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-   -   Need advice from the "Lawyers" of GFY - Domain Purchase/Use (https://gfy.com/showthread.php?t=915015)

dirtysouth 07-09-2009 10:38 AM
Need advice from the "Lawyers" of GFY - Domain Purchase/Use
 
So Monday I was fucked around by a local Laundry/Cleaners business for the second time this year. Shit customer service, fucked me over for $$$ and I filed a SECOND complaint with the owner's assistant. The company has made no response to resolve my complaint.

Long story short, I bought their domain and put up a WP blog where I have posted both my shitty experiences. It's unreal they hadn't bought the domain as they are a fairly large chain with 7 locations and the name is a very easy to remember 2 word name.

After a couple days of grayhat seo I am #1, 2 and 3 in big G for the business name and climbing for local results for "cleaners" etc.

Can they sue me? Will they win? The blog posts are 100% accurate and documented.

baddog 07-09-2009 10:40 AM
I don't think you have anything to worry about.

dirtysouth 07-09-2009 10:49 AM
Quote:
Originally Posted by baddog (Post 16046807)
I don't think you have anything to worry about.
Because?

baddog 07-09-2009 10:52 AM
Quote:
Originally Posted by dirtysouth (Post 16046847)
Because?
Because they never tried to get the domain, so not exactly squatting.

You are not promoting another dry cleaners, trying to trick surfers into thinking you are the one they sought.

CYF 07-09-2009 11:04 AM
I am not a lawyer.

You are allowed to put up "sucks" sites, like paypalsucks.com.

You are allowed to use their trademark for reviews, parody, etc.

In this day and age you can sue for anything, but I don't think they would win.

That's my understanding of it.

For a WIPO dispute I don't think they would meet all the requirements to successfully take the domain from you either.

SBJ 07-09-2009 11:05 AM
check out this.. i'm no laywer so i won't give you advice but this link and other links from this page might help you

http://en.wikipedia.org/wiki/Gripe_site
Quote:
A gripe site is a type of website devoted to the critique and or mockery of a person, place, politician, corporation or institution. They are also known as "complaint" or "sucks" sites. The Internet provides a low cost public platform for anyone, even of modest means, to reach a global audience via a "gripe" website. It is the high-tech equivalent of having a soap box at ?Speakers' Corner? in Hyde Park, London ? that long-established bastion of free speech. The web gives ordinary individuals the opportunity to publicly criticise the rich and powerful, including multinational corporations. Many of these websites contain interesting and entertaining content because the publishers are passionate (and possibly obsessed) about the featured subject. Time and money is invested in the hope of gaining satisfaction by airing a perceived grievance and embarrassing the party which is the target of the "gripe".

The following definition of a "gripe site" is from comments authored by a notable American lawyer, Paul Levy, and published online by Public Citizen, a Washington D.C. based organization founded in 1971 by Ralph Nader: "A 'gripe site' is a web site established to criticize an institution such as a corporation, union, government body, or political figure. Not surprisingly, powerful institutions often do not take kindly to being criticized, and they have invented a variety of ways to try to suppress the speech of their adversaries." Levy is also a lawyer within the associated Public Citizen Litigation Group, another non-profit making organisation. He is the founder of the groups ?Public Internet Free Speech Project?, cited below under the heading of "Defenders of Free Speech Gripe Sites".

In an attempt to shut down a gripe site, companies have sued the gripe site owner alleging defamation, trademark infringement, trademark dilution, libel and copyright infringement. Public Citizen, the American Civil Liberties Union and the Electronic Frontier Foundation have defended gripe site owners in court on the grounds that free speech gripe sites are protected under the First Amendment to the United States Constitution.

dirtysouth 07-09-2009 11:14 AM
Thanks guys. Good reads.

I've heard from other sources that if they offer $$$ for the domain I should not accept it because that would show cause that I was in it for money.

Experiences?

chadknowslaw 07-09-2009 11:15 AM
If you are not making money from the site and are using it only to bitch, then you most likely can keep the domain and so long as what you write is true you can beat a defamation lawsuit.

CYF 07-09-2009 11:18 AM
Quote:
Originally Posted by dirtysouth (Post 16046941)
Thanks guys. Good reads.

I've heard from other sources that if they offer $$$ for the domain I should not accept it because that would show cause that I was in it for money.

Experiences?
If you offer the domain for sale, that is evidence of cybersquatting on their trademark.

Don't put up ads on the site, making money off a "sucks" site can get you in trouble.

dirtysouth 07-09-2009 11:22 AM
Quote:
Originally Posted by chadknowslaw (Post 16046944)
If you are not making money from the site and are using it only to bitch, then you most likely can keep the domain and so long as what you write is true you can beat a defamation lawsuit.
*Quickly removes adsense code*

Thanks Chad! :winkwink:

BestXXXPorn 07-09-2009 11:24 AM
They have to have the name Trademarked first off so unless they do you're fine no matter what you do...

mikeyddddd 07-09-2009 11:30 AM

CYF 07-09-2009 11:33 AM
Quote:
Originally Posted by BestXXXPorn (Post 16046982)
They have to have the name Trademarked first off so unless they do you're fine no matter what you do...
You are not required to have a trademark registered in order to sue. If they're using it in trade, it's a trademark. I'm not sure if you can collect damages without it being registered or not. (With a copyright it doesn't have to be registered either, and you can sue to make someone stop distributing it but you can only get damages if the copyright is registered. Trademarks might be similar, I'm not sure)

pornlaw 07-09-2009 02:34 PM
They have a common law trademark, which can be protected in a defined geographical location/area -- where you are. I am defending a common law trademark case in LA for a Heating A/C company.

Chad is right on -- I would only add that you should clearly state that your site is not endorsed, owned by, operated by or in anyway has anything to do with the company. I would also add a disclaimer as to using their name in regards to the trademark.

d-null 07-09-2009 02:45 PM
I would have registered the domain in a false name and hidden behind a few boxxies just in case, too...

http://i27.tinypic.com/wlc1hg.jpg



then again, hopefully what they did to you justifies how much you are doing to them, not knowing the whole story to really judge, but at first glance it seems like overkill... not really a big fan of hurting people badly when it is not really justified :2 cents:

epitome 07-09-2009 03:07 PM
As long as you are being truthful in your description of your experiences with them then I have no idea what they could go after you for.

I cannot see how they'd have a trademark infringement case unless you were attempting to profit from their name. Having said that, I would run AdSense or anything like that on the site (especially if it points surfers to the company's competitors)...you don't want them to be able to use that against you.

(edit: um, yeah, that was already said...I should have read the entire thread first)

justinsain 07-09-2009 03:08 PM
Never thought I'd see the day when someone would take their Cleaners to the Cleaners


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