site making ~25k this year, but possible trademark issues in the future
 

If you had a site that was making around 25k a year, but there was a possibility of legal issues in the future (due to trademark), would you:

1. Keep it and continue selling the products
2. Sell it, and for how much?

shut it down :)

What kind of trademark issue exactly?

using the trademark in the domain name

are you the one with Nikesluts.com;)

It depends really...If you are US-based and if they have a history of going after domains using their trademark.

25k net income?
So at least i would start from 30k, though i heard ppl that price their sites based on the average year net incom multiplied for 2 years.

I would sell it in prospective I'd lose the legal issue

25k in commissions

not based in the USA

They have sent a warning email

many things around. if you are selling only their product, talk to them. better lower revenue or selling it to them than having problems later. if you are going to sell it to other person and dont talk about the trademark issue :321GFY

If the cease-and-desist email is legit the site days are numbered, at the very least a UDRP decision will get them the domain.

You best bet is probably to do a 301 permanent redirect of the whole site to a new domain name and hope google keeps your rankings.

Try to make friends with them and become business partners, get their trust and tell them what you can offer

Tried talking to them, no luck. Anyone have a friend at Flesh Light?

If it is their trademark and their products you are selling there is no way out. Your only option is to talk to them again, say you'll give the domain but you would like to continue promoting their product with a different domain name, 301 redirect the whole site keeping the same link structure and content . more often than not the new site ranks just as well as the old one. on a side note naming them in this thread might not have been the smartest thing to do:2 cents:

Make a site move in Google webmaster tools, I'm guessing it has some type in value that you are going to lose though.

is trademark related? for example you use windows in domain name and sell some software?

If they sent you a warning already its to late anyways.
If you sell it they can and will get you.

a 301 redirect to a new domain would hold rankings? Any SEO experts want to comment on that?

I'd put the site on a new domain (that does not use their trademark), just wondering if it'd hold rankings

http://www.silveremulsion.com/wp-con...1/03/dtrt2.jpg

http://www.google.com/support/webmas...y?answer=83106

Use this process to move it, don't just 301 it. Because you verify ownership in GWT the rankings "should" hold.

Did you own it prior to the trademark being issued?

yeah, looks like I did own the domain before the trademark registration date

+1

345346

Then tell them to GFY. (just my personal opinion, you should consult with an atty). But I think you are sitting pretty, let them buy it. Do they have deep pockets?

jenny is their girl here https://gfy.com/member.php?u=121809 :2 cents: and i think they must have many friends as they are sponsoring many webmaster meetings, strange nobody can help or dont want to help ...

They did not offer me anything, they just wanted me to transfer the domain outright to them. And when I say them I was talking to an affiliate rep

they will prob sue you for all revenue made using their trademark.

Definitely tell them to go fuck themselves. I thought you meant an important company.

He's talking about Fleshlight.

if he is promoting their products they'll close his account then what?

wow ,u smart ,look above :Oh crap:Oh crap

So It's fleshlight. You have a domain with the word "fleshlight" in It and you are promoting them on the site. If I were them I'd just let you keep promoting. Why being a bitch about It as long as you only promote them.

Nicky, that's what I was thinking too

I have managed to keep domains at #1 after doing 301 redirect and adding both to Google's webmaster tools.

But the switch included having a very similar name that had a synonym for the dropped word. Or the replacement had more to do with the niche of the site.

Example: 40InchPlus => 40InchAss

:2 cents::2 cents:

Okay, I have not been around following the drama and probably won't hunt the thread down. Let me re-word the question: Were you using the domain prior to them coming on the scene? Are you promoting their product successfully with it?

I can't help but think there is more to the story. Who is the rep?

25k in 9 months looks successful to me ... looks like the company dont want to share the revenue and just want to keep his hard made traffic ... all other copyright and copyleft and all that crap around is just bullshit :2 cents:

I doubt even fleshlight.com was registered before the Fleshlight appeared, so I seriously doubt anyone would register any other domain with the 'word' "fleshlight".

for sure move the domain to some offshore registar where they dont have and will not have their name trademarked :winkwink:

Fleshlight.com registered in 2003. The trademark dates back to 1997. And according to the website the company has been around since 1995.

So I'm guessing that Op is talking about one of their product names or other more recent trademarks like FleshJack.

Not including the terms 'fleshlight' in domains is in our terms. For individual questions, feel free to contact me at [email protected] and I will talk to you about your particular case.

You all do - me.

Its fleshlight

That's what I had thought too, but Nicky said it was about "Fleshlight" and the OP replied to Nicky and didn't contradict that by saying it wasn't Fleshlight. The domain has been in use since at least 1998, BTW.

Milk it until they take it away from you.

What's the difference between a "Flesh Jack" and a "Flesh Light", BTW?

And, didn't these kind of "flesh tubes" exist before Flesh Light? Is the Flesh Light better in some way or just more heavily marketed and advertised?

From what I hear (more now than when I first saw it many years ago) this must sell pretty well, so it's a pity I used to write it off before, thinking who'd buy such an absurd product. That's not to bash Flesh Light specifically; all sex toys (for men at least) are pretty ridiculous:

http://www.rotten.com/library/sex/ma...ons/sex-dolls/

(Funny, Flesh Light is itself on that page now; I don't remember it being there before.)

This one still reminds me of Butthead...

http://www.rotten.com/library/sex/ma...ls/1945_01.GIF

A Fleshlight is geared towards the straight audience and it the vagina, mouth and ass of a woman. A Fleshjack, is aimed at the gay market and is the ass and mouth of a man.

We have sold over 4 million of the products so far..and approaching the 5 million mark rapidly.

Edit: Do you get the two/three 'tubes' (ass/mouth etc), at once, or have to buy them separately?

Do you find you are selling more these days? You probably have more affiliates I'm just wondering if the novelty is wearing off now or there's always a market for this kind of thing. Do you find gay people are more into this or about the same? I guess that's hard to tell too, since there are more straight people around. Hm. I'm just kinda wondering who buys this product? Just anyone, or anyone in particular?

If someone creates an account on your site to buy a Flesh Light, and loves it so much they wear it out and need a new one or just want another product, does the affiliate get that second sale too? Or can the affiliate just forget any recurring sales, and it's just the initial sale they send?

big mistake telling how much $ you made with it, they can sue your ass knowing how much you make