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08-22-2006 06:17 PM #1
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Help!! Threat of lawsuit for Brand Infrigement
Hi,
Im a affiliate with playunited.com, and i own playunited.eu & .co.uk,
playunited have contacted me and wanting to buy my domain for very cheap
600$, else they are threatning with lawsuit.
They are threatning to sue me for brand infrigement. However, as far as im
concerned, i dont see any basis to their claim, does any know better?
Any suggestions?
/A.D -
08-22-2006 06:23 PM #2
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If playunited is registered as a brand in US, EU or in other jurisdiction you are unable to use that domain name.
Keep the $600 dude and take a course of ethics!! -
08-22-2006 07:58 PM #3
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Ask Larry the lawyer, he does both online gaming law and online copyright law.
http://www.firstamendment.com/dominique
A successful man is one who can lay a firm foundation with the bricks others have thrown at him.
David Brinkley -
08-22-2006 08:31 PM #4
Did you pay for that domain, if so its' yours period. I am no Lawyer but have seen similiar cases. Call them on their bluff! greek39
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08-22-2006 10:32 PM #5
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I might suggest reading the saga of Nissan Computer Corporation:
http://www.nissan.com
http://www.nissan.com/Digest/The_Story.php
If playunited.eu & co.uk are your sites, you're not at all letting people know that they are not on a Play United company page (in fact, you're effectively acting as if they ARE). . . That aspect could get you in some serious trouble, and probably give them a lot of leverage in court.
Good luck, hope you get justly compensated for your efforts. -
08-22-2006 11:16 PM #6
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It's simple economics... charge them exactly what it will cost them to go through with suing you. From their standpoint they will be saving time.
I'd guess to sell them for about $2000 to $3000, or at least that is what I would do.
Pay the "fair" price or "so sue me already"
Oh, but you SHOULD certainly be careful if you send them lots of players. They might kill your affiliate account. Like I said, pure economics.
dAnWe are Best Odds Corp. Forget the rest, work with the best. -
08-23-2006 02:33 AM #7
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When I studied branding and implied trademarks, the biggest point made was confusion.
If a visitor might come to your website, and mistakenly think they are @ Earn United, and Earn United has in the eyes of the law 'branded' the name or addy.. then you could be infringing.
For instance, if you owned a cookie shop, and I sold purses, we have the same URL (.com & .net) My customers are not likely to be easily confused, because cookies are not purses.
Thats just a basic overview though, and I'm by no means qualified to give advise.. just my understanding of the law
~LadyHI've been writing gambling content for going on 7 years. I write about:
Poker - Sportsbetting - Bingo - Casinos and Casino Games - Forex - Online Dating - MMA and UFC
Give me a shout, via PM, email, or messenger and we'll see what I can do for you. I also work wonders with old reviews, outdated articles, and overall site sprucing . -
08-23-2006 03:25 AM #8
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SEO's say a domain name should be branding now and not keyword based. That's why they're pissed.
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08-23-2006 11:55 AM #9
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08-23-2006 12:44 PM #10
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Make it a Win Win
why not work with each other, have play united create a landing page specifically for you with your tracker links. That way the control what the branding is, they can keep your content current and you get your rev share. Try it, it really works.
Brian
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