Only up a few weeks and already a copy cat

I still say scare him legally with the DMCA

 

The more you post, the more you put your foot in your mouth.

You can certainly trademark common words i.e. "Apple, Amazon, Barbie" are just a few examples. What you can't usually do is trademark descriptive marks unless they have established a secondary meaning.

I doubt that Blackberry would have a case on your domain name - whether or not someone else would is unknown. Sites have been sued for having trademarks terms in their meta descriptions.

 

^I could careless about feet in my mouth
pga'tour' 'tour'defrance etc etc
the only reason I didn't register blackberrytourthemes was because of the trademark.
I made the mistake with my blackberryvids site and I wasn't about to make it again.

 

"pga tour" "tour de france" both Federally Registered and protected trademarks - insert foot again. BTW, "Blackberry Tour" is also a registered trademark. "Theme" is also a registered trademark. It's usage that would determine infringement on both words.

 

@mjewel

when i searched for "blackberry themes"
i ended up with a keyword + .net domain name
isn't it trademarked ?
But the domain is active from 2007 it seems ?

 

Oh my god. What the hell is wrong with you? There is a reason I put quotes around 'tour' in both of those.
Meaning, by your logic, one of them is breaking trademark against the other. Tour isn't trademarked it's just a word.
I meant that there is 'tour' in both of those.
I'm not using blackberry tour so wrong again.
There's millions of websites and companies with theme and tour in them.
http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
Theme was trademarked but the company is dead as well as the trademark.

 

I'm convinced you are an idiot. First, "theme" is an active and live trademark (Registration Number: 3636500) but you obviously don't have the slightest clue as to how trademarks are granted.

As I stated, "Tour Themes" in itself isn't likely to be infringement with Blackberry. Usage/classification is what determines infringement. Since your sites deals with "Blackberry Tour" they would have a case for trademark infringement and could likely take the domain or sue you for infringement. Whether or not they would choose to do it with such a small site is unknown. Some companies are very aggressive. If your domain was "Barbie Themes" and had content related to dolls on it, then you could pretty much count on a UDRP or lawsuit.

My point is that you shouldn't be posting anything about trademarks because you are clueless.

 

Doesnt Google have some kind of Duplicate Content reporting system? Any in order for you to claim any copyright status, you must legally copyright it first. Otherwise, anyone can copy your stuff. Just because you have a Copyright notice at the footer of your website doesn't mean its copyrighted legally. Correct me if im wrong.,

 

There is an automatic copyright upon creation. If you created it, it is copyrighted. You file a DMCA with google - but if you falsely report a site (you don't own the copyright) there can be huge potential damages awarded - even hundreds of thousands of dollars.

 

Sue me
They wont sue me... Blackberry encourages theme development and redistribution. I'm on that websites with hundreds of thousands of people and we are yet to hear of any of their sites shutting down.
blackberryforums.com <-- huge site, still running.
I'm an idiot....
http://tess2.uspto.gov/bin/showfield?f=doc&state=4004:j9964v.2.17
theme - dead
However, after seeing that I didnt bother to continue scrolling down to the bottom of the page to notice the last entry is "theme" again, which is live.
I could careless that I'm ignorant (not an idiot, seems like you're here to offend people rather than help them) concerning trademarks. I have a job, go to school and this is a hobby rather than anything else. If at anytime I would pay less into it than what i get out of adsense it would get shut down.
Now stop replying because your replies truly don't interest me in the least bit.

 

seventharmy... in the end I had a look at that site and yours and basically you have no leg to stand on.

People aren't just arguing with you to make you angry. If in the end you can't see your own faults there isn't much anyone can do to help you.

It really is funny... here are some questions to ask yourself:

Do you own copyright to those images?
Is the text he displays exactly word for word the same as yours?

If answered 'no' to both questions then you have your answer. There are lots of sites out there with similar information. It doesn't give you the right to assume someone took your site and made theirs based on yours. Did it even enter your mind that hundreds of other people have the same idea...

Let's look to see if that is true.

*opens Google*

Results 1 - 10 of about 152,000,000 for blackberry tour themes. (0.33 seconds)

Oh...what is that? Geez... only 152 million people must have the same idea. Do yourself a favor and don't be an idiot.

So if one diet site focuses on the South Beach Diet and does okay-ish and another South Beach Diet site comes along with much better content and done properly, and gets better ranking...do you assume the one took content from the other? Hardly... they can even have similar topics because in this day and age there are very few writers that can write about something without having first hand experience. In the end he has original content that I don't see on your site, so it stumps me to think that he stole from you. How is his site similar to yours? He doesn't even have an 'About Me' or 'About Us' page.

What some sites sometimes do is take inspiration from other sites and do better where the other sites are flawed. Sometimes some sites grab your spot based on your keywords, but it is a dog eat dog world out there. You don't own the copyright to the word or trademark Blackberry or it's images so deal with, offer better content and you will do better than he does. It would mean something if his content is exactly like yours, but it isn't.

To demonstrate that I am not just ranting... I had a popular anime social network at one point. Along came a free site, named their site after mine, took all the keywords and got ton more people because they did better than I did. I was pissed off too but after talking with several people I realised that if I want to compete I need to do better. I did.

So good luck!

 

Do yourself a favor and read my posts before replying.
I contacted him and he agreed to change it because he did just copy what I wrote, nearly word for word.
The guy lives in India, where the blackberry tour device is unheard of because it's for verizon cdma only.
There's no way he would have knowledge of it.
This site doesn't allow me to edit posts after a few hours, he agreed to do it the next day after I told him I submitted a claim to godaddy. Let this topic die as I've said already.
Thank you

Also don't call me an idiot, it only makes you ignorant because you have no knowledge of the word you're using.
Idiot refers to intelligence. How does 152 million sites with the keyword 'blackberry tour themes' refer to a lack of intelligence?
I never said anything about any other website. This one specifically because HE DID copy my text and content. No he doesn't have pages but he copied my about us page and made a post with it. As I've said, he agreed the next day to change everything but it doesn't allow me to edit the first post to state that.
So, before calling other people an idiot look at what you're actually saying so as not to make yourself look like an idiot.
Thank you for your constructive reply Sarah.