Is this copyright infringement?

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  • tonyparra
    Confirmed User
    • Jul 2008
    • 4568

    #1

    Is this copyright infringement?

    If i name a category after a paysite. For example if a sponsor has a site called somethingporn.com and i want to promote somethingporn.com and name the category where their content goes as somethingporn.com, and then i somehow manage to outrank them for the term 'somethingporn.com', 'somethingporn', or 'something porn' could they say its infringement? Seems like the infringement is never an issue till you making money they want all to themselves.

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  • porno jew
    Too lazy to set a custom title
    • Nov 2006
    • 10166

    #2
    doubtful but i heard about that happening in mainstream.

    Comment

    • TheDoc
      Too lazy to set a custom title
      • Jul 2001
      • 13827

      #3
      In general I would think it's okay. Check the terms though, normally if they have an issue with this type of stuff they will have something about it within the terms. Then if so, I would avoid it with that sponsor or get permission first.
      ~TheDoc - ICQ7765825
      It's all disambiguation

      Comment

      • Jakez
        Confirmed User
        • Jan 2004
        • 5656

        #4
        It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click".
        [email protected] - jakezdumb - 573689400

        Killuminati

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        • tonyparra
          Confirmed User
          • Jul 2008
          • 4568

          #5
          Originally posted by Jakez
          It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click".
          needed.

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          • Bored
            Confirmed User
            • Feb 2002
            • 1011

            #6
            the internet is copyright infringement
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            • CYF
              Coupon Guru
              • Mar 2009
              • 10973

              #7
              that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product.
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              • Coup
                🚨 PBBC International 🚨
                • Apr 2010
                • 9931

                #8
                Just say users uploaded the domain. you'll be fine

                Comment

                • Jarmusch
                   
                  • May 2003
                  • 12479

                  #9
                  The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent.

                  But I think you should just use 'somethingporn' or 'something porn'.

                  Comment

                  • tonyparra
                    Confirmed User
                    • Jul 2008
                    • 4568

                    #10
                    Originally posted by Jarmusch
                    The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent.

                    But I think you should just use 'somethingporn' or 'something porn'.
                    you would be surprised...

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                    • JohnRingo
                      So Fucking Banned
                      • Oct 2010
                      • 673

                      #11
                      i would just redirect the link to a torrent site where you can download all their shit for free

                      Comment

                      • Jarmusch
                         
                        • May 2003
                        • 12479

                        #12
                        Originally posted by tonyparra
                        you would be surprised...
                        Can you post an example of an affiliate outranking the sponsor for the term 'somethingporn.com' ?

                        Comment

                        • cooldude7
                          Confirmed User
                          • Nov 2009
                          • 4306

                          #13
                          Originally posted by tonyparra
                          you would be surprised...
                          i know., i had the same question regarding the "big sausage pizza" i wanted to buy domain, setup site and send traffic to them, si i contacted them and they told me they dont accept webmasters from india., period.,

                          i could have easily outranked them for that term, but when this happens, some sponosrs pull the plug....so be careful.,

                          not to build your empire on a trees branch.

                          sorry for my excellent english ;P

                          Comment

                          • JohnRingo
                            So Fucking Banned
                            • Oct 2010
                            • 673

                            #14
                            i just bought somethingporn.net...

                            Comment

                            • tonyparra
                              Confirmed User
                              • Jul 2008
                              • 4568

                              #15
                              Originally posted by JohnRingo
                              i would just redirect the link to a torrent site where you can download all their shit for free
                              Originally posted by JohnRingo
                              i just bought somethingporn.net...


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                              • Barry-xlovecam
                                It's 42
                                • Jun 2010
                                • 18083

                                #16
                                USPTO http://tess2.uspto.gov/bin/gate.exe?...004:e5v661.1.1 RE: Trademark filings (USA Only -- the Berne Conventions would apply)

                                But really; your affiliate agreement would be the controlling instrument providing that the provisions are legal

                                (Not legal advice -- offered as information only)

                                Comment

                                • raymor
                                  Confirmed User
                                  • Oct 2002
                                  • 3745

                                  #17
                                  Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all.
                                  For historical display only. This information is not current:
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                                  • raymor
                                    Confirmed User
                                    • Oct 2002
                                    • 3745

                                    #18
                                    Originally posted by tonyparra
                                    Seems like the infringement is never an issue till you making money they want all to themselves.
                                    Yes, that's why it's called TRADEmark infringement, it's defined as using their mark in TRADE (business) in a way that infringes on their rights to their brand.
                                    For historical display only. This information is not current:
                                    support@bettercgi.com ICQ 7208627
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                                    • beks001
                                      Confirmed User
                                      • Oct 2006
                                      • 1837

                                      #19
                                      It's a sponsor by sponsor case. Many sponsors are not allowing this any more but they did for a long time. Some are still being cool and allowing you to promote like this. Others just couldn't find a better way than to get pissed and take it away from you. Lol
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                                      • tonyparra
                                        Confirmed User
                                        • Jul 2008
                                        • 4568

                                        #20
                                        Originally posted by raymor
                                        Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all.
                                        I fear if i ask i will getdenied because they wont understand what m trying to do...

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                                        • tonyparra
                                          Confirmed User
                                          • Jul 2008
                                          • 4568

                                          #21
                                          Originally posted by CYF
                                          that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product.
                                          Generally, but in porn who knows....

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                                          • porno jew
                                            Too lazy to set a custom title
                                            • Nov 2006
                                            • 10166

                                            #22
                                            Originally posted by tonyparra
                                            I fear if i ask i will getdenied because they wont understand what m trying to do...
                                            who cares man just do it.

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