Quote:
Originally Posted by gamelinkjeff
Incorrect! If you are using a domain for any adult related kinda site you are infringing on their turf. If you are selling sewing kits or baby bottles you are probably ok.
I remember when if you had any infringing domains of playboy's you wouldnt even get a nice letter offering you money. Just a letter that states give us our domain or get sued. lol
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Not so... Kick Ass Pictures came after us for running MGP's on KickAssGalleries.com and KickAssPornstars.com, loooong story short, they lost.
I like the guys at Kink so this isn't directed at them, it's just a fact in the world of domains... Infringing domains litigation doesn't go to court, so threatening "legal action" is a scare tactic. The only way to get a domain from someone infringing on a trademark is opening up an ICAAN arbitration case. Doing this costs the company/individual to file, it was $1600 many years ago, not sure what it is now and to defend yourself it's free.
When you add up the cost of the lawyer to draw up their case and the ICAAN fee's it's probably a $5k ordeal to get that domain should they win.
I'm sure if you are ripping off a site and content as in the brazzers.to case you will get sued and it will go to court. But having a domain with a trademark in it and not infriging on copyright is handled by ICAAN.