AOL wants my domain “AOLUnCut.com”

Discussion in 'Legal Issues' started by Dreamchaser, Jun 5, 2006.

  1. KalvinB

    KalvinB Peon

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    #81
    He probably can't say how much he got. It helps to discourage people from registering *aol*.* domains in an effort to get money out of them.
     
    KalvinB, Aug 27, 2006 IP
  2. JC007

    JC007 Active Member

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    #82
    I think is hand them over. :(
     
    JC007, Aug 27, 2006 IP
  3. Ferrarislave

    Ferrarislave Peon

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    #83
    Stupid move. Ignore the stupid people in this thread claiming to be certified copyright and trademark lawyers. Remember Myspace? The C&D letters? Threats with $xxx,xxx per day losses? Yea.. How many Myspace resource sites currently use the name "Myspace" in their domain? 50,000+ They couldn't do anything. These companies count on people getting scared and handing over what is truely theirs.
     
    Ferrarislave, Aug 27, 2006 IP
  4. Nonny

    Nonny Notable Member

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    #84
    Wow, that's spectacularly bad advice. The companies certainly CAN do something if they choose to. It's true that they don't always file a lawsuit, but that doesn't mean that they won't. Look at the recent case of Microsoft suing people that use it's trademarks in their domains: http://www.post-gazette.com/pg/06239/715681-96.stm

    Before you make a decision, talk to an attorney with expertise in internet law. Then, if you are sure the risk is worth it, keep the domain.
     
    Nonny, Aug 28, 2006 IP
  5. KenJay

    KenJay Peon

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    #85
    Something to always consider when buying a domain similar to others trademarks.

    1. Is the domain a second market domain Such as
    Used Items.

    Example Usedmyspaceaccounts.com

    They could not get this domain name since it is a second tier market or after market. Protected by first of sale rights on copyright and the trademark is not myspace which would be first market product, it is usedmyspace which is a product of second market.

    If your domain name is of first market or first sale and is getting money off the trade mark in similar market and similar product then you will have some issues.

    Usedchevy.com is a good example of second market. Many people own a product called used chevy = second market.

    When buying domain names and considering potential trademark infringement, you must always look at the product your selling and its market. First Market or Second Market Very important when considering your legal obligations.


    No exact science or laws because all laws are guidelines to making decisions and decisions are always left to interpretation , but first market and second market has been set in precedence through first of sale laws since 1908.

    Been through this one and won, so this is first hand knowledge.
     
    KenJay, Aug 28, 2006 IP
  6. ENVLA

    ENVLA Guest

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    #86
    did they offered you some decent cash for this or just plain threats ? if 2) that idd suggest to be more vertical, somwething interesting may come out.
     
    ENVLA, Aug 28, 2006 IP
  7. idotcom

    idotcom Well-Known Member

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    #87
    You could have gotten away with using it, if you would have done it some other way. But you're clearly stuck. Let me point this out...

    1. You already acknowledged AOL's letter (and offered to settle)
    2. Everything has just been documented in this public thread.

    It's done. Be happy they've offered to pay 25 for the release.
     
    idotcom, Aug 28, 2006 IP
  8. Daniel591992

    Daniel591992 Well-Known Member

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    #88
    I think you should try to sell it to them :)
     
    Daniel591992, Aug 29, 2006 IP