

Quote:

Originally Posted by Juilan
How was it registered in bad faith?
0 searches for the term Bloxbuster in both wordtracker and overture
http://www.digitalpoint.com/tools/su...ter&country=us


Phonetic misspellings are covered under trademark law if the TM holder can show dissolution of their brand/name. Obviously the use of adult is something that BlockBuster does not want to be associated with and can easily demonstrate bad faith.
WG

LiveDose 08-18-2006 11:34 PM

To me 'blockbuster' & 'blocksbuster' sound completely different.

baddog 08-18-2006 11:55 PM

I just looked at your site and their site and there is no way they have a case. Tell them so.

baddog 08-18-2006 11:58 PM

Quote:

Originally Posted by WiredGuy
Phonetic misspellings are covered under trademark law if the TM holder can show dissolution of their brand/name. Obviously the use of adult is something that BlockBuster does not want to be associated with and can easily demonstrate bad faith.
WG


I can see why BlockBuster might be upset, but he isn't doing anything that anyone might confuse one as being the other. They have their work cut out for them proving bad faith.

If he was using their colors, or fonts, or design, then I would agree. Isn't the case here.

baddog 08-19-2006 12:05 AM

Quote:

Originally Posted by Pornwolf
Block Buster was a common phrase before the video chain was even created. I don't think they have a case.


Good point

BIGTYMER 08-19-2006 12:56 AM

Who owns Block Buster? Viacom. What are some compaines Viacom owns? BET, Comedy Central, CMT, MTV, Nickelodeon, Spike, Vh1, Paramount, Dream Works and up until 2005 CBS.

You're going to lose it.

andrej_NDC 08-19-2006 05:17 AM

Quote:

Originally Posted by BigTymer
Who owns Block Buster? Viacom. What are some compaines Viacom owns? BET, Comedy Central, CMT, MTV, Nickelodeon, Spike, Vh1, Paramount, Dream Works and up until 2005 CBS.

You're going to lose it.

It doesn't depend if they have 1000 billions or $1 on their account. They have no case to win. I guess courts in the US don't decide upon bank accounts, but upon laws.

Hooligan 08-19-2006 05:18 AM

Quote:

Originally Posted by asl
Iwhat should I do knowing that I'm based outside USA :helpme

tell 'em to go fuck themselves.

Dirty Dane 08-19-2006 05:22 AM

if it was 'blocks' I would think they would have a case, but not 'blox' :)

SteveLightspeed 08-19-2006 05:43 AM

Would you have registered that name at all if not for BlockBuster.com? Honestly? If you did, then stop being a dick and turn it over, be happy if they don't decide to fuck with you anyway.

ssp 08-19-2006 05:50 AM

Quote:

Originally Posted by andrej_NDC
It doesn't depend if they have 1000 billions or $1 on their account. They have no case to win. I guess courts in the US don't decide upon bank accounts, but upon laws.

Haha where do you live? :1orglaugh

seeandsee 08-19-2006 05:56 AM

Ask for $$$ and be happy!

bogo 08-19-2006 06:03 AM

yeah sell it to them for 5 zillion dollas

andrej_NDC 08-19-2006 06:18 AM

Quote:

Originally Posted by SteveLightspeed
Would you have registered that name at all if not for BlockBuster.com? Honestly? If you did, then stop being a dick and turn it over, be happy if they don't decide to fuck with you anyway.

Quote:

Originally Posted by Pornwolf
Block Buster was a common phrase before the video chain was even created.

.........

Pleasurepays 08-19-2006 06:22 AM

as any attorney will tell you, you have chosen the correct first course of action... you ran to a porn forum called 'go fuckyourself' which is full of degenerates and retards and asked for advice on what to do about a major corporation and its own well seasoned in house counsel team that is threatening you.

you should browse the other forums. i am sure the blockbuster attorneys are on netpond or porn city or someplace also trying to figure out what course of action to take for your domain and are surely also seeking advice from a bunch of low income, unemployable twits. this way, you gain another edge.

:1orglaugh :1orglaugh :1orglaugh

s2kcord 08-19-2006 06:46 AM

Just send it to them who cares not worth the trouble! Now if it was block.com or buster.com I would tell them to eat a dick.

StuartD 08-19-2006 06:48 AM

I have www.oilofalay.com

I figure it won't be long until I get one of those letters.

u-Bob 08-19-2006 06:56 AM

ignore it.

poisson 08-19-2006 07:01 AM

In 2001 i received a letter from Dreamworks about me owning dreamworks??????.com and using it for a porn page. I ended up selling it for 2k.

andrej_NDC 08-19-2006 07:04 AM

Quote:

Originally Posted by s2kcord
Just send it to them who cares not worth the trouble! Now if it was block.com or buster.com I would tell them to eat a dick.

What trouble? He doesn't have to do anything. If they take the domain from him, its the same as when he gives it to them.

Juilan 08-19-2006 07:32 AM

Quote:

Originally Posted by WiredGuy
Phonetic misspellings are covered under trademark law
WG

Yes quite aware of that, but then they have to demonstrate Bloxbuster is even an uncommon mispelling.
Which according to overture and wordtracker, it does not even warrant 1 single search a day wordwide.

http://www.digitalpoint.com/tools/su...ter&country=us

Trademark and Intellectual property lawyers work on billable hours to the client often at $250 per hour. What you have here is an overzealous attorney making a spurious and frivolous case to pad his billable hours.

Paul 08-19-2006 07:40 AM

Quote:

Originally Posted by Pipecrew
icann is american, like xpays says, if they want it, they will get it. This is just an attempt to avoid wasting time with icann to see if you will just give it up.

Tell them you have invested alot of time and would like 2000 for it, they would spend alot more on lawyers drafting shit to send to icann.

:thumbsup

If your not making much money from the site I'd do what Pipecrew just suggested

dodger21 08-19-2006 07:52 AM

It's amazing how little the idiots on GFY know. There's nothing you can do. It's an obvious misspelling of the name. Who gives a motherfuck if blox is a word. They're going to get the name one way or another. You've already lost, so just ask for a few hundred and call it a day.

Deputy Chief Command 08-19-2006 08:11 AM

Quote:

Originally Posted by asl
Blockbuster ain't even present in my country so I can't rent a DVD ;)


the Belgium I come from has blockbuster ...

HpicAnn 08-19-2006 08:39 AM

Why you should transfer it to their client?????
Try to sell it very expensive to them...

BlackCrayon 08-19-2006 09:02 AM

Quote:

Originally Posted by dodger21
It's amazing how little the idiots on GFY know. There's nothing you can do. It's an obvious misspelling of the name. Who gives a motherfuck if blox is a word. They're going to get the name one way or another. You've already lost, so just ask for a few hundred and call it a day.

so how come other mis-spellings of blockbuster aren't owned by them? seems so many of you would just let big business walk all over you. even if he did end up losing it i'd sooner waste their time and money than let them think they can get any domain that resembles their name for nothing.

asl 08-19-2006 09:24 AM

Quote:

Originally Posted by Deputy Chief Command
the Belgium I come from has blockbuster ...

Really ? I was in brussels and never saw one. Now that I'm in Wallonia, it is the same. No blockbuster shop.
They should sue blockbuster.be if they got shops in Belgium ;)


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