FAILBlog.org Cease & Desist on DailyFAILBlog.com

Discussion in 'Legal Issues' started by duanehaas, Jan 28, 2010.

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What should I do about DailyFAILBlog.com

  1. Turn it over immediately and try something new

    2 vote(s)
    8.0%
  2. Try to bargain a good settlement out of it all

    1 vote(s)
    4.0%
  3. Tell them to shove it and wait for the lawsuit to show up

    12 vote(s)
    48.0%
  4. Bully them back and tell them they have nothing to use

    10 vote(s)
    40.0%
  1. Site Reviver

    Site Reviver Peon

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    #21
    I would say this is good decision.

    Just keep away from such fighting and start a brand new site and work hard on the site instead of maintaining a site for which you have to fight with others.
     
    Site Reviver, Jan 31, 2010 IP
  2. duanehaas

    duanehaas Active Member

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    #22
    Anyone wanna give a hand switching the sites around on my GoDaddy hosting account without messing anything up? I need a new .htaccess to get everything rerouted correctly.

    Thanks Guys!
     
    duanehaas, Jan 31, 2010 IP
  3. Rivmedia

    Rivmedia Notable Member

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    #23
    Are you sure you have to surrender the domain if you are not using it as the main domain now ? Im pretty sure that if its redirected you might just be able to keep it because you are not violating any trademarks anymore. Im not 100% but thats how i would see it.

    Also when did they apply for their trademark ? if your site was made before their trademark then it doesnt count imo , again im no legal expert but just ramblings from other cases ive read in the past.

    As fare as moving your site just move all your files to the new host , then put this in a .htaccess file in the root of the old account :

    RewriteEngine ON

    RewriteRule ^(.*)$ http://yoursite.com$1 [R=301,L]

    That will redirect the whole site , all URL's to the new domain
     
    Rivmedia, Jan 31, 2010 IP
  4. duanehaas

    duanehaas Active Member

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    #24
    Does that redirect URL to URL or just sitewide to the root?

    It's only the domain they have a problem with. Can anyone tell me for sure if they have a full trademark on fail blog yet or is it still just in process?
     
    duanehaas, Jan 31, 2010 IP
  5. Next

    Next Active Member

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    #25
    Site fail!
     
    Next, Jan 31, 2010 IP
  6. GetFreeCash

    GetFreeCash Peon

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    #26
    that sucks man, too bad you have to give up your site.. you should do a press release or something
     
    GetFreeCash, Jan 31, 2010 IP
  7. DubDubDubDot

    DubDubDubDot Peon

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    #27
    DO NOT do an automatic redirect. You will lose all of your traffic when you turn the domain over.

    You want a very simple page on the old domain saying something to the effect of "This site has moved to wherever.com. Update your bookmarks. This page will be removed soon."

    For your existing pages that will be 404, redirect those to index.html with the above message.
     
    DubDubDubDot, Jan 31, 2010 IP
  8. duanehaas

    duanehaas Active Member

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    #28
    The site will still be pointing to my dns so a .htaccess will forward the traffic URL to URL
     
    duanehaas, Feb 1, 2010 IP
  9. duanehaas

    duanehaas Active Member

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    #29
    Well I changed the site and all redirects are ok now... I get to keep the domains as long as I don't open them back up to full sites... This whole experience has kinda killed being a webmaster for me.

    Meh.. we'll see how things go from now on...
     
    duanehaas, Feb 6, 2010 IP
  10. Pixelrage

    Pixelrage Peon

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    #30
    Honestly, it does fall in the infringement category. Why? The domain definitely is "confusingly similar" and the site matter is the same as FailBlog's. I mean, even at first glance, it's obvious that the site was created in the wake of "FailBlog." All of the elements are there for them to claim this. It's like creating a site called BetterBestBuy.com, selling electronics, and then getting a C&D letter from BestBuy about it.

    What I don't understand is how "failblog.net" isn't getting the same treatment.

    Regardless, Ben Huh is a multi-millionaire and it's kind of effortless to fight him in court if he decides to go that far.

    I always find it funny when people advise others to "let it go to court". I wonder if they'd follow their own advice. You've probably been to court before over car accidents. You know how long those cases drag out - years and years...lost vacation days from work, etc. It's not worth it. Especially when it's over something the other party will inevitably win.
     
    Pixelrage, Feb 8, 2010 IP
  11. bryanmalupit

    bryanmalupit Peon

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    #31
    I just registered a domain pinoyfailblog.com ..... Are they gonna put it down too?

    I see dailyfailblog.com now belongs to failblog.org ..................... :mad:
     
    bryanmalupit, Oct 5, 2011 IP
  12. Dave Zan

    Dave Zan Well-Known Member

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    #32
    Unfortunately, it's possible. Whether they will or not depends on them, and their mark is now officially registered.

    However unlikely, check with your domain provider if they can still cancel and refund you for that. Do it quick.
     
    Dave Zan, Oct 5, 2011 IP
  13. browntwn

    browntwn Illustrious Member

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    #33
    I would dump it just to be safe. Usually you can 'return' a domain that was just purchased. Contact your registrar. I have returned many names to Godaddy that after buying decided I did not want the trademark issue.

    It would suck to invest in your website only to have it taken later.
     
    browntwn, Oct 5, 2011 IP
  14. bryanmalupit

    bryanmalupit Peon

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    #34
    i didnt know u could return it.. im gonna return it now heh :)

    thank you for the reply :)
     
    bryanmalupit, Oct 5, 2011 IP
  15. bryanmalupit

    bryanmalupit Peon

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    #35
    talked to customer support of my host fatcow.com ... apparently they dont take returns?

    date of registration was yesterday oct. 5 2011.. am i supposed to be talking to my host fatcow.com or Tucows?

    edit
    ehhh fatcow.com doesnt do refunds.. guess im stuck with this domain
     
    Last edited: Oct 5, 2011
    bryanmalupit, Oct 5, 2011 IP
  16. News Updates

    News Updates Member

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    #36
    I think if they made it trademark after you bought the domain and used then they can't do anything.
    every big company shows eyes to smaller but your shouldn't be afraid of them.
     
    News Updates, Oct 5, 2011 IP
  17. browntwn

    browntwn Illustrious Member

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    #37
    Did you read the thread before you posted. He just bought the domain name.
     
    browntwn, Oct 6, 2011 IP