TV Show - Fox Intellectual Property Email

Ok so I got this email today: (The website in question is obvious but I blanked it as I don't want it directly indexed to this post).

I'm not from the USA so what action can they take against me? The site is hosted in the UK although I guess we should move it offshore now. We don't host any of the files unlike other sites like (familyguylol.com). I haven't replied to this email and am wondering what options I have. I'm guessing I'm lucky that they haven't outright asked for the domain name. Also much bigger sites exist like WTFO.net and WTSO.net that continually upload there own content and have been online for years now.

Any help would be appreciated

Regards
J

 

That's the first time I've heard of them asking for the profits. How would they even determine that??

 

You have to do all three points on that list. There's no doubt that FOX broadcasting has an international trademark, so being in another country won't help.

It baffles me why anyone would 1) create a domain name with a registered trademark in it, and 2) do it for a high profile TV show that is BOUND to get noticed by a lawyer!!

 

I understand but were not the only ones:
http://www.google.co.uk/search?&q=watch+family+guy

 

Pointing the finger at everyone else doesn't lessen your own responsibility though.

Its the same as getting caught for speeding and you say "but officer, everyone else ahead of me was speeding too!"...it may be true but you still have to pay the fine.

 

It is copyright infringement so best to shut the site down and move on to a new venture. If you do that I doubt that they will come after you for monetary damages - but if you keep it up they could shut you down, at no cost to themselves, by filing DMCA notices with your web host, your registrar (GoDdaddy?), your advertisers, and with Google (get you de-indexed).

 

I'm wondering of how much they stated is true. Judging from this paragraph:

It looks like they believe were hosting the copyrighted content on our server which we aren't. Our URLs are encoded and the original source of the video is hidden. Surely this would lessen there claim if it were not true. Not that I'd fight them over it but I'm considering just ignoring this email and see what else is sent.

 

Your domain is trademark infringement and can be taken regardless of where you live or where it is hosted.

Your content is copyright infringement. Moving it offshore means a DMCA isn't valid, so they would just sue you for damages, including all revenue the site has every generated.

It would seem they have very strong legal claims and have the money to pursue you in court. I would immediately remove the content and abandon the domain. You are potentially looking at huge legal judgment that can follow you for life if you don't have the means to currently pay it.

As others have posted, the fact that others are guilty isn't a legal defense and won't do anything to help you case.

The cost to defend yourself in a trademark infringement lawsuit would run over a hundred thousand dollars. If you lose (and you would) you could be ordered to pay treble their legal fees in addition to your own. You would have damages on top of that. If you aren't going to take down the site, you should immediately hire an attorney. They do not have to contact you again before serving you with a lawsuit.

 

I've got this letter.. this is the end for that site..

Shut it down FOX will go further with it.. don't drag other sites into your petty claim.


But feel free not to take my advice.. I'm not the one losing 17+million

 

Many jurisdictions will hold you liable for contributory copyright infringement. That means if you know of the infringement, and you encourage or assist in the infringement, liability is imposed on you regardless of who is actually hosting the infringing material. Encouraging people to go to infringing websites by posting the links to them would seem to make you liable for something.

Also, I would think that the image in the top right corner of your home page is copyrighted, as well as each of the cartoon characters being trademarked.

You should contact a lawyer now and retain them to represent you. If it's a UK server, you will want to contact a UK intellectual property lawyer, as well as a US intellectual property lawyer since the notice refers to US copyright law.

Simply ignoring the e-mail is probably not a good choice.

 

Joe you run both previously mentioned sites so I can understand why you wouldn't want to be dragged in to the claim. If you got this letter then why are both of your sites still online?

Thanks for the reply though

 

I would say keep the Site up and make them take it down if they want gone so bad, and collect the advertising revenue until they do so. Also Delete the Emails and act like you never got them. or if you want you can stick them in a Legal complaints sections laughing at them like the piratebay owners do.

 

That's really STUPID advice.

 

can i bang my head against the wall ???

as mjewel has already pointed this is trademark infringement plus also a copy right issue , am all for TPB crew in fact one off their fore most supporters but this a totally different issue. the op is hosting form U.K and living there also , it won't take long for FOX to take action on both counts on him.

am all for sharing but without profit to yourself and to some extent that saves you legally as in the case of TPB , despite of what MAFIAA says those guys don't make any money of the site. it's a indexing service none of the files are hosted , just like google which infact is the largest torrent index without even having a tracker of their own.

but here all is this=0 , wrong place , wrong motives. i would really take the advice given above, hire a legal rep , take the content down ASAP. and don't ignore the mail on this one, try to buy some time and put things right for yourself.

 

If you choose to do that, you should remember that the Pirate Bay owners have spent a lot of time and money in the courts and they currently have a multi-million dollar judgment against them that they may or may not be able to get overturned on appeal. Awesome, right?

 

Yea but they don't have to pay it you know what I mean.
I Support Pirates since I am one myself. I have Hundreds of DVD's and the only $$ I spent was on the blank Dvd's. By doing what the piratebay does and other sites like it do it goes to show the movie industry and copyright holders that there is no way to 'stop' people from taking there work without paying.

 

Force Fox to spend time and money to take the website down, and keep collecting ad revenue? Yeah, great idea. Just keep increasing the costs and damages that can be claimed.

 

simple ..

Get another domain without the trademark and divert the traffic from that to that one then get rid of the first domain.

You are not hosting or uploading then its fine !

Also your disclaimer of that notice should have been showing on the site.

Peace.

 

They quite get it, actually. They just insist on making their point like you do,
and some have paid a heavy price despite their paying a heavy cost.

If ever (knock on wood) you get caught and held liable, hopefully you'll share
your story here. Not that people are expecting that, anyway.

 

I have gotten caught but all I did was receive threats in the mail to stop and my ISP bitched at me.

I wouldn't pay anyways.. Or show up for court for that matter.

I know I most likely have warrants out for my arrest for not showing up to court in the past but that was for a UK court and I live in the US. I don't think that matters over here.