Selling 3 year old FRIENDS show domain listed Google first page

Why are you selling this site?
I don't have much time to update this site.

How is it monetized?
I just started using adsense few days back and before that never did any monitization

Does this site come with any social media accounts?
Facebook page with 1000+ likes
Instagram Account with 1800+ followers and photos are getting 100+ likes
Twitter 200+

SEO
I've never done any SEO but the website is getting most of the traffic from google.
Many pages of the website are on the first page of google.
So you can see that how much this website is capable.
few keywords: hit by a blimp, (on number 2)
they don't know that we know they know,
and lots more.
I'll transfer the website to your server for free (~$50)


I'm using a premium theme from themeforest whose license code I won't give. But you can use the theme without that if you want to.

 

Looks like a DMCA nightmare.

 

You seem to be a over conscious person. There are a lot more than MANY websites running for more than 10 years.

 

Yeah, but they stay under the radar.

With you selling this on a public forum, you have basically screamed from the mountain top,

"Look at me! I am violating copyright!"

I would have kept it low key if I were you.

 

And the second you put Adsense on the website, you broke both the law and Adsense policies.

Not very smart!

 

What law did he break?

 

Before monetizing the website, he could attempt to claim fair use.

However, by adding advertising banners to the website, he became a for-profit website.

Since "FRIENDS" is a registered trademark owned by someone else, nobody can create a for profit "FRIENDS" themed website.

 

Again what law did he break?

 

(1) Any person who shall, without the consent of the registrant—
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or
(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,
shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive.
As used in this paragraph, the term “any person” includes the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, and any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.
(2) Notwithstanding any other provision of this chapter, the remedies given to the owner of a right infringed under this chapter or to a person bringing an action under section 1125(a) or (d) of this title shall be limited as follows:
(A) Where an infringer or violator is engaged solely in the business of printing the mark or violating matter for others and establishes that he or she was an innocent infringer or innocent violator, the owner of the right infringed or person bringing the action under section 1125(a) of this title shall be entitled as against such infringer or violator only to an injunction against future printing.
(B) Where the infringement or violation complained of is contained in or is part of paid advertising matter in a newspaper, magazine, or other similar periodical or in an electronic communication as defined in section 2510(12) of title 18, the remedies of the owner of the right infringed or person bringing the action under section 1125(a) of this title as against the publisher or distributor of such newspaper, magazine, or other similar periodical or electronic communication shall be limited to an injunction against the presentation of such advertising matter in future issues of such newspapers, magazines, or other similar periodicals or in future transmissions of such electronic communications. The limitations of this subparagraph shall apply only to innocent infringers and innocent violators.
(C) Injunctive relief shall not be available to the owner of the right infringed or person bringing the action under section 1125(a) of this title with respect to an issue of a newspaper, magazine, or other similar periodical or an electronic communication containing infringing matter or violating matter where restraining the dissemination of such infringing matter or violating matter in any particular issue of such periodical or in an electronic communication would delay the delivery of such issue or transmission of such electronic communication after the regular time for such delivery or transmission, and such delay would be due to the method by which publication and distribution of such periodical or transmission of such electronic communication is customarily conducted in accordance with sound business practice, and not due to any method or device adopted to evade this section or to prevent or delay the issuance of an injunction or restraining order with respect to such infringing matter or violating matter.
(D)
(i)
(I) A domain name registrar, a domain name registry, or other domain name registration authority that takes any action described under clause (ii) affecting a domain name shall not be liable for monetary relief or, except as provided in subclause (II), for injunctive relief, to any person for such action, regardless of whether the domain name is finally determined to infringe or dilute the mark.
(II) A domain name registrar, domain name registry, or other domain name registration authority described in subclause (I) may be subject to injunctive relief only if such registrar, registry, or other registration authority has—
(aa) not expeditiously deposited with a court, in which an action has been filed regarding the disposition of the domain name, documents sufficient for the court to establish the court’s control and authority regarding the disposition of the registration and use of the domain name;
(bb) transferred, suspended, or otherwise modified the domain name during the pendency of the action, except upon order of the court; or
(cc) willfully failed to comply with any such court order.
(ii) An action referred to under clause (i)(I) is any action of refusing to register, removing from registration, transferring, temporarily disabling, or permanently canceling a domain name—
(I) in compliance with a court order under section 1125(d) of this title; or
(II) in the implementation of a reasonable policy by such registrar, registry, or authority prohibiting the registration of a domain name that is identical to, confusingly similar to, or dilutive of another’s mark.
(iii) A domain name registrar, a domain name registry, or other domain name registration authority shall not be liable for damages under this section for the registration or maintenance of a domain name for another absent a showing of bad faith intent to profit from such registration or maintenance of the domain name.
(iv) If a registrar, registry, or other registration authority takes an action described under clause (ii) based on a knowing and material misrepresentation by any other person that a domain name is identical to, confusingly similar to, or dilutive of a mark, the person making the knowing and material misrepresentation shall be liable for any damages, including costs and attorney’s fees, incurred by the domain name registrant as a result of such action. The court may also grant injunctive relief to the domain name registrant, including the reactivation of the domain name or the transfer of the domain name to the domain name registrant.
(v) A domain name registrant whose domain name has been suspended, disabled, or transferred under a policy described under clause (ii)(II) may, upon notice to the mark owner, file a civil action to establish that the registration or use of the domain name by such registrant is not unlawful under this chapter. The court may grant injunctive relief to the domain name registrant, including the reactivation of the domain name or transfer of the domain name to the domain name registrant.
(E) As used in this paragraph—
(i) the term “violator” means a person who violates section 1125(a) of this title; and
(ii) the term “violating matter” means matter that is the subject of a violation under section 1125(a) of this title.
(3)
(A) Any person who engages in the conduct described in paragraph (11) of section 110 of title 17 and who complies with the requirements set forth in that paragraph is not liable on account of such conduct for a violation of any right under this chapter. This subparagraph does not preclude liability, nor shall it be construed to restrict the defenses or limitations on rights granted under this chapter, of a person for conduct not described in paragraph (11) of section 110 of title 17, even if that person also engages in conduct described in paragraph (11) of section 110 of such title.
(B) A manufacturer, licensee, or licensor of technology that enables the making of limited portions of audio or video content of a motion picture imperceptible as described in subparagraph (A) is not liable on account of such manufacture or license for a violation of any right under this chapter, if such manufacturer, licensee, or licensor ensures that the technology provides a clear and conspicuous notice at the beginning of each performance that the performance of the motion picture is altered from the performance intended by the director or copyright holder of the motion picture. The limitations on liability in subparagraph (A) and this subparagraph shall not apply to a manufacturer, licensee, or licensor of technology that fails to comply with this paragraph.
(C) The requirement under subparagraph (B) to provide notice shall apply only with respect to technology manufactured after the end of the 180-day period beginning on April 27, 2005.
(D) Any failure by a manufacturer, licensee, or licensor of technology to qualify for the exemption under subparagraphs (A) and (B) shall not be construed to create an inference that any such party that engages in conduct described in paragraph (11) of section 110 of title 17 is liable for trademark infringement by reason of such conduct.
(July 5, 1946, ch. 540, title VI, § 32, 60 Stat. 437; Pub. L. 87–772, § 17, Oct. 9, 1962, 76 Stat. 773; Pub. L. 100–667, title I, § 127, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 102–542, § 3(a), Oct. 27, 1992, 106 Stat. 3567; Pub. L. 105–330, title II, § 201(a)(8), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106–43, § 4(a), Aug. 5, 1999, 113 Stat. 219; Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3004], Nov. 29, 1999, 113 Stat. 1536, 1501A–549; Pub. L. 109–9, title II, § 202(b), Apr. 27, 2005, 119 Stat. 223.)

 

Are you seriously arguing that "FriendsTheShow.com" full of FRIENDS clips, quotes and images isn't violating the trademark infringement law?

 

Firstly all clips are hosted on Youtube.

Secondly do you know how many friends memes/images and quotes there are online on adsense sites?

There are some other thing the seller needs to sort out first then worry about US trademark corporate law.

Finally I'm really confused as to why you feel the need to post on the thread if you have no interest in the site.. I got curious as soon as you said the seller was breaking the law..

 

Oh, so since they do it then it's ok?

How would you like it if someone used your trademark without your permission?

Someone purchasing this website should know about the legal issues, if they don't they could be scammed and a couple months later lose their money AND the website.

All the registrar and hosting company needs is one complaint and the site will get locked.

 

So are you like policing every DP thread on the buy/sell forum?

Also there doesn't seem to be a Friends Trademark for clips/memes/images.. all of them are in reference to the show, the buyer is just monetising the site with Adsense not selling/endorsing any product.

Anyway the new buyer should be weary what's been said above.

 

Forgetting all about the memes, images and quotes (which absolutely are trademarked), the domain name alone is the nail in the coffin.

If you're not concerned about the trademark, why not purchase the site yourself?

 

I'm just here to see what law he was breaking and why you're posting if you're not interested.

 

So you're allowed to post without being interested but I am not?

 

Again read above.. wanted to see what law you claimed he was breaking

 

Do you not agree he is breaking the law?

 

I think we should let the auction run it's intended course and no longer hijack it anymore lol..

 

That kind of thinking is what causes scams. The mods are volunteers, they can't catch everything.

It's up to the community to look out for each other.

If someone is trying to scam someone else, we should step in to help.

Why do you have a dog-eat-dog mentality?