Cease and Desist

Discussion in 'Legal Issues' started by IoWn3rU, Dec 29, 2009.

  1. #1
    My site is a free-speech site supported by the First Amendemnt, with the name of the company and -scam.com

    They are a deceiving, scamming, yet extremely popular site and are worried that we are going to expose them as the scammers they are.

    We have not used any trademarks or copyrights in the site, and have a very detailed disclaimer: Copyright infringement is not intended. Trademark infringement is not intended. We do not own the ****** logo, site, or endorse it. ***** is owned by ******. ****** is a registered trademark of ******. This website is not associated, affiliated or endorsed by ******. This is a Free-Speech Website protected by the First Amendment of the Legal Bill of Rights of the United States of America. We are an NPO (Non-Profit Organization), no money earned from site is used for personal gain. Before you try to attack us, or send us a cease and desist letter - think what an attempt to suppress legitimate criticism will do to an image of a corporation that supposedly does no evil all. Rights Reserved. Additional Policies

    They have no grounds to sue us on, basically they're just trying to scare us... right?

    (***** as to not show the company or the name of my site, sorry, I'm not willing to give up this niche.)
     
    IoWn3rU, Dec 29, 2009 IP
  2. Brandon Sheley

    Brandon Sheley Illustrious Member

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    #2
    isn't google fun :rolleyes:
    http://www.lockerz-scam.com/

    not really sure what you're trying to ask though
    did you get something int he mail, or are you just asking "if they send you a DMCA" ?
     
    Brandon Sheley, Dec 29, 2009 IP
  3. IoWn3rU

    IoWn3rU Peon

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    #3
    Not really sure how you googled us, but please don't post the URL?

    And yes I received a forwarded e-mail from name.com with attached email from law firm. But I noticed on googlesux.com they sell a clothing line as well, and even use Google's logo. I never used the site's logo in mine.
     
    Last edited: Dec 29, 2009
    IoWn3rU, Dec 29, 2009 IP
  4. Brandon Sheley

    Brandon Sheley Illustrious Member

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    #4
    1.. i googled your username
    you have an account on WF with that link in your sig
    and 2.. a real DMCA will come by snail mail, just delete that email and carry on ;)
    and 3. you quoted my post with your link and you're asking me to remove the link...lol uh.. okay :rolleyes:
     
    Brandon Sheley, Dec 29, 2009 IP
  5. IoWn3rU

    IoWn3rU Peon

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    #5
    I have WHOIS privacy enabled, that's why it was forwarded to me by the ceo.
     
    IoWn3rU, Dec 29, 2009 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    That's the same ground Nissan Motors eventually used on Mr.
    Nissan for nissan.com. Their dispute continues on, though it's
    still with Mr. Nissan.

    Unfortunately a judge or a UDRP panelist can use that bit as a
    "proof" of infringement. You'll have to defend your rights to it
    if you want to keep that.

    OTOH, free speech and gripe sites have been protected. It will
    take a bit of convincing, though.

    Good luck.
     
    Dave Zan, Dec 29, 2009 IP
  7. IoWn3rU

    IoWn3rU Peon

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    #7
    And what if I remove the ads, as I did? Do they have any grounds now?
     
    IoWn3rU, Dec 29, 2009 IP
  8. AshPC

    AshPC Peon

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    #8
    I cannot believe lockerz is a scam, most of the users on my forum are currently using it so I don't want them wasting there time. Could you pm me with some information on how lockerz are scamming? I'll let me users know about this. Also, you could probably just ignore their DMCA emails. It's not like that could do much. I've seen sites like your a lot.

    regards,
    Kevin aka Luffy
     
    AshPC, Dec 29, 2009 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    1. Removing the ads now doesn't erase what you have already done. That would be one argument against you.

    2. You've stated a lot of things about the company as "fact" not an opinion, and with "proof". I don't know anything about the company, but stating things as "fact" is very dangerous if you cannot prove every single one. It doesn't matter if you state 100 facts and only 1 is proven untrue, you are liable and a disclaimer isn't going to protect you.

    3. Forget about what other people are doing with "sucks" sites - it doesn't mean anything. A lot of companies choose to ignore them, others will make your life a living hell.

    4. Forget about "privacy protection" - many such services will release information with a legal threat from an attorney. All of them will do it with a court order, and this isn't hard to get.

    5. Of course they can sue you. They can sue you for no other reason than to force you to spend tens of thousands of dollars in court - perhaps six figures. If you win, you will likely be out attorney fees. A company with deep pockets will use this as a strategy to bury you in legal fees.

    6. I would strongly suggest consulting an attorney if you are not going to comply with their requests. These type of disputes can get real nasty - and I know from personal experience. If you don't want to pay to get an a legal opinion, you surely don't want to have them file a suit against you. The legal fees you will then be looking at will be massive in comparison.
     
    mjewel, Dec 29, 2009 IP
  10. IoWn3rU

    IoWn3rU Peon

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    #10
    All understood and good points. But it's true that until they send me a letter, it's not official, correct?
     
    IoWn3rU, Dec 30, 2009 IP
  11. mjewel

    mjewel Prominent Member

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    #11
    They don't have to notify you at all. They can file a lawsuit and ask for a court order without contacting you.
     
    mjewel, Dec 30, 2009 IP