What is the general attitude towards affiliates who but domains containing trademark - GoFuckYourself.com

Badmaash · 06-07-2010, 06:28 AM

What is the general attitude towards affiliates who but domains containing trademark by pornstars/porn companies?

So, I know the term "Gina Lynn" is trademarked and if I bought ginalynn(keyword).com would that mean Gina Lynn would come over to my house and suck my cock because I was a naughty boy in exchange for her trademark infringed domain?

BTW - the domain would be to promote the pornstar.

Thanks

Fletch XXX · 06-07-2010, 06:31 AM

fact is most porn companies & actors do not have actual "trademarks"

Badmaash · 06-07-2010, 06:33 AM

So is Gina Lynn not a trademark? It says it is here: http://tess2.uspto.gov/

Barefootsies · 06-07-2010, 06:40 AM

I think from the BROgrams point of view, it varies based on the T.O.S.. Some have clauses your can't do it for their trademarks, and brand names. While others allow it.

BestXXXPorn · 06-07-2010, 06:45 AM

Quote:

Originally Posted by Barefootsies

I think from the BROgrams point of view, it varies based on the T.O.S.. Some have clauses your can't do it for their trademarks, and brand names. While others allow it.

Exactly... and it's not that the affiliates don't have the right to buy domains or use domains which have a mark somewhere in them if they want... However any sponsor can choose not to do business with whomever they want.

TeenCat · 06-07-2010, 06:47 AM

everyone is happy if you are helping to promote them, but if you are better than them so you are taking them more money, they will go after you with anything that will get them the money back ... sad it is i say

Badmaash · 06-07-2010, 06:48 AM

Quote:

Originally Posted by BestXXXPorn

Exactly... and it's not that the affiliates don't have the right to buy domains or use domains which have a mark somewhere in them if they want... However any sponsor can choose not to do business with whomever they want.

Oh is that it, I thought they would take you to court or something..... so if I live in Amsterdam they would pay for my business class flight ticket to attend an American court, lol!

SO they just do not do business with you... oh cool.

So if this is viewed as a crime it seems its not as bad as Marc Emery selling pot seeds t the US so its not like I will be extradited for using a trademared infringed domain

spazlabz · 06-07-2010, 06:52 AM

if the site in question is promoting MY sites then my own personal opinion of it is GREAT! They are helping me brand and making more sales for themselves and us. The key thing is that they are using OUR BRAND to promote OUR SITES. But if they are using it to get the SEO and sending that traffic to someone else then there is obviously a problem

Rochard · 06-07-2010, 06:53 AM

I do solo girl blogs left and right, and in the past I've made it a point to ask the company before hand if it's okay. Not one company has said no to me. After fifty blogs I've stopped asking.

czarina · 06-07-2010, 06:54 AM

if you're promoting her, I dont see the problem

rowan · 06-07-2010, 07:17 AM

If it's really a trademark then they need to protect it, otherwise any action against a genuine infringement is going to be very difficult (imagine 100 domains with 100 different owners - that shows the company is not protecting their mark.)

A large program went through this issue several years ago. The solution was to ask affiliates to transfer ownership of the domains to them, but apart from that affiliates still controlled the hosting and content.

Badmaash · 06-07-2010, 07:22 AM

Quote:

Originally Posted by rowan

If it's really a trademark then they need to protect it, otherwise any action against a genuine infringement is going to be very difficult (imagine 100 domains with 100 different owners - that shows the company is not protecting their mark.)

A large program went through this issue several years ago. The solution was to ask affiliates to transfer ownership of the domains to them, but apart from that affiliates still controlled the hosting and content.

Or you could just take their content down and then promote say tooth paste since then their trademark would not then be valid since it only covers that adult entertainment side of things.

rowan · 06-07-2010, 08:31 AM

Quote:

Originally Posted by Badmaash

Or you could just take their content down and then promote say tooth paste since then their trademark would not then be valid since it only covers that adult entertainment side of things.

So what's more important, keeping the domain, or making $ from the sponsor?

woj · 06-07-2010, 08:51 AM

Quote:

Originally Posted by Badmaash

Oh is that it, I thought they would take you to court or something..... so if I live in Amsterdam they would pay for my business class flight ticket to attend an American court, lol!

SO they just do not do business with you... oh cool.

So if this is viewed as a crime it seems its not as bad as Marc Emery selling pot seeds t the US so its not like I will be extradited for using a trademared infringed domain

as long as you are promoting the sponsor who owns the trademark, you should be fine, if they don't like it, they will just
a. stop paying you
b. take the domain away from you through ICANN...

IllTestYourGirls · 06-07-2010, 09:05 AM

Most allow it, but just remember there is a chance they may not allow it in the future and start taking the domains.

06-07-2010, 06:28 AM	#1
Badmaash Confirmed User Join Date: Jan 2007 Posts: 2,695	What is the general attitude towards affiliates who but domains containing trademark What is the general attitude towards affiliates who but domains containing trademark by pornstars/porn companies? So, I know the term "Gina Lynn" is trademarked and if I bought ginalynn(keyword).com would that mean Gina Lynn would come over to my house and suck my cock because I was a naughty boy in exchange for her trademark infringed domain? BTW - the domain would be to promote the pornstar. Thanks __________________ best cbd oil uk - Hit me up on ICQ 400607632

06-07-2010, 06:31 AM	#2
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	fact is most porn companies & actors do not have actual "trademarks" __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

06-07-2010, 06:33 AM	#3
Badmaash Confirmed User Join Date: Jan 2007 Posts: 2,695	So is Gina Lynn not a trademark? It says it is here: http://tess2.uspto.gov/ __________________ best cbd oil uk - Hit me up on ICQ 400607632

06-07-2010, 06:40 AM	#4
Barefootsies Choice is an Illusion Industry Role: Join Date: Feb 2005 Location: Land of Obama Posts: 42,635	I think from the BROgrams point of view, it varies based on the T.O.S.. Some have clauses your can't do it for their trademarks, and brand names. While others allow it. __________________ Should You Email Your Members? Link1 \| Link2 \| Link3 Enough Said. "Would you rather live like a king for a year or like a prince forever?"

06-07-2010, 06:47 AM	#6
TeenCat Too lazy to set a koala Industry Role: Join Date: Jan 2007 Location: CZ/EU forever! Posts: 16,139	everyone is happy if you are helping to promote them, but if you are better than them so you are taking them more money, they will go after you with anything that will get them the money back ... sad it is i say __________________ 6bot / Coming again very soon! Svit Zlin Radio 24/7!

06-07-2010, 06:52 AM	#8
spazlabz Confirmed User Industry Role: Join Date: Jul 2003 Location: Kentucky Posts: 6,548	if the site in question is promoting MY sites then my own personal opinion of it is GREAT! They are helping me brand and making more sales for themselves and us. The key thing is that they are using OUR BRAND to promote OUR SITES. But if they are using it to get the SEO and sending that traffic to someone else then there is obviously a problem

06-07-2010, 06:53 AM	#9
Rochard Jägermeister Test Pilot Industry Role: Join Date: Dec 2001 Location: NORCAL Posts: 72,922	I do solo girl blogs left and right, and in the past I've made it a point to ask the company before hand if it's okay. Not one company has said no to me. After fifty blogs I've stopped asking. __________________ “The choice is no longer between right or left. The choice is between normal and crazy.” - Sarah Huckabee Sanders YNOT MAIL \| THE BEST ADULT MAILING SOLUTION

06-07-2010, 06:54 AM	#10
czarina Webmaster Extraordinaire Industry Role: Join Date: Jul 2002 Location: A beautiful beach... Posts: 10,744	if you're promoting her, I dont see the problem

06-07-2010, 07:17 AM	#11
rowan Too lazy to set a custom title Join Date: Mar 2002 Location: Australia Posts: 17,393	If it's really a trademark then they need to protect it, otherwise any action against a genuine infringement is going to be very difficult (imagine 100 domains with 100 different owners - that shows the company is not protecting their mark.) A large program went through this issue several years ago. The solution was to ask affiliates to transfer ownership of the domains to them, but apart from that affiliates still controlled the hosting and content.

06-07-2010, 09:05 AM	#15
IllTestYourGirls Ah My Balls Industry Role: Join Date: Feb 2007 Location: Under the gold leaf ICQ 388-454-421 Posts: 14,311	Most allow it, but just remember there is a chance they may not allow it in the future and start taking the domains. __________________