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-   -   NAUGHTY AMERICA going after affiliates!! (https://gfy.com/showthread.php?t=960005)

Robocrop 03-24-2010 08:06 AM

NAUGHTY AMERICA going after affiliates!!
 
NAUGHTY AMERICA OFFERS AMNESTY TO CYBERSQUATTERS

Naughty America announced today a unique and one time amnesty program
for cybersquatters and typosquatters. Naughty America?s amnesty offer
is simple. Legal action will not be taken against cybersquatters and
typosquatters who transfer their infringing domain names to Naughty
America on or before April 2, 2010.

Naughty America owns the registered trademarks for ?Naughty America?
and numerous domain names incorporating the mark. Naughty America?s
long-standing ownership of the mark has not prevented infringers from
illegally profiting from Naughty America?s strong brand recognition
and goodwill by registering domain names that incorporate ?Naughty
America? or variations of the mark.

To participate in the amnesty program, anyone who has registered a
domain name that incorporates the trademark ?Naughty America? or
variations and misspellings of the mark needs to do the following:

1. Immediately stop any and all use of domain names that include the
trademark ?Naughty America? or variations and misspellings of ?Naughty
America;?

2. Transfer to Naughty America any and all rights in and to the
infringing domain names; and

3. Provide Naughty America with satisfactory proof that the domain
name has been transferred to LTI no later than April 2, 2010.


Good job Naughty! :1orglaugh

seeandsee 03-24-2010 08:10 AM

curt order please :)

Nikki_Licks 03-24-2010 08:11 AM

Looks like they are putting the hammer down.

robwod 03-24-2010 08:11 AM

I thought the most interesting part of that email was the list of trademarks they say they own. NA for example (I guess not applicable can ever be used).

I've bolded some of the more interesting ones claimed as trademarks.

Quote:

Other registered trademarks owned by Naughty America for which the amnesty program is available are: American Daydreams, Asian 1 on 1, Ass Masterpiece, Diary of a MILF, Diary of a Nanny, Find Your Fanny, Housewife 1 on 1, Latin Adultery, My First Sex Teacher, My Friend’s Hot Mom, My Naughty Latin Maid, My Sister’s Hot Friend, NA, NA Naughty America Est. 1776, Naughty Bookworms, Naughty Cribs, Naughty Flipside, Naughty Office, Neighbor Affair, Nobody Does It Better, Seduced By a Cougar, SoCal Coeds, Suite 703, The Difference Is Here, The Naughty American, and What’s New.
If these three in particular are actual trademarks, then I suspect they'd be easily challenged.

hawkadu 03-24-2010 08:12 AM

Not good I believe. Its like kicking affiliates ass.....

Nikki_Licks 03-24-2010 08:14 AM

Quote:

Originally Posted by robwod (Post 16973644)
I thought the most interesting part of that email was the list of trademarks they say they own. NA for example (I guess not applicable can ever be used).

I've bolded some of the more interesting ones claimed as trademarks.


If these three in particular are actual trademarks, then I suspect they'd be easily challenged.


That's just crazy. What next? I can't use the word naughty in an ad I run for models......:1orglaugh:1orglaugh

Caligari 03-24-2010 08:16 AM

So Naughty America wants to sue my friends hot mom for her american daydreams found in the diary of a milf. All I gotta say is "What's new?" Anyone have Ste 703 for the Phoenix conference?

Roald 03-24-2010 08:55 AM

nothing wrong with protecting your brand :2 cents:

Shap 03-24-2010 08:57 AM

Quote:

Originally Posted by Roald (Post 16973774)
nothing wrong with protecting your brand :2 cents:

Quoted for the truth :thumbsup

Martin 03-24-2010 08:59 AM

NA is top notch in my books.

kristin 03-24-2010 09:00 AM

Quote:

Originally Posted by Roald (Post 16973774)
nothing wrong with protecting your brand :2 cents:

Sorry but when someone says "NA" I don't think of Naughty America.

Roald 03-24-2010 09:02 AM

Quote:

Originally Posted by kristin (Post 16973790)
Sorry but when someone says "NA" I don't think of Naughty America.

I agree on that one.

BTW I do think of Naughty America but that may be my perverted mind.

beemk 03-24-2010 09:04 AM

is this the same for affiliates that are using the site to promote just them? if thats the case i see this being nothing more than biting the hand that feeds you. they allowed it back when the affiliate registered the domain and spent their time and money to develop it, and they accepted traffic from the domain for who knows how long.

cyco_cc 03-24-2010 09:08 AM

Quote:

Originally Posted by beemk (Post 16973804)
is this the same for affiliates that are using the site to promote just them? if thats the case i see this being nothing more than biting the hand that feeds you. they allowed it back when the affiliate registered the domain and spent their time and money to develop it, and they accepted traffic from the domain for who knows how long.

Most definitely. Reading between the lines, it seems like they're saying "Well, all mistypes is traffic we should be getting anyway because the user was trying to directly access our sites so you need to transfer those domains over pronto."

Jdoughs 03-24-2010 09:14 AM

Next they will be dmca'ing sites and removing them from google for using the words Naughty, and later on the page America, or like stated 'NA' LOL.

Take your shit down now and save yourself and them the headaches. Or let some cheeky lawyer decide if your site is worth taking.

Looks like they'd prefer to do this marketing/branding thing on their own from here on in.

Kenny B! 03-24-2010 09:16 AM

They are just trying to save money. It costs $1500 plus attorney fee's to register a domain name dispute with the National Arbitration Forum. The cost to the respondent is nothing unless they hire a lawyer, which shouldn't be needed if they know how to put a coherent few paragraphs together and aren't using the domains in bad faith.

Terms Naughty and America are generic terms, so this is a domain grab by NA nothing more. With that said I believe when you have a trademark you have to defend it if someone might be infringing or you risk losing the trademark. I don't know if that is 100% true but it was told to my when I was sued, and I won:-)

Agent 488 03-24-2010 09:17 AM

i gave up on them a long time ago. there once killer program has been a clusterfuck the last couple years.

Robbie 03-24-2010 09:20 AM

Quote:

Originally Posted by Roald (Post 16973774)
nothing wrong with protecting your brand :2 cents:

100% agree

Cyber Fucker 03-24-2010 09:20 AM

Quote:

Originally Posted by Shap (Post 16973782)
Quoted for the truth :thumbsup

...:disgust

naeddie 03-24-2010 09:36 AM

Quote:

Originally Posted by Agent 488 (Post 16973861)
i gave up on them a long time ago. there once killer program has been a clusterfuck the last couple years.

I don't blame you. We have given ourselves some self-inflicted wounds, but we are working on making Naughty America one of top programs again.

Feel free to contact me directly at eddie@naughtyamerica to discuss.

naeddie 03-24-2010 09:49 AM

Quote:

Originally Posted by Robocrop (Post 16973625)
NAUGHTY AMERICA OFFERS AMNESTY TO CYBERSQUATTERS

Naughty America announced today a unique and one time amnesty program
for cybersquatters and typosquatters. Naughty America?s amnesty offer
is simple. Legal action will not be taken against cybersquatters and
typosquatters who transfer their infringing domain names to Naughty
America on or before April 2, 2010.

Naughty America owns the registered trademarks for ?Naughty America?
and numerous domain names incorporating the mark. Naughty America?s
long-standing ownership of the mark has not prevented infringers from
illegally profiting from Naughty America?s strong brand recognition
and goodwill by registering domain names that incorporate ?Naughty
America? or variations of the mark.

To participate in the amnesty program, anyone who has registered a
domain name that incorporates the trademark ?Naughty America? or
variations and misspellings of the mark needs to do the following:

1. Immediately stop any and all use of domain names that include the
trademark ?Naughty America? or variations and misspellings of ?Naughty
America;?

2. Transfer to Naughty America any and all rights in and to the
infringing domain names; and

3. Provide Naughty America with satisfactory proof that the domain
name has been transferred to LTI no later than April 2, 2010.


Good job Naughty! :1orglaugh

Naughty America provides our affiliates with free content to build traffic to their sites to make money. As a company, we have decided to protect our brands. Nothing more nothing less.

hawkadu 03-24-2010 09:50 AM

Quote:

Originally Posted by naeddie (Post 16973971)
I don't blame you. We have given ourselves some self-inflicted wounds, but we are working on making Naughty America one of top programs again.

Feel free to contact me directly at eddie@naughtyamerica to discuss.

so you are trying to make your program best by snatching domains from your affiliates? The domains on which they have worked to make them top in SERPs?

If a affiliate is promoting your sites with the said domain name, what's wrong with that? You're ultimately getting the revenue and the affiliate is paid their part. Protecting your trade mark is a great idea, I agree, but you should fight with those who are promoting others with your trademarks.

In the current scenario, affiliates will be pissed off and looks like all you want is some more free traffic and this will ultimately result in more self-inflicted wounds! :2 cents:

I'm sorry If I sound harsh and I have nothing to do with Naughty America but It is not the right way to treat the affiliates. I've never heard of staff members being sued because they are working to make money for their company and themselves!

TeenCat 03-24-2010 09:52 AM

i got the same email some weeks back. contacted them immediatelly via icq, got a talk and everything is solved with no problems and no changes on both sides. it is only about how you use their trademark :2 cents:

96ukssob 03-24-2010 09:53 AM

Quote:

Originally Posted by Robocrop (Post 16973625)
NAUGHTY AMERICA OFFERS AMNESTY TO CYBERSQUATTERS

Naughty America announced today a unique and one time amnesty program
for cybersquatters and typosquatters. Naughty America?s amnesty offer
is simple. Legal action will not be taken against cybersquatters and
typosquatters who transfer their infringing domain names to Naughty
America on or before April 2, 2010.

Naughty America owns the registered trademarks for ?Naughty America?
and numerous domain names incorporating the mark. Naughty America?s
long-standing ownership of the mark has not prevented infringers from
illegally profiting from Naughty America?s strong brand recognition
and goodwill by registering domain names that incorporate ?Naughty
America? or variations of the mark.

To participate in the amnesty program, anyone who has registered a
domain name that incorporates the trademark ?Naughty America? or
variations and misspellings of the mark needs to do the following:

1. Immediately stop any and all use of domain names that include the
trademark ?Naughty America? or variations and misspellings of ?Naughty
America;?

2. Transfer to Naughty America any and all rights in and to the
infringing domain names; and

3. Provide Naughty America with satisfactory proof that the domain
name has been transferred to LTI no later than April 2, 2010.


Good job Naughty! :1orglaugh

id like to see this stand up in court :2 cents:

RadicalSights 03-24-2010 09:55 AM

Have fun wasting your $ to "protect your brand". Idiots

TeenCat 03-24-2010 09:57 AM

Quote:

Originally Posted by MrBottomTooth (Post 16974040)
I emailed them too when they initially sent out the first email regarding this months ago. They said they would be in contact and then I never heard anything back until they sent out this broadcast email today.

i got my sites approved after the first icq talk, i got message that everything is ok on my side, and today no new email received ...

Nasty 03-24-2010 09:58 AM

Greed 8chars

http://www.linkpicture.com/out.php?i=45932_greed.jpg

kristin 03-24-2010 10:02 AM

Quote:

Originally Posted by Nasty (Post 16974054)

Seriously, why?!?

faxxaff 03-24-2010 10:11 AM

Excellent!
I would wish other program owners would do the same.

sponsorpimp 03-24-2010 10:12 AM

Are the Trade marks World Wide or simply implemented for the USA as you may well know you can trade mark country by country or world wide...Just a thought :winkwink:

JamesK 03-24-2010 10:14 AM

I'm sure it won't affect you, unless you're using their brand to push other sponsors. Could be wrong though.

RycEric 03-24-2010 10:23 AM

Quote:

Originally Posted by Robocrop (Post 16973625)
NAUGHTY AMERICA OFFERS AMNESTY TO CYBERSQUATTERS

Naughty America announced today a unique and one time amnesty program
for cybersquatters and typosquatters. Naughty America?s amnesty offer
is simple. Legal action will not be taken against cybersquatters and
typosquatters who transfer their infringing domain names to Naughty
America on or before April 2, 2010.

Naughty America owns the registered trademarks for ?Naughty America?
and numerous domain names incorporating the mark. Naughty America?s
long-standing ownership of the mark has not prevented infringers from
illegally profiting from Naughty America?s strong brand recognition
and goodwill by registering domain names that incorporate ?Naughty
America? or variations of the mark.

To participate in the amnesty program, anyone who has registered a
domain name that incorporates the trademark ?Naughty America? or
variations and misspellings of the mark needs to do the following:

1. Immediately stop any and all use of domain names that include the
trademark ?Naughty America? or variations and misspellings of ?Naughty
America;?

2. Transfer to Naughty America any and all rights in and to the
infringing domain names; and

3. Provide Naughty America with satisfactory proof that the domain
name has been transferred to LTI no later than April 2, 2010.


Good job Naughty! :1orglaugh

I'm sure they are open for discussion with folks as well. I see nothing wrong with this. So what did you do? :1orglaugh

RycEric 03-24-2010 10:25 AM

Quote:

Originally Posted by RadicalSights (Post 16974045)
Have fun wasting your $ to "protect your brand". Idiots

Note to self. Never do biz with Radicalsights.

WiredGuy 03-24-2010 10:27 AM

I have no problem with a company looking to protect its trademarks, but to send this to every single affiliate is a little overzealous in my opinion. Its a handful of affiliates at best who are applicable and the tone of the email is rather aggressive in seeking any and all webmasters who might be infringing. Wouldn't it have been more professional to look at referral logs and send this email to those who are actually infringing? Either way, I'm not affected by this so it doesn't bother me all that much.
WG

V_RocKs 03-24-2010 10:45 AM

Protect your brand? Bitch, pleeeeeaassseee!

Lets get to the real truth. You see perhaps 20 affiliates that are making a decent buck with sites like diaryofamilf.net. You think you will go in and take the domain and get all of the cash with no affiliate payout and it will stay at #1 in MSN or #2 in Yahoo... But it won't... They will drop all links. The domain will be worthless.

To show their appreciation back to you they will devote time to getting a generic domain back to #2 in Yahoo and send the traffic to a sponsor like Nasty Dollars or TCG or anywhere else but you.

Now if the affiliate was already doing that now, I can see how your'd be protecting yourself. It would make perfect sense. You are listening to your lawyers and not listening to common sense enough...

fris 03-24-2010 10:53 AM

if they are using it to promote them why would they want to lose potentional sales

DateDoc 03-24-2010 11:01 AM

Quote:

Originally Posted by V_RocKs (Post 16974215)
Protect your brand? Bitch, pleeeeeaassseee!

Lets get to the real truth. You see perhaps 20 affiliates that are making a decent buck with sites like diaryofamilf.net. You think you will go in and take the domain and get all of the cash with no affiliate payout and it will stay at #1 in MSN or #2 in Yahoo... But it won't... They will drop all links. The domain will be worthless.

To show their appreciation back to you they will devote time to getting a generic domain back to #2 in Yahoo and send the traffic to a sponsor like Nasty Dollars or TCG or anywhere else but you.

Now if the affiliate was already doing that now, I can see how your'd be protecting yourself. It would make perfect sense. You are listening to your lawyers and not listening to common sense enough...

Quote:

Originally Posted by fris (Post 16974239)
if they are using it to promote them why would they want to lose potentional sales

exactly....

TeenCat 03-24-2010 11:03 AM

i think only those who are using their name to promote other shit are angry now ...

JFK 03-24-2010 11:05 AM

Quote:

Originally Posted by Nikki_Licks (Post 16973642)
Looks like they are putting the hammer down.

it sure does:2 cents:

SmokeyTheBear 03-24-2010 11:15 AM

Everytime i see a company do this it shocks me. Go after bag guys one by one , not en masse like this , it makes no sense , scares your own affiliates and degrades confidence.

Lets just say for example , i start a blog called naughtyamericablog.com this is a pretty clear case of trademark infringment, but if i am promoting naughtyamerica the only thing accomplished by taking the domain is loss of business. as others have pointed out , the one month influx of free traffic doesn't = the future loss of traffic. The webmaster won't promote the site because they don't own it anymore , links will get pulled and the affiliate will move onto programs who aren't so picky. So you get a bunch of worthless domains and a handfull of pissed off affiliates for a couple months of free traffic.


and you made kitty cry, good job :winkwink:
http://psctools.com/gfy/sadkitty.jpg

maxjohan 03-24-2010 11:19 AM

Quote:

Originally Posted by kristin (Post 16973790)
Sorry but when someone says "NA" I don't think of Naughty America.

No application

Crazy people over there. Get off your ass, their business is hurt so they have
to come up with something crazy like this. Fuckem. Losers.

Just screams poor business right now, with leakage. haha

maxjohan 03-24-2010 11:22 AM

And it's the most unprofessional way to kick their affiliates ass. I mean, they could write without sounding Too paranoid. :2 cents:

Quote:

Originally Posted by hawkadu (Post 16973647)
Not good I believe. Its like kicking affiliates ass.....


will76 03-24-2010 11:25 AM

Quote:

Originally Posted by Roald (Post 16973774)
nothing wrong with protecting your brand :2 cents:

i guess it depends on how delusional the person is who is trying to protect their brand, and if they think 1/2 the net is infringing on their generic name. we all know who those people are.

Nothing wrong with protecting yourself, but there is something wrong trying to steal from people by strong arming them and scaring them into giving up their domains that you know would never hold up in court but you try anyway just to see who hands it over to you. :disgust

will76 03-24-2010 11:28 AM

Quote:

Originally Posted by WiredGuy (Post 16974169)
I have no problem with a company looking to protect its trademarks, but to send this to every single affiliate is a little overzealous in my opinion. Its a handful of affiliates at best who are applicable and the tone of the email is rather aggressive in seeking any and all webmasters who might be infringing. Wouldn't it have been more professional to look at referral logs and send this email to those who are actually infringing? Either way, I'm not affected by this so it doesn't bother me all that much.
WG

right like if i own naughtycams or something, maybe they are hoping i would be retarded and think oh shit i better give them my domain because they might sue me. That approach, however has worked by low life's here.

will76 03-24-2010 11:30 AM

Quote:

Originally Posted by kristin (Post 16973790)
Sorry but when someone says "NA" I don't think of Naughty America.

99.999% of the rest of the population (not adult online world) thinks of Non Applicable when they see NA, so good luck with that one.

free seo 03-24-2010 11:34 AM

business must really be down for NA (:1orglaugh)

Nysus 03-24-2010 11:35 AM

Seems like a nice way to go about it.

faxxaff 03-24-2010 02:01 PM

Quote:

Originally Posted by sponsorpimp (Post 16974113)
Are the Trade marks World Wide or simply implemented for the USA as you may well know you can trade mark country by country or world wide...Just a thought :winkwink:

That doesn't really matter.

Using a brand name that is in use by a known party is pretty foolish - first of all because most people simply abuse it by promoting competitors ..... This has to be punished and most jurisdictions respect this without the need of legal formalities.

Protect your brands and drive fraudulent affs out of the market.

dig420 03-24-2010 02:10 PM

Quote:

Originally Posted by Roald (Post 16973774)
nothing wrong with protecting your brand :2 cents:

I agree. I'm going after anyone with 'cuckold' or 'slut' or 'wife' or 'interracial' in their domain name. Get my atty on the line :1orglaugh

PSD 03-24-2010 02:12 PM

I had a bad experience with them. My revshare account was suspended without notice for what I later find out was due to having too good a ratios which they claimed were "completely and utterly impossible" to achieve and thus they assumed I must be doing something suspicious.

After finding this out, I tried to explain it was because I was linking directly to the join page for much of my traffic and as soon as I started doing this apparently NATS did not count those hits or severely undercounted them causing the high ratios. Not saying it was NATS fault as I may have linked to the page improperly even though sales were being recorded.

After telling them this my emails were no longer replied to. I mean if they did not want me to link directly to the join page fine, I would have just changed my links, but the way this was handled was horrible. Anyway, just wanted to vent as although this happened awhile ago I am always reminded of my experience whenever I see Naughty America mentioned.


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