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MySpace Cease and Desist Notices

Discussion in 'Legal Issues' started by Kyle R., Jan 11, 2006.

  1. cpvr

    cpvr Guest

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    #21
    Why would they do that? They could just for any other domains like hisspace, herspace, etc. lol
     
    cpvr, Jan 16, 2006 IP
  2. INV

    INV Peon

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    #22
    You are allowed to have any subdomain or folder or title tag you choose. Nobody has a case against you in court just for using their company name as a subdomain/folder or title as long as freedom of speech is still there. Using a trademark in a domain is a different issue as a domain usually representing a company name which in any case cant contain someone elses trademark.
     
    INV, Jan 18, 2006 IP
  3. cianuro

    cianuro Peon

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    #23
    Exactly. If that was the case, they would be sending C&D letters to people who used their TM in speech!
     
    cianuro, Jan 18, 2006 IP
  4. mcfox

    mcfox Wind Maker

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    #24
    Cease and Desist notices from MySpace have been issued to several domains using the MySpace trademark name

    From SearchEngineJournal:
    "The MySpace legal team has sent out Cease & Desist letters to the owners of domain names and web sites which use the MySpace name. Sites such as MySpaceCity.com, MySpaceAdds.com, and MySpaceSupport.com have received such letters which are threatening legal action against those sites for use of the MySpace brand in the domain name."

    This is from Domains Magazine (they attribute the source as SearchEngineJournal);
    Ouch! MySpace legal team isn't exactly short of funds or legal muscle.

    It's interesting that two sites mentioned in the above cease and desist have apparently still to cease or desist and the Whois still gives the original owner, suggesting of course that a single-digit is being directed towards MySpace's C&D notice. I wonder how that will play out?
     
    mcfox, Jan 22, 2006 IP
  5. wrmineo

    wrmineo Peon

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    #25
    Now ... what does the MySpace legal team propose they do to keep their members from hotlinking images and other stuff off sites and onto MySpace?

    I've sent countless emails to them asking they push a policy forbading their members from hotlinking off sites without permission ... nay a reply.
     
    wrmineo, Jan 22, 2006 IP
  6. mcfox

    mcfox Wind Maker

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    #26
    I doubt they give a stuff, wrmineo. What do they care?
     
    mcfox, Jan 22, 2006 IP
  7. RectangleMan

    RectangleMan Notable Member

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    #27

    hmm...class action possibly against myspace?
     
    RectangleMan, Jan 22, 2006 IP
  8. Lpspider

    Lpspider Well-Known Member

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    #28
    Wow, very good points.

    I do think that people should have been smart enough to not register myspace domain names in the first place though.
     
    Lpspider, Jan 22, 2006 IP
  9. mdvaldosta

    mdvaldosta Peon

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    #29
    How can you sue MySpace for the actions of their users? You can't, at least not with big bucks and even then you'll lose. Much like the attempts of the Music industry suing the likes of P2P sites for copywrite infringement.

    As a webmaster, you can easily prevent hotlinking or if you don't want to do that then you can easily change the image location if you get a few out of hand.
     
    mdvaldosta, Jan 22, 2006 IP
  10. Kings

    Kings Peon

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    #30
    Aren't they then a "service provider", which means you can send a DMCA complaint, and they have to act? Although hotlinking probably isn't direct copyright infringement.
     
    Kings, Jan 22, 2006 IP
  11. mcfox

    mcfox Wind Maker

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    #31
    It seems that MySpaceAdds.com has already folded. It resolves to MySpace and the whois shows MySpace as the registered owner.
     
    mcfox, Jan 22, 2006 IP
  12. fryman

    fryman Kiss my rep

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    #32
    Every site with myspace in the domain will be down soon... you are not only fighting Myspace, but also Fox.

    Those crummy threads of sites for sale here with myspace in them should be locked and not allowed any more.
     
    fryman, Jan 22, 2006 IP
  13. raycampbell

    raycampbell Peon

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    #33
    I wouldn't be so sure. If there is a legitimate class action, the class action attorneys have the resources to go toe to toe with Fox. That Fox is big, and rich, and has lots and lots of money to pay out in damages, is not a defect from the point of view of a good class action attorney.

    Some of the P2P sites did get shut down because they were facilitating other people's copyright infringements.

    I don't know enough about what the MySpace users are linking to, or who the injured parties woudl be, to have an opinion about whether there is a good suit here, but if there is having someone major like Fox as a defendant would be a good thing. A plaintiff's attorney would rather have a pretty good suit against someone with lots and lots of money than an absolutely airtight suit against someone with no money.
     
    raycampbell, Jan 23, 2006 IP
  14. makeaprofit

    makeaprofit Guest

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    #34
    I have a myspaceXXXXXXX.com domain registered before the year 2000, will they have have legal rights to take it from me? Or can I freely use it?

    This is even before they had even thought of myspace community, give me your inputs on this

    Thanks :)
     
    makeaprofit, Jan 24, 2006 IP
  15. tonyrocks

    tonyrocks Active Member

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    #35
    Verizon was even dirtier than MySpace. A few years back they started threatening all varations of Verizon in the domain name....some included:

    verizonsucks.com, verizonsuckdonkeyballs.com, verizoneatsboogers.com.

    There was a huge flame war going on over at 2600 magazine. Really interesting how the reaction was.
     
    tonyrocks, Jan 24, 2006 IP
  16. makeaprofit

    makeaprofit Guest

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    #36
    Do anyone have any good answer to my question above? It`s kinda important and would really appreciate to get quick answers...
     
    makeaprofit, Jan 24, 2006 IP
  17. digitalpoint

    digitalpoint Overlord of no one Staff

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    #37
    If you registered the domain before the owned the trademark, you (probably) are okay.
     
    digitalpoint, Jan 24, 2006 IP
  18. Blitz

    Blitz Well-Known Member

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    #38
    Ok, this isn't true but what if my name was Joe Myspace? Would I be entitled to use joemyspace.com or would they have they legal right to take that from me?
     
    Blitz, Jan 24, 2006 IP
  19. digitalpoint

    digitalpoint Overlord of no one Staff

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    #39
    It becomes a grey area... if you are using to to promote MySpace related stuff, they could take it from you. Microsot took mikeroesoft.com from Mike Roe... :)
     
    digitalpoint, Jan 24, 2006 IP
  20. tonyrocks

    tonyrocks Active Member

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    #40
    Yeah, this is a tough one. Not too long ago, and this btw has nothing to do with Domain names, Carnegie Mellon University had to stop using CMU because Central Michigan University was complaining.

    Since Central Michigan has been around longer, they get to use the abbreviation of CMU.
     
    tonyrocks, Jan 24, 2006 IP