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Old 08-18-2006, 02:04 PM   #1
asl
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Blockbuster claims one of my domain name ... what can I do ?

I received a letter from Blockbuster attorneys saying that my domain: bloxbuster.com was too close of their domain name and that I had to transfer it to their client !

What do you think about this ? what should I do knowing that I'm based outside USA
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Old 08-18-2006, 02:07 PM   #2
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dont do a damn thing.
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Old 08-18-2006, 02:08 PM   #3
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You mean they didn't like the porn you have up there now?
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Old 08-18-2006, 02:08 PM   #4
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Way too frivolous.
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Old 08-18-2006, 02:09 PM   #5
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you non-americans always crack me up

we're not the fucking world police

flick us off & carry on!
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Old 08-18-2006, 02:10 PM   #6
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they will udrp the domain and take it probably. i would if i were them and i have on xxxpays.com sexpays.com phonesexpays.com maxpays.com and will side with the tm holder on this one. icann and domains do not afford protection to those residing in foreign locations in regard to tm infringement btw.
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Old 08-18-2006, 02:11 PM   #7
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tell'em to eat your ass with a spoon
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Old 08-18-2006, 02:29 PM   #8
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pretty gay on their part
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Old 08-18-2006, 02:31 PM   #9
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pretty gay on their part
Yeah indeed. But what should I do ? waiting for them to sue me ?
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Old 08-18-2006, 02:36 PM   #10
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Was it an official letter? What did they threaten? They said you "had to transfer it to their client".. or WHAT?? They'd get mad?
Not enough info I dont think.
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Old 08-18-2006, 02:44 PM   #11
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hold on to it!
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Old 08-18-2006, 03:29 PM   #12
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rent a DVD
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Old 08-18-2006, 03:31 PM   #13
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Old 08-18-2006, 03:38 PM   #14
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Blockbuster ain't even present in my country so I can't rent a DVD ;)
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Old 08-18-2006, 03:46 PM   #15
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tell them to fuck off... bloxbuster.com is not blockbuster.com... i doubt they have the trademark for bloxbuster.com.. if they do you are fucked... tell them to fuck off and fight it...
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Old 08-18-2006, 04:20 PM   #16
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The pdf they sent me is here : http://www.bloxbuster.com/bloxbuster.com.pdf

They say it is a misspelling of blockbuster and I doubt they can win a case with that as there are two different letters.

Let me know what you think I should do. Thanks
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Old 08-18-2006, 04:21 PM   #17
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Quote:
Originally Posted by asl
The pdf they sent me is here : http://www.bloxbuster.com/bloxbuster.com.pdf

They say it is a misspelling of blockbuster and I doubt they can win a case with that as there are two different letters.

Let me know what you think I should do. Thanks
so it must be a coincidence that the name looks and sounds like theres. tough argument to prove..
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Old 08-18-2006, 04:26 PM   #18
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You've got to be joking right? Bloxbuster and Blockbuster sound the exact same... You have no case. You hand it over or they'll take it.
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Old 08-18-2006, 04:29 PM   #19
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Old 08-18-2006, 04:32 PM   #20
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Well in french it doesn't sound the same at all :/
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Old 08-18-2006, 05:06 PM   #21
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Its just a scare tactic. I would tell them to fuck off and not waste my time. Or if they want to sue you, enjoy it, they will lose anyway.
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Old 08-18-2006, 05:09 PM   #22
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so it must be a coincidence that the name looks and sounds like theres. tough argument to prove..
Do they have a trademark for bloxbuster?
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Old 08-18-2006, 05:16 PM   #23
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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.
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Old 08-18-2006, 05:21 PM   #24
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Answer the obvious, when you were registering this name were you thinking of Blockbuster?
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Old 08-18-2006, 05:21 PM   #25
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start a company called BloxBuster and trademark it
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Old 08-18-2006, 05:26 PM   #26
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Reply, Thank you for your interrest in my domain name. This domain generate 120$ per month. If you want to purchase the domain i will let it go for a year of revenue.

Your name.

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Old 08-18-2006, 05:37 PM   #27
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it probably does help you that blox is a word:
Quote:
blox

A visual language.

Source: The Free On-line Dictionary of Computing, ? 1993-2005 Denis Howe
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Old 08-18-2006, 05:48 PM   #28
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Quote:
Originally Posted by asl
The pdf they sent me is here : http://www.bloxbuster.com/bloxbuster.com.pdf

They say it is a misspelling of blockbuster and I doubt they can win a case with that as there are two different letters.

Let me know what you think I should do. Thanks
I would think they'd need a better case than it being a misspelling..
Don't know how anyone would type x instead of ck when typing blockbuster..

It's a different spelling not a misspelling.. and you don't rent movies..

But.. I'm sure you're really affecting their business with your site..
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Old 08-18-2006, 05:51 PM   #29
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Block Buster was a common phrase before the video chain was even created. I don't think they have a case.
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Old 08-18-2006, 05:53 PM   #30
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Quote:
Originally Posted by asl
I received a letter from Blockbuster attorneys saying that my domain: bloxbuster.com was too close of their domain name and that I had to transfer it to their client !

What do you think about this ? what should I do knowing that I'm based outside USA
"bloxbuster" is not even close to "blockbuster", dont hand it over.
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Old 08-18-2006, 05:54 PM   #31
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tell them to fuckoff

try to get some publicity from this!
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Old 08-18-2006, 05:54 PM   #32
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It's not going to be worth their time to pursue it, I'd make them a offer to buy it for the amount of time you have invested in the site if you are really worried about it.
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Old 08-18-2006, 06:00 PM   #33
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I would tell them to go suck a cock. I was managing few domains for my boss (Rick Latona) when we recieved a email from a certain company(which will remain nameless) They tried to threaten us with their legal representation. Rick told them to kiss his ass he's got lawyers as well. That was over a year ago. They have never called, emailed, or mailed the office.

P.S. in short tell them to FUCK OFF They are trying to scare you.
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Old 08-18-2006, 07:23 PM   #34
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write them a very polite letter

Something like

Dear Lawyers name

While doing a prelimanary search on the trademarks you presented the scope of your trademark was defined as

"PROVIDING INFORMATION SERVICES TO MULTIPLE USERS VIA THE WORLD WIDE WEB OR THE INTERNET OR OTHER ON-LINE DATABASES, IN THE FIELD OF MOVIES, FILMS, MOTION PICTURES, DIGITAL VERSATILE DISCS OR DVDS, VIDEO DISCS, PRE-RECORDED VIDEO CASSETTES, AUDIO RECORDINGS, ELECTRONIC AND COMPUTERIZED GAMES; RENTAL AND COMPUTERIZED ON-LINE RENTAL SERVICES OF MOVIES, FILMS, MOTION PICTURE, DIGITAL VERSATILE DISCS OR DVDS, VIDEO DISCS, PRE-RECORDED VIDEO CASSETTES, ELECTRONIC AND COMPUTERIZED VIDEO GAMES, INTERACTIVE SOFTWARE AND ASSOCIATED HARDWARE FEATURING HOME ENTERTAINMENT AND CONSUMER ELECTRONICS"

do some research on the word blox ( i think it the slang word for the g spot)

make sure your site does not promote anything within the scope of that trademark.
and then ask them for a clarification on why they believe anyone would honestly come to the conclusion that blockbuster has anything to do with bloxbuster.com given the fact that the operation of the site is completely beyond the scope of the trademark.

Whatever you don't offer to sell the domain.
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Old 08-18-2006, 07:42 PM   #35
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I wouldnt let it go but if your truly worried sell it to em for a few grand.
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Old 08-18-2006, 07:52 PM   #36
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tell'em to eat your ass with a spoon
What he said!

This isn't quite as gay as the goldmansex.com story.
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Old 08-18-2006, 08:19 PM   #37
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you non-americans always crack me up

we're not the fucking world police

flick us off & carry on!
write back saying that... lawyers are the biggest retards to exist. i've been threaten by a lawyer to give up a domain or they'll sue for 1million... i pretty much said whatever. really if you're not ever an american tell them you don't know what a blockbuster is
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Old 08-18-2006, 08:31 PM   #38
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I wouldnt let it go but if your truly worried sell it to em for a few grand.

Whatever you do, don't initiate the sale...Let them ask you to sell it to them.
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Old 08-18-2006, 08:31 PM   #39
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you non-americans always crack me up

we're not the fucking world police

flick us off & carry on!

Did you tell Bush that?
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Old 08-18-2006, 08:31 PM   #40
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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.
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Old 08-18-2006, 08:37 PM   #41
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Old 08-18-2006, 08:40 PM   #42
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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 ....
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Old 08-18-2006, 08:43 PM   #43
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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
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Old 08-18-2006, 08:45 PM   #44
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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.
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Old 08-18-2006, 08:48 PM   #45
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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
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Old 08-18-2006, 08:49 PM   #46
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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.
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Old 08-18-2006, 08:52 PM   #47
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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
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Old 08-18-2006, 08:53 PM   #48
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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.
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Old 08-18-2006, 09:18 PM   #49
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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.

DH
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Old 08-18-2006, 09:22 PM   #50
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you are fucked man, try to sell it to them, that's really the best you can do...
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