Should i take down my site? - GoFuckYourself.com

Godsmack · 06-28-2011, 03:13 PM

Hello,

We are in receipt of complaint regarding probable trade mark infringement for gayflickr.com , of which you are the registered owner. As a valued customer and the registered owner of the domain, and per Namecheap Registration Agreement and WhoisGuard Service Agreement, we are forwarding you the above mentioned email so that you can address this matter. We cannot advise you as to what action to take, but we strongly urge you to review the email quoted below and/or attached PDF document and recommend contacting the complainant to resolve this matter.

******

Dear Sir or Madam:

This letter is being written to you on behalf of Yahoo! Inc. (?Yahoo!?). Yahoo! is the exclusive owner of all trademark and other intellectual property rights in and to the FLICKR trademark (the ?Trademarks?), including the stylized FLICKR logo. Yahoo! owns trademark registrations for the Trademarks. Yahoo! uses the Trademarks in connection with, among other things, its search engine services and online messenger services, and these marks have become firmly associated with Yahoo! in the minds of the public. Based on the foregoing rights, it is a violation of federal and state law for others to advertise, utilize, offer for sale, and/or engage in services in connection with the Trademarks without the express written permission of Yahoo!.

It has come to our attention that you have registered the below listed domain name(s) and are operating an active website at such domain name(s) :

gayflickr.com

Your selection and use of the aforementioned domain name(s) creates the impression that your website is an authentic Yahoo! website, when in fact it is not. The Yahoo! name and mark is fanciful and strong and entitled to a broad scope of protection. There is no other reason for registering a domain name incorporating the Trademarks other than to trade off the established goodwill in the famous name and mark YAHOO!. Consumers are likely to be confused that the domain(s) is somehow associated with or sponsored by Yahoo! when it is not.

Your use and registration of the famous YAHOO! name and mark constitutes counterfeiting as well as infringement of Yahoo!?s trademark and service mark rights in violation of the Federal Trademark Act, 15 U.S.C. § 1051 et seq. and constitutes common law trademark infringement and unfair competition under state law. Your actions are also in violation of the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d). Accordingly, you may be liable for up to $100,000 per domain name registered.

We therefore demand that you immediately cease and desist from infringing Yahoo!?s intellectual property. To that end, you must:

1. Immediately deactivate the website located at:

gayflickr.com

2. Immediately take all necessary steps to transfer to Yahoo! the above domain name(s), including:
(a) Unlocking the domain name(s);
(b) Providing us with the authorization code for the domain name(s); and
(c) Subsequently executing any emails or other documents to effectuate the transfer.

3. Immediately cease using the famous name and mark YAHOO! and any other intellectual property
owned by Yahoo! or any other intellectual property confusingly similar thereto on any other Internet web sites that you run, or otherwise in connection with your activities.

The demands herein are not made to the exclusion of other rights or remedies to which Yahoo! is entitled, and nothing in this letter, nor any act or omission by Yahoo!, shall limit those rights or remedies, all of which are expressly reserved.

Very truly yours,

Global Brand Protection, Yahoo! Inc.

Chosen · 06-28-2011, 03:27 PM

Do you really need an advice on that?

VHNet · 06-28-2011, 03:29 PM

You can fight it, but they have more money than you do.

I did this for 300+ domains that I owned MISSPELLINGS of (not even containing the brand names in ANY of them), cost me a few thousand, and I lost anyway.

They USUALLY go to arbitration.

If you try to ask for money, their lawyers consider it "extortion" and use it against you.

Your call, but the road to keeping it is a very long one.

porno jew · 06-28-2011, 03:29 PM

just ignore it

i have gaypornmakesmeyahoo.com for sale pm me.

Inter-Sex · 06-28-2011, 03:45 PM

Quote:

Accordingly, you may be liable for up to $100,000 per domain name registered.

There is at least one gfy member that thinks "eh they offer me to buy it out for 100k"

Just Alex · 06-28-2011, 03:47 PM

Makes no difference if you take it down or they will do it for you.

alias · 06-28-2011, 03:47 PM

Yes, you knew that this day might very well come when you registered the domain name.

Platinumpimp · 06-28-2011, 03:49 PM

Quote:

Originally Posted by VHNet

You can fight it, but they have more money than you do.

I did this for 300+ domains that I owned MISSPELLINGS of (not even containing the brand names in ANY of them), cost me a few thousand, and I lost anyway.

They USUALLY go to arbitration.

If you try to ask for money, their lawyers consider it "extortion" and use it against you.

Your call, but the road to keeping it is a very long one.

Fuck em dude, they got nothing against a jew Dutch ginger like you.

DigitalTheory · 06-28-2011, 03:50 PM

Didn't you ask this recently?

Platinumpimp · 06-28-2011, 03:50 PM

Quote:

Originally Posted by porno jew

just ignore it

i have gaypornmakesmeyahoo.com for sale pm me.

Atta boy.

Did you know they are making a new law in regards to seremonial butchering here you Jewish cunt? I better suggest to shut to fuck up or volunteer your big ass for butchering. I am sure a healthy Jewish meal would last for a week on your fat ass.

Platinumpimp · 06-28-2011, 03:53 PM

Quote:

Originally Posted by DigitalTheory

Didn't you ask this recently?

Yahoocansuckmyballs.com is still free for registration, who's at it while it lasts.

06-28-2011, 04:13 PM

give it up!

AnimeFevers · 06-28-2011, 04:14 PM

Yes and I didn't even have to read the thread.

MediaGuy · 06-28-2011, 04:47 PM

Yahoo! owns Flickr, really? :P

Offer to sell it to them, register GayFlicker, and have them park gayflickr on your affiliate program since they'll never develop it...

I dunno...

marlboroack · 06-28-2011, 04:49 PM

No, give it to me. I'll set things straight.

icymelon · 06-28-2011, 05:10 PM

I had a domain that stub hub sent me a trademark email. the thing that bothered me was that it was something s tubehub.com dont remember the first word but it ended with an s. and there was an E in there. but I just deleted the domain from godaddy and never responded. it was a week old anyway.

brassmonkey · 06-28-2011, 05:16 PM

take it down damn that gay banner is in the footer

boyfriend bucks

Lace · 06-28-2011, 05:24 PM

Wasn't there another thread like this about flickr a few days ago?

V_RocKs · 06-28-2011, 05:30 PM

Using such a large companies name in such a way is just asking for trouble.

NemesisEnforcer · 06-28-2011, 05:48 PM

Quote:

Originally Posted by Lace

Wasn't there another thread like this about flickr a few days ago?

Yes ... https://gfy.com/showthread.php?t=1027013

CYF · 06-28-2011, 08:41 PM

give them the domain, you're infringing the flickr trademark.

mromro · 06-28-2011, 08:55 PM

I got the same email last week. I took the site down but now that I think about it I don't know if this is legit.

GAMEFINEST · 06-28-2011, 08:58 PM

that is a yes

Adam_M · 06-28-2011, 09:09 PM

No, fight them over it and keep us posted on how it all goes for you

Pornopat · 06-29-2011, 02:37 AM

A lawsuit to get this domain from you will cost them about 5k.
So offer it to them for 2500$

DamianJ · 06-29-2011, 02:49 AM

give it to them and launch gaymcdonalds.com gaymacbookpro.com and gaynike.com

Seth Manson · 06-29-2011, 03:07 AM

boogerflickr.com is available

Nicky · 06-29-2011, 03:51 AM

Quote:

Originally Posted by Pornopat

A lawsuit to get this domain from you will cost them about 5k.
So offer it to them for 2500$

Something tells me they would rather pay $10k in legal fee's than give anyone 2,5k for such a domain.

DWB · 06-29-2011, 04:11 AM

Unless you're making a killing with that site and have deep pockets, give it to them.

Pornopat · 06-29-2011, 04:42 AM

Quote:

Originally Posted by Nicky

Something tells me they would rather pay $10k in legal fee's than give anyone 2,5k for such a domain.

Most likely you are right. But if you are wrong it wil cost 2.5 k.

mromro · 06-29-2011, 06:17 AM

It's a good scam to get peoples sites. Send them an email about trademark violations, they get scared and send you an established site for free.

A url could be a company name or a way to tell what a site is about. U are not trying to be flickr u are just saying what the site is about. This letter is just to scare u and get your site. They had every opportunity to buy the url like u did but didn't.

good examples are any sites like mcdonaldssucks.com
according to this guys argument you couldn't ebven have a site with a town name in it because they are all incorporated. newyorkreviews or bigapplenews or a person like barackobamasucks.com

GTS Mark · 06-29-2011, 07:09 AM

If you're making $25,000 a month on the site and it only costs you $24,000 in legal fees to keep fighting it, than keep doing what you are doing.

Mastercard came after me almost 8 years ago for a website i owned that used "priceless" pictures. I was making $5,000 a month on the site and was only spending about $2-3,000 a month on legal to keep mastercard at bay. In the end it was worth the fight to keep it and Mastercard actually backed off. (yep the little guy can win!)

However if this is a new site and you're not making one lick of revenue yet i would suggest you drop this one and move onto another project. It's not good to start a new project with this kind of black cloud looming over your head at the beginning of it ;-)

potter · 06-29-2011, 07:09 AM

I love how people in this business (or at least on GFY) are so quick to say "fuck trademarks". Like it's bad to steal content, and tubes suck -- but for whatever reason trademarks are free reign. Yeah! Fuck Yahoo! Fuck their property! Trademarks aren't stealing to us!

You people are idiots by the way.

Phoenix · 06-29-2011, 07:12 AM

flickr is a made up word it is very specific to them
i dont think you would win

u-Bob · 06-29-2011, 07:56 AM

Depends on how much money the site is making you....

mromro · 06-29-2011, 08:07 AM

I'm sure master card didn't send u a cut and paste email.

I'm gonna send out a few of these emails and see how many free domains I can pick up!
one thing I'll ad to the email is an easy link to click here for easy domain transfer. $$$$

mromro · 06-29-2011, 09:54 PM

I guess I ended the convo with simple logic.

Diomed · 06-29-2011, 10:07 PM

You can do whatever you want,

but they will simply take it down one day soon regardless of your permission.

SmokeyTheBear · 06-29-2011, 10:17 PM

Quote:

Originally Posted by potter

I love how people in this business (or at least on GFY) are so quick to say "fuck trademarks".

looks like only 2 people in the history of gfy have said that.. so much for your theory

Quote:

Originally Posted by potter

You people are idiots by the way.

you are the only one whining about it

http://www.facebook.com/people/Yu-Pe...00000901444190

06-28-2011, 03:13 PM	#1
Godsmack Confirmed User Industry Role: Join Date: Apr 2004 Location: The Netherlands Posts: 4,525	Should i take down my site? Hello, We are in receipt of complaint regarding probable trade mark infringement for gayflickr.com , of which you are the registered owner. As a valued customer and the registered owner of the domain, and per Namecheap Registration Agreement and WhoisGuard Service Agreement, we are forwarding you the above mentioned email so that you can address this matter. We cannot advise you as to what action to take, but we strongly urge you to review the email quoted below and/or attached PDF document and recommend contacting the complainant to resolve this matter. **** Dear Sir or Madam: This letter is being written to you on behalf of Yahoo! Inc. (?Yahoo!?). Yahoo! is the exclusive owner of all trademark and other intellectual property rights in and to the FLICKR trademark (the ?Trademarks?), including the stylized FLICKR logo. Yahoo! owns trademark registrations for the Trademarks. Yahoo! uses the Trademarks in connection with, among other things, its search engine services and online messenger services, and these marks have become firmly associated with Yahoo! in the minds of the public. Based on the foregoing rights, it is a violation of federal and state law for others to advertise, utilize, offer for sale, and/or engage in services in connection with the Trademarks without the express written permission of Yahoo!. It has come to our attention that you have registered the below listed domain name(s) and are operating an active website at such domain name(s) : gayflickr.com Your selection and use of the aforementioned domain name(s) creates the impression that your website is an authentic Yahoo! website, when in fact it is not. The Yahoo! name and mark is fanciful and strong and entitled to a broad scope of protection. There is no other reason for registering a domain name incorporating the Trademarks other than to trade off the established goodwill in the famous name and mark YAHOO!. Consumers are likely to be confused that the domain(s) is somehow associated with or sponsored by Yahoo! when it is not. Your use and registration of the famous YAHOO! name and mark constitutes counterfeiting as well as infringement of Yahoo!?s trademark and service mark rights in violation of the Federal Trademark Act, 15 U.S.C. § 1051 et seq. and constitutes common law trademark infringement and unfair competition under state law. Your actions are also in violation of the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d). Accordingly, you may be liable for up to $100,000 per domain name registered. We therefore demand that you immediately cease and desist from infringing Yahoo!?s intellectual property. To that end, you must: 1. Immediately deactivate the website located at: gayflickr.com 2. Immediately take all necessary steps to transfer to Yahoo! the above domain name(s), including: (a) Unlocking the domain name(s); (b) Providing us with the authorization code for the domain name(s); and (c) Subsequently executing any emails or other documents to effectuate the transfer. 3. Immediately cease using the famous name and mark YAHOO! and any other intellectual property owned by Yahoo! or any other intellectual property confusingly similar thereto on any other Internet web sites that you run, or otherwise in connection with your activities. The demands herein are not made to the exclusion of other rights or remedies to which Yahoo! is entitled, and nothing in this letter, nor any act or omission by Yahoo!, shall limit those rights or remedies, all of which are expressly reserved. Very truly yours, Global Brand Protection, Yahoo! Inc. __________________ Download the much improved Free Tube Script adult/mainstream tube solution for FREE**!

06-28-2011, 03:29 PM	#3
VHNet Confirmed User Industry Role: Join Date: May 2005 Location: Chicago Posts: 386	You can fight it, but they have more money than you do. I did this for 300+ domains that I owned MISSPELLINGS of (not even containing the brand names in ANY of them), cost me a few thousand, and I lost anyway. They USUALLY go to arbitration. If you try to ask for money, their lawyers consider it "extortion" and use it against you. Your call, but the road to keeping it is a very long one. __________________ Bringing mainstream marketing to the Adult Industry ICQ: 221976033

06-28-2011, 03:47 PM	#6
Just Alex Liv Benson to You, Bitch Industry Role: Join Date: Aug 2007 Location: Maryland and WV Posts: 6,060	Makes no difference if you take it down or they will do it for you. __________________

06-28-2011, 03:47 PM	#7
alias aliasx Join Date: Apr 2001 Posts: 19,010	Yes, you knew that this day might very well come when you registered the domain name. __________________ https://porncorporation.com

06-28-2011, 04:14 PM	#13
AnimeFevers ♫ ♪ ♫ ♪ ▄ █ ▄ █ ▄ ▄ █ ▄ █ Industry Role: Join Date: Apr 2009 Location: Tell your mom, money is on the fridge Posts: 3,558	Yes and I didn't even have to read the thread. __________________ icq - 556766871 email - animefevers(AT)hotmail(DOT)co(DOT)uk

06-28-2011, 03:27 PM	#2
Chosen VIPPay.com \| AdultWebSponsors.com Industry Role: Join Date: Aug 2001 Posts: 63,151	Do you really need an advice on that?

06-28-2011, 03:29 PM	#4
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	just ignore it i have gaypornmakesmeyahoo.com for sale pm me.

06-28-2011, 03:50 PM	#9
DigitalTheory ^-^ Industry Role: Join Date: Jul 2007 Location: SacTown Posts: 1,055	Didn't you ask this recently?

06-28-2011, 04:13 PM	#12
Altwebdesign Guest Posts: n/a	give it up!

06-28-2011, 04:47 PM	#14
MediaGuy Confirmed User Industry Role: Join Date: Sep 2004 Location: Montrealquebecanada Posts: 5,500	Yahoo! owns Flickr, really? :P Offer to sell it to them, register GayFlicker, and have them park gayflickr on your affiliate program since they'll never develop it... I dunno... __________________ YOU Are Industry News! Press Releases: pr[at]payoutmag.com Facebook: Payout Magazine! Facebook: MIKEB! ICQ: 248843947 Skype: Mediaguy1

06-28-2011, 04:49 PM	#15
marlboroack So Fucking Banned Industry Role: Join Date: Jul 2010 Location: ☣ Posts: 9,327	No, give it to me. I'll set things straight.

06-28-2011, 05:10 PM	#16
icymelon Confirmed User Industry Role: Join Date: Dec 2007 Location: Las Vegas Posts: 3,220	I had a domain that stub hub sent me a trademark email. the thing that bothered me was that it was something s tubehub.com dont remember the first word but it ended with an s. and there was an E in there. but I just deleted the domain from godaddy and never responded. it was a week old anyway. __________________ Network Of Adult Blogs With Hardlink Rentals Available

06-28-2011, 05:16 PM	#17
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 76,899	take it down damn that gay banner is in the footer boyfriend bucks __________________ TRUMP 2025 KEKAW!!! - Support The Laken Riley Act!!! END DACA - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

06-28-2011, 05:24 PM	#18
Lace Too lazy to set a custom title Industry Role: Join Date: Mar 2004 Posts: 16,116	Wasn't there another thread like this about flickr a few days ago? __________________ Your Paysite Partner Strength In Numbers! StickyDollars \| RadicalCash \| KennysPennies \| HomegrownCash

06-28-2011, 05:30 PM	#19
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,391	Using such a large companies name in such a way is just asking for trouble.

06-28-2011, 08:41 PM	#21
CYF Coupon Guru Industry Role: Join Date: Mar 2009 Location: Minneapolis Posts: 10,973	give them the domain, you're infringing the flickr trademark. __________________ Webmaster Coupons Coupons and discounts for hosting, domains, SSL Certs, and more! AmeriNOC Coupons \| Certified Hosting Coupons \| Hosting Coupons \| Domain Name Coupons

06-28-2011, 08:55 PM	#22
mromro So Fucking Banned Industry Role: Join Date: Jan 2011 Posts: 770	I got the same email last week. I took the site down but now that I think about it I don't know if this is legit.

06-28-2011, 08:58 PM	#23
GAMEFINEST Make STACK$ Industry Role: Join Date: Nov 2006 Location: sexy time Posts: 14,418	that is a yes __________________ Compound interest.

06-28-2011, 09:09 PM	#24
Adam_M Confirmed User Industry Role: Join Date: Mar 2006 Location: Australia Posts: 3,796	No, fight them over it and keep us posted on how it all goes for you __________________ DiscountedPorn.Com ReviewedPorn.com

06-29-2011, 02:37 AM	#25
Pornopat AdultTubeSubmits.com Industry Role: Join Date: Dec 2003 Location: The Netherlands Posts: 10,598	A lawsuit to get this domain from you will cost them about 5k. So offer it to them for 2500$ __________________ https://stripcash.com/sign-up/?userI...fff832eb95ab6a

06-29-2011, 02:49 AM	#26
DamianJ Too lazy to set a custom title Industry Role: Join Date: Jul 2006 Location: A magical land Posts: 15,808	give it to them and launch gaymcdonalds.com gaymacbookpro.com and gaynike.com

06-29-2011, 03:07 AM	#27
Seth Manson Please dont fuck animals Industry Role: Join Date: Jul 2010 Location: Henderson, NV Posts: 3,988	boogerflickr.com is available __________________

06-29-2011, 04:11 AM	#29
DWB Registered User Industry Role: Join Date: Jul 2003 Location: Encrypted. Access denied. Posts: 31,779	Unless you're making a killing with that site and have deep pockets, give it to them.

06-29-2011, 06:17 AM	#31
mromro So Fucking Banned Industry Role: Join Date: Jan 2011 Posts: 770	It's a good scam to get peoples sites. Send them an email about trademark violations, they get scared and send you an established site for free. A url could be a company name or a way to tell what a site is about. U are not trying to be flickr u are just saying what the site is about. This letter is just to scare u and get your site. They had every opportunity to buy the url like u did but didn't. good examples are any sites like mcdonaldssucks.com according to this guys argument you couldn't ebven have a site with a town name in it because they are all incorporated. newyorkreviews or bigapplenews or a person like barackobamasucks.com

06-29-2011, 07:09 AM	#32
GTS Mark Formerly known as DH! :) Join Date: Jan 2001 Location: Toronto, Canada Posts: 20,911	If you're making $25,000 a month on the site and it only costs you $24,000 in legal fees to keep fighting it, than keep doing what you are doing. Mastercard came after me almost 8 years ago for a website i owned that used "priceless" pictures. I was making $5,000 a month on the site and was only spending about $2-3,000 a month on legal to keep mastercard at bay. In the end it was worth the fight to keep it and Mastercard actually backed off. (yep the little guy can win!) However if this is a new site and you're not making one lick of revenue yet i would suggest you drop this one and move onto another project. It's not good to start a new project with this kind of black cloud looming over your head at the beginning of it ;-) __________________ Looking For Gay, Dating, Mobile, Banner, Hardlinks, IM Ads Or Popunder Traffic? ICQ 5191566 / E-mail: [email protected] Follow Us On Twitter. Also Sign Up For Our Newsletter For Updated Weekly Traffic Inventory

06-29-2011, 07:09 AM	#33
potter Confirmed User Industry Role: Join Date: Dec 2004 Location: Denver Posts: 6,559	I love how people in this business (or at least on GFY) are so quick to say "fuck trademarks". Like it's bad to steal content, and tubes suck -- but for whatever reason trademarks are free reign. Yeah! Fuck Yahoo! Fuck their property! Trademarks aren't stealing to us! You people are idiots by the way. __________________

06-29-2011, 07:12 AM	#34
Phoenix BACON BACON BACON Industry Role: Join Date: Nov 2002 Location: Poems everybody, the laddie fancies himself a poet Posts: 35,457	flickr is a made up word it is very specific to them i dont think you would win __________________ Skype Phoenixskype1 Telegram PhoenixBrad https://quantads.io

06-29-2011, 07:56 AM	#35
u-Bob there's no $$$ in porn Industry Role: Join Date: Jul 2005 Location: icq: 195./568.-230 (btw: not getting offline msgs) Posts: 33,063	Depends on how much money the site is making you....

06-29-2011, 08:07 AM	#36
mromro So Fucking Banned Industry Role: Join Date: Jan 2011 Posts: 770	I'm sure master card didn't send u a cut and paste email. I'm gonna send out a few of these emails and see how many free domains I can pick up! one thing I'll ad to the email is an easy link to click here for easy domain transfer. $$$$

06-29-2011, 09:54 PM	#37
mromro So Fucking Banned Industry Role: Join Date: Jan 2011 Posts: 770	I guess I ended the convo with simple logic.

06-29-2011, 10:07 PM	#38
Diomed Converting like it's 1999 Industry Role: Join Date: Jan 2009 Location: The South Posts: 6,165	You can do whatever you want, but they will simply take it down one day soon regardless of your permission. __________________ 10 years of experience in: CHAT SALES - PAID TRAFFIC - CONVERSION - CREATIVES - CONSULTATION