Blockbuster claims one of my domain name ... what can I do ? - Page 3 - GoFuckYourself.com

frank7799 · 08-19-2006, 04:00 PM

Quote:

Originally Posted by John Marco

Not legal advice but Fish & Richardson (a large intellectual property law firm) indicated to us that we couldn't trademark Webcams.com due to it being a generic name (although we could trademark logos, specific phrases, etc). I don't see why blockbuster would be any different since it was a generic word well before Blockbuster Video came along.

You can´t register a term which is generic, that´s right. So you can´t register the term "webcam" for a webcam business. But you can for example for a car.

Generally speaking a trademark consists of two important parts. The first is the term itself. The other is the Nice classification, which describes the variaty of products the term is protected for.

BLOCKBUSTER is registered first in 1985 in Europe and now consists of a large variety of terms related with BLOCKBUSTER or containing BLOCKBUSTER.

So the chances are good that they can turn down the domain bloxbuster. Anyway, fighting in this case will be pretty expensive and it´s only woth it if the guy makes a decent amount of money with this domain.

I can´t tell you at this time if the guy is safe or not, because there are many facts missing to judge the case. But at least I can tell you that it could become a problem for sure.

As i told before, he should contact a trademark lawyer in Belgium to be sure. And he should contact the lawyer BEFORE talking to the trademark owner´s law firm.

Taass · 08-19-2006, 04:17 PM

Write a good press release, attach their letter and send it to every news media you can think of !

With luck you will make the news and traffic will start pooring in like crazy, soon you will be billionair on bloxbuster due to this and much bigger than blockbuster.. Then you hire a great team of lawyers and sue them for having a name too close to yours *problem solved*

ParlourCash Karl · 08-19-2006, 04:31 PM

mmmm.. well if Blockbuster were so intent on the name why did they not buy it for the $11 or so fee and avoid this hassle, it has become too easy now days for a big company to say "Hey that is too close to my name I want it" let's be honest if everyone tried to claim every name close to their domain we would all be in litigation....

diggz · 08-19-2006, 06:55 PM

Trade it for an xbox like Mike Rowe
http://www.cnn.com/2004/TECH/interne...oft.settle.ap/

Seriously though here are a couple ideas...

1.) Let all your bookmarkers know you are moving your free porn to another domain, then in a week or two, signup with the affiliate program of blockbuster.com and push their program with your leftover traffic. This way you are not profiting off of their name recognition in any competitive manner.

2.) Sell your porn site and let the next owner deal with it.

3.) Sell the domain name on ebay.

No matter what you need to be looking at capitalizing monetarily off of your time invested in the domain. Don't hand it over, if worse comes to worse, offer it to them for like $50k or something... after all that is like maybe 1 minute of their daily sales revenue.

minusonebit · 08-19-2006, 07:33 PM

Quote:

Originally Posted by Chris

request 500$ and give it

DO NOT TAKE THIS ADVICE!!

If they dont take you up on it, they will use this at trial to alledge that you are in violation of The Anti Cybersquatting Act as you tried to sell it to them. I had a company pull this BS on me once, it cost me the domain and the case.

Best bet: Send a scan of the letter in to chillingeffects.org and do nothing. Wait for the summons to arrive. Or if you were me, you'd send them a very politely worded letter that says "you'll have to sue me".

Whatever you do, DO NOT GIVE THEM THE DOMAIN FOR ANY REASON.

Juicy D. Links · 08-19-2006, 07:36 PM

tell em to eat a cock then report back what happens

Webby · 08-19-2006, 07:41 PM

Quote:

Originally Posted by minusonebit

DO NOT TAKE THIS ADVICE!!

Whatever you do, DO NOT GIVE THEM THE DOMAIN FOR ANY REASON.

100% correct

No communication in *any* way. It's not a discussion.

The day ya get formal docs which may require signing as a receipt - chuck the lot on a lawyer and tell him to fuck with them.

Webby · 08-19-2006, 07:42 PM

Quote:

Originally Posted by Juicy D. Links

tell em to eat a cock then report back what happens

hehe .. Juicy style

Trixxxia · 08-19-2006, 07:52 PM

Ok how is it close to Blockbuster - if sounded, it's 'blocksbuster'?
It neither 'sounds' the same - is not a 'misspelling' - nor is it close enough to be a 'typo'... seriously - these lawyers should fight some other worthwhile causes.

DaddyHalbucks · 08-19-2006, 08:00 PM

Regardless of where you live, don't tread on famous, registered, and distinctive trademarks. It's bad for business.

Delete the domain from your account.

scottybuzz · 08-19-2006, 10:14 PM

lot of mixed feelings in this thread

08-19-2006, 04:17 PM	#102
Taass Confirmed User Join Date: Feb 2006 Posts: 697	Write a good press release, attach their letter and send it to every news media you can think of ! With luck you will make the news and traffic will start pooring in like crazy, soon you will be billionair on bloxbuster due to this and much bigger than blockbuster.. Then you hire a great team of lawyers and sue them for having a name too close to yours problem solved __________________ Reward Them - Top Converting CCbill Affiliate Program !

08-19-2006, 04:31 PM	#103
ParlourCash Karl Confirmed User Join Date: May 2006 Location: Hawaii Posts: 438	mmmm.. well if Blockbuster were so intent on the name why did they not buy it for the $11 or so fee and avoid this hassle, it has become too easy now days for a big company to say "Hey that is too close to my name I want it" let's be honest if everyone tried to claim every name close to their domain we would all be in litigation.... __________________ www.ParlourCash.com

08-19-2006, 08:00 PM	#110
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	Regardless of where you live, don't tread on famous, registered, and distinctive trademarks. It's bad for business. Delete the domain from your account. __________________ Boner Money

08-19-2006, 10:14 PM	#111
scottybuzz Too lazy to set a custom title Industry Role: Join Date: May 2006 Location: NY Posts: 14,800	lot of mixed feelings in this thread __________________ $$$$$ MAKE HUGE MONEY IN CAMS - CLICK HERE $$$$$

08-19-2006, 06:55 PM	#104
diggz Registered User Join Date: Apr 2005 Location: Sig Spot. Check. Posts: 302	Trade it for an xbox like Mike Rowe http://www.cnn.com/2004/TECH/interne...oft.settle.ap/ Seriously though here are a couple ideas... 1.) Let all your bookmarkers know you are moving your free porn to another domain, then in a week or two, signup with the affiliate program of blockbuster.com and push their program with your leftover traffic. This way you are not profiting off of their name recognition in any competitive manner. 2.) Sell your porn site and let the next owner deal with it. 3.) Sell the domain name on ebay. No matter what you need to be looking at capitalizing monetarily off of your time invested in the domain. Don't hand it over, if worse comes to worse, offer it to them for like $50k or something... after all that is like maybe 1 minute of their daily sales revenue.

08-19-2006, 07:36 PM	#106
Juicy D. Links So Fucking Banned Industry Role: Join Date: Apr 2001 Location: N.Y. -Long Island -- Posts: 122,992	tell em to eat a cock then report back what happens

08-19-2006, 07:52 PM	#109
Trixxxia Confirmed User Industry Role: Join Date: Aug 2004 Location: Montreal, Canada Posts: 5,600	Ok how is it close to Blockbuster - if sounded, it's 'blocksbuster'? It neither 'sounds' the same - is not a 'misspelling' - nor is it close enough to be a 'typo'... seriously - these lawyers should fight some other worthwhile causes.