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How Legall are "SUCKS" sites???

Discussion in 'Legal Issues' started by itsall3, Feb 9, 2007.

  1. MTbiker

    MTbiker Well-Known Member

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    #21
    Yes, you are allowed to state your opinions such as "I hate using PayPal" but you can't lie about a fact. So if you said "PayPal stole money out of my account" when they didn't, you'd be in trouble. :)
     
    MTbiker, Feb 13, 2007 IP
  2. AZhitman

    AZhitman Active Member

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    #22
    I own HenesseySucks.com - Picked it up in response to a RASH of complaints about the "legendary" Viper tuner John Hennessey, who is a true ass on the Internet. He's got a boatload of lawsuits and complaints against him, and he's arrogant enough to believe the word won't get out online.

    I've offered it up to whoever wants to develop it, as a place to share horror stories and coordinate legal efforts against him.
     
    AZhitman, Feb 13, 2007 IP
  3. Nonny

    Nonny Notable Member

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    #23
    That domain name makes me think you don't like cognac ;)

    Just to chime in with everyone else: you probably can use a trademarked name in a "sucks" domain if you are really using it as a non-commercial critique site. Here is a recent court decision:
    http://www.chillingeffects.org/weather.cgi?WeatherID=320
    Note that an important element of the case was that the site was non-commercial (So, contrary to what Arcos suggested, "sucks" sites are not good "made for adsense" domains.)
    Here is an analysis of a C&D letter for a "sucks" site:
    http://www.chillingeffects.org/domain/notice.cgi?NoticeID=4029

    Remember, though, that even if you are in the legal right, you might have to defend yourself in court.
     
    Nonny, Feb 13, 2007 IP
    Lever likes this.
  4. FuckNamePros

    FuckNamePros Peon

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    #24
    microsoftsucks.com
    Registrant:
    Secaucus Group LLC - Sucks500.com used to be sucks.com
    Secaucus Group LLC
    1465 Route 23 South #139
    Wayne, NJ 07460
    US

    microsoftsuck.com
    Registrant Contact:
    Nextnet Tech
    Domain Dept ()
    +1.7185058800
    Fax: +1.1
    7215 41st Ave
    #A12
    Woodside, NY 11377
    US

    Whois for Sedosucks.com (Sedo Sucks)
    Registrant:
    Sedo.com
    One Broadway, 14 Floor
    Cambridge, Massachusetts 02142
    United States
     
    FuckNamePros, Feb 14, 2007 IP
  5. Lever

    Lever Deep Thought

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    #25
    Well there you go, FNP, someone with more time on their hands than me. Good find :)
     
    Lever, Feb 26, 2007 IP
  6. Solicitors Mortgages

    Solicitors Mortgages Well-Known Member

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    #26
    Another question about ...."sucks domains",

    Is there a huge difference with the domains microsoftsucks.com and microsucks.com if both were to be of the same topic?
    As you can see the second domain doesn't use the company name at all, so would it be legally "safer"?
     
    Solicitors Mortgages, Apr 14, 2007 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #27
    If you don't put any hint of commercial use or intend to derive any traffic from a
    trademark, and the mark holder in question isn't known to mind at all, you have
    a chance.
     
    Dave Zan, Apr 15, 2007 IP
  8. Hexane

    Hexane Peon

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    #28
    Ok. It's very simple. The 'sucks' sites are prefectly legal as they fall under the category of 'parody' sites (which should be mentioned in a tiny disclaimer somewhere on the site). Basically you are exercising your right for freedom of expression and speech when you are creating a site like that.

    Using the intellectual property of companies (logos, trademarks, etc.) may be a bit tricky. However, if handled in a right manner it should not be a problem.

    Check out this site and see how the author handled it with this and his other parodies.

    http://www.getafirstlife.com

    Good luck!
     
    Hexane, Apr 15, 2007 IP
  9. rupertValentino

    rupertValentino Peon

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    #29
    See now I didnt know that ...Thanks dude :)
    That's so true about paypal.. does the server of the site have to be in a country where paypal isnt operated or just the person who owns it?
     
    rupertValentino, Apr 15, 2007 IP
  10. Solicitors Mortgages

    Solicitors Mortgages Well-Known Member

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    #30
    Not sure I get your point..... Using the name microsucks.com isn't using a trademark :confused: even if the entire content of the site is about microsoft.
    No one could mistake microsucks.com for the actual company website, as it doesn't have the word microsoft in the domain (which seems to be the main reason for domains to considered in breach) If someone actually searched for microsucks on a search engine, then it is obvious they were not looking for the company website anyway.

    For example,
    let's say I registered DPSucks.com and all we talk about is how much digital point sucks, and our bad experiences with DP, is that OK? also can I also create revenue from that by selling ads to other webmaster forums?
    As it doesn't use the actual words digital point in the domain name is it untouchable?
    (don't rep me bad for that...it's an EXAMPLE) ;)
     
    Solicitors Mortgages, Apr 15, 2007 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #31
    Just because the site is bashing Microsoft doesn't mean others won't pay any
    attention if they perceive it to be infringing their trademark. That's what the
    bold portion is about, especially if the site displays any hint of commercial use
    for something that's trademarked other than the intended recipient.

    And don't worry, I ain't bad repping ya.
     
    Dave Zan, Apr 15, 2007 IP