eHarmony suing me for owning Pornharmony.com

[wankawonk]

Typical shit---copyright infringement, I'm profiting unfairly by using their name (fuck off, I'm an SEO expert, motherfucker), etc.

They want my domain within two weeks for free.

What do you guys think, do they have a case? Should I roll over?

[Oracle Porn]

ofcourse they don't have a case, I am no lawyer though, but they can always try to ask you for the domain for whatever reason they feel like, and its up to you if you want to hand it over or not.

[k0nr4d]

Probably no case but you might have to spend several thousands of dollars fighting them if they decide to go to court. Maybe have a lawyer write a response letter, might cost you a couple hundred bucks and they'll fuck off.

[bns666]

i wouldn't give it to them for free.

they can't do shit about it, there are many other domains with word harmony, will they sue everybody?

[Phoenix]

ask them to show you how pron is connected to their dating site.

[jscott]

that is so fucked. So by this they seem to claim rights to anythingharmony, fuck them

[BlackCrayon]

unless you are making a lot of money with it just delete the domain and its no longer your problem.

[wehateporn]

Tell them that you've just sold it to one of these guys:-

https://www.myharmony.com/

https://www.harmonystore.co.uk/

Harmony - Integrated Security Alliance | Texecom | TDSI | GJD | Elmdene |

Living With Harmony: Music Therapy in Winchester, Hampshire

[Klen]

According to this: https://search.uspto.gov/search?affi...&query=harmony
they have no trademark on it, so you can tell them to fuck off.

[Barry-xlovecam]

301 redirect domain -- good luck to the winner

[onwebcam]

No case.

[pimpmaster9000]

Trade mark trolling...

[ErectMedia]

John Berryhill
Law Offices of Howard Neu - Internet and URL Law, corporate litigation, appelate law, Florida
https://www.traverselegal.com
David E. Weslow | IP Lawyer | Trademarks, Copyrights, Domain Names
ESQwire.com - The Domain Name Law Firm of Ari Goldberger
http://karenbernsteinlaw.com
http://www.aplegal.com/
http://renovaltd.com/
http://www.ilawco.com
http://www.mjrpa.com

[pornlaw]

This is a money question not whether they have an actual case of TM infringement. I dont see them filing a TM infringement case.

What they probably will do if you dont respond is they will spend $2000 and get a UDRP action filed. If you dont respond to the UDRP action you will lose the domain.

I believe that if you do spend the money to respond you can actually keep the domain, but it depends on what you have done with the domain. Now it redirects to a tube. Was it used for a dating site at some point? Was it redirecting to a dating site ? Did they try to buy it from you and you demanded $5000 to sell it to them?

There's an analysis that is required that cant be made based on what you have shared and you shouldnt share on a public forum.

So if you want to keep it your going to need to at least respond to the UDRP when it gets filed. You can do it yourself or you can hire an attorney. Its not difficult to respond to a UDRP and its not expensive but the question is what is the domain worth to you.

[OneHungLo]

Dude, give it up. You don't want to fight eHarmony in a lawsuit.

[Klen]

Originally Posted by crucifissio

Trade mark trolling...

But they dont have trademark

[Klen]

Originally Posted by pornlaw

This is a money question not whether they have an actual case of TM infringement. I dont see them filing a TM infringement case.

What they probably will do if you dont respond is they will spend $2000 and get a UDRP action filed. If you dont respond to the UDRP action you will lose the domain.

I believe that if you do spend the money to respond you can actually keep the domain, but it depends on what you have done with the domain. Now it redirects to a tube. Was it used for a dating site at some point? Was it redirecting to a dating site ? Did they try to buy it from you and you demanded $5000 to sell it to them?

There's an analysis that is required that cant be made based on what you have shared and you shouldnt share on a public forum.

So if you want to keep it your going to need to at least respond to the UDRP when it gets filed. You can do it yourself or you can hire an attorney. Its not difficult to respond to a UDRP and its not expensive but the question is what is the domain worth to you.

OP post kind a sound more like they send him just e-mail then UDRP, but again he didn't specified method of receiving this information.

[CrazyMartin]

nobody can register trademark for word harmony

this case is mega bullshit

[NatalieK]

Originally Posted by wehateporn

Tell them that you've just sold it to one of these guys:-

https://www.myharmony.com/

https://www.harmonystore.co.uk/

Harmony - Integrated Security Alliance | Texecom | TDSI | GJD | Elmdene |

Living With Harmony: Music Therapy in Winchester, Hampshire

exactly, was about to post the same but see this...

harmonystore, harmony shops have been around since before eharmony...

what cunts, good luck to you

[RedFred]

Originally Posted by CrazyMartin

nobody can register trademark for word harmony

this case is mega bullshit

Of course they can but only if it relates to dating. Ever heard of Apple?

[freecartoonporn]

no case. dont give up, keep fighting.

if you feel down, see my avatar pic, that is my spirit animal.

why are your alexa dropping ?
what went wrong , i guess we exchanged few mails before/

good luck.

[pornlaw]

Originally Posted by KlenTelaris

But they dont have trademark

They have several trademarks for eharmony...

[pornlaw]

Originally Posted by KlenTelaris

OP post kind a sound more like they send him just e-mail then UDRP, but again he didn't specified method of receiving this information.

Thats the bait letter. If you come back and say "sure you can have it - for $5000." That gives them a basis for a bad faith claim under the UDRP rules. Im not saying its bad faith since eharmony and pornharmony are different but it gives them a reason to claim bad faith.

[Klen]

Originally Posted by pornlaw

They have several trademarks for eharmony...

I am sure they do have for eharmony, but we talk about word harmony here, as pornharmony.com does not contain eharmony word.

[Klen]

Originally Posted by pornlaw

Thats the bait letter. If you come back and say "sure you can have it - for $5000." That gives them a basis for a bad faith claim under the UDRP rules. Im not saying its bad faith since eharmony and pornharmony are different but it gives them a reason to claim bad faith.

Yeah they could sue him for cybersquatting

[pornlaw]

Originally Posted by KlenTelaris

I am sure they do have for eharmony, but we talk about word harmony here, as pornharmony.com does not contain eharmony word.

There are over 2000 TMs that have the word harmony in them. Im not about to look through everyone to see who owns what. There are several just on the first page that are live and registered TMs for just for the word harmony... maybe eharmony has one of them maybe they dont. IDK.

[HairyChick]

Copyright infringement and trademark infringement are different things. Copyright means, in layman terms, you copied something they retain copyright to. Any text copied from their site and used by you is subject to the law.

Trademark infringement refers to trademarked marks or images you used without permission. If you used a similar logo they own, with a dating site, they might go after you.

I'm not an attorney nor do I play one online. This was explained to me when I sued years ago. The strongest statement was "they should never ignore a letter from an attorney. If they do, they can be in deep shit with the court."

(Imho, most thieves reside in or host in locations that don't give a damn. Letters to their upstream providers and up can help)

[adultchatpay]

I am sensing Harmoney under way. Good luck!
I can't imagine, they like to monopolize the word "harmony" on the internet.

[2MuchMark]

You should have known this could happen when you registered the domain.

Do this: Decide how much the domain is worth to you. If it's just a name and you spent no time on a website or software for it, it's worth little to you.

Next decide if its worth fighting for. You will have to spend money on a lawyer. Call some lawyers and get some prices. Figure at least a few thousand dollars just to get things started.

Now try to figure out how good the name will be for you down the road. Do you really expect to get alot of customers because of that name? Could brand confusion, SEO techniques or anything else that blurs your name with theirs get you more customers? And if so, will increase legal fighting come too? How much time will you spend fighting when you should be building?

In my opinion its a weak name and not worth your time.

Try this: Tell them you'll settle with them now if they give you a few thousand dollars for it. Pretend you're small, tell them someone else made you an offer, etc etc. Try to make it faster and cheaper for them to pay you for the domain, instead of paying a lawyer to get it. Keep in mind that they probably have lawyers on staff and that legal services are probably already cheap for them. Keep in mind that they may also chase people around like you all the time.

If they won't pay you, just give it to them, and don't waste any more of your time with it.

[pimpmaster9000]

Originally Posted by KlenTelaris

But they dont have trademark

it does not matter, in the USA anybody can sue anybody for anything and the one with no money will lose...

[pornguy]

Originally Posted by pornlaw

There are over 2000 TMs that have the word harmony in them. Im not about to look through everyone to see who owns what. There are several just on the first page that are live and registered TMs for just for the word harmony... maybe eharmony has one of them maybe they dont. IDK.

How about he just starts pushing their site with his domain.

[PaperstreetWinston]

that is so fucked up. Keeping an eye on this thread....

[Barry-xlovecam]

DO NOT ATTEMPT TO EXTORT MONEY for the domain name from the trademark holder -- that becomes evidence of registration in bad faith.

Originally Posted by pornguy

How about he just starts pushing their site with his domain.

That would depend on the company's policy and affiliate program's AUP and TOS contracts.

Surrendering domain ownership by the current Registrant to the Trademark holder in exchange for the surrendering party's good faith management and use, as well as his receiving benefit (revenue share) under the affiliate program, would be a win-win for both parties. IMO

A negotiated settlement is usually better than ending up in a contested action.

[Paul Markham]

Can you afford to defend it in court?

[bronco67]

You know who does this? Companies that aren't doing so well.

Fuck them in the ass.

[TheSquealer]

to every idiot jackoff in this biz.

first... a cease and desist is not a "lawsuit".

second, right or wrong has NOTHING to do with a lawsuit.

it's about money.
it's about a team of in-house attorneys justifying their salary.
it's about what they are willing to spend
it's about what you are willing to spend to fight back

once a complaint is filed, you don't get to just go back to beating off, snorting Doritos and mainlining coca cola while daydreaming about licking and sucking on your favorite anime body pillow. step 2 after them filing and you failing to hire attorneys and respond, is them filing for a summary judgment against you and once they get it, that hangs over your head until satisfied. they will be awarded 6 figures. the bad news is that you're dumb. do the right thing. you'll still be dumb. the difference is that in doing the wrong thing, you'll be dumb as officers of the court come inventory everything you own to be sold off at an auction to satisfy the judgment.

are you prepared to spend 100ik or 200k fighting for an idiotic domain which makes you jack shit, against people who have a legitimate argument?

they threatened me once about a design (i still have the domain and "harmony" in the domain), though it was a parody site. However, it took me all of 30 minutes to change the design to make them go away. that seems to me (a sane, intelligent person) to be a wise move that should require no debate or discussion.

it is 100% unreal how totally idiotic you people are. you are looking down the barrel of the guns of a team of professional killers who now have a contract out on you, and you think this is the perfect time for debate and discussion.

life is not fair you immature twats.

show the maturity in understanding that and stop using a domain that might cost you everything you have to be "right".

fuck me, you people are dumb.

[onwebcam]

Originally Posted by TheSquealer

to every idiot jackoff in this biz.

first... a cease and desist is not a "lawsuit".

second, right or wrong has NOTHING to do with a lawsuit.

it's about money.
it's about a team of in-house attorneys justifying their salary.
it's about what they are willing to spend
it's about what you are willing to spend to fight back

once a complaint is filed, you don't get to just go back to beating off, snorting Doritos and mainlining coca cola while daydreaming about licking and sucking on your favorite anime body pillow. step 2 after them filing and you failing to hire attorneys and respond, is them filing for a summary judgment against you and once they get it, that hangs over your head until satisfied. they will be awarded 6 figures. the bad news is that you're dumb. do the right thing. you'll still be dumb. the difference is that in doing the wrong thing, you'll be dumb as officers of the court come inventory everything you own to be sold off at an auction to satisfy the judgment.

are you prepared to spend 100ik or 200k fighting for an idiotic domain which makes you jack shit, against people who have a legitimate argument?

they threatened me once about a design (i still have the domain and "harmony" in the domain), though it was a parody site. However, it took me all of 30 minutes to change the design to make them go away. that seems to me (a sane, intelligent person) to be a wise move that should require no debate or discussion.

it is 100% unreal how totally idiotic you people are. you are looking down the barrel of the guns of a team of professional killers who now have a contract out on you, and you think this is the perfect time for debate and discussion.

life is not fair you immature twats.

show the maturity in understanding that and stop using a domain that might cost you everything you have to be "right".

fuck me, you people are dumb.

So what you're saying is, is that you are still "using a domain that might cost you everything you have to be "right" ??

[TheSquealer]

Originally Posted by onwebcam

So what you're saying is, is that you are still "using a domain that might cost you everything you have to be "right" ??

they contacted me complaining about design elements of a parody site, not about the domain itself or the name (again, a parody site which i was in no way attempting to monetize). i promptly changed the design to satisfy their concerns.

if they came to me saying "give me the domain or we're suing you"... the correct course of action should be a no-brainer to anyone with an IQ over 12

“who wishes to fight must first count the cost"
Sun Tzu

[Lewis11]

That's crazy. but tell them to show you how both your websites intertwine