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-   -   Is this copyright infringement? (https://gfy.com/showthread.php?t=1045980)

tonyparra 11-15-2011 08:53 PM

Is this copyright infringement?
 
If i name a category after a paysite. For example if a sponsor has a site called somethingporn.com and i want to promote somethingporn.com and name the category where their content goes as somethingporn.com, and then i somehow manage to outrank them for the term 'somethingporn.com', 'somethingporn', or 'something porn' could they say its infringement? Seems like the infringement is never an issue till you making money they want all to themselves.

porno jew 11-15-2011 08:56 PM

doubtful but i heard about that happening in mainstream.

TheDoc 11-15-2011 08:56 PM

In general I would think it's okay. Check the terms though, normally if they have an issue with this type of stuff they will have something about it within the terms. Then if so, I would avoid it with that sponsor or get permission first.

Jakez 11-15-2011 08:59 PM

It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click".

tonyparra 11-15-2011 09:03 PM

Quote:

Originally Posted by Jakez (Post 18562523)
It's totally infringement. You're supposed to promote them like "check out this site here I can't say the name but it's awesome just click".

:1orglaugh needed.

Bored 11-15-2011 09:06 PM

the internet is copyright infringement

CYF 11-15-2011 09:10 PM

that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product.

Coup 11-15-2011 09:12 PM

Just say users uploaded the domain. you'll be fine

Jarmusch 11-15-2011 09:23 PM

The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent.

But I think you should just use 'somethingporn' or 'something porn'.

tonyparra 11-15-2011 09:27 PM

Quote:

Originally Posted by Jarmusch (Post 18562568)
The chances of you outranking the sponsor site for the term 'somethingporn.com' are non-existent.

But I think you should just use 'somethingporn' or 'something porn'.

you would be surprised...

JohnRingo 11-15-2011 09:35 PM

i would just redirect the link to a torrent site where you can download all their shit for free

Jarmusch 11-15-2011 09:37 PM

Quote:

Originally Posted by tonyparra (Post 18562582)
you would be surprised...

Can you post an example of an affiliate outranking the sponsor for the term 'somethingporn.com' ?

cooldude7 11-15-2011 09:38 PM

Quote:

Originally Posted by tonyparra (Post 18562582)
you would be surprised...

i know., i had the same question regarding the "big sausage pizza" i wanted to buy domain, setup site and send traffic to them, si i contacted them and they told me they dont accept webmasters from india., period.,

i could have easily outranked them for that term, but when this happens, some sponosrs pull the plug....so be careful.,

not to build your empire on a trees branch.

sorry for my excellent english ;P

JohnRingo 11-15-2011 09:43 PM

i just bought somethingporn.net...

tonyparra 11-15-2011 09:54 PM

Quote:

Originally Posted by JohnRingo (Post 18562590)
i would just redirect the link to a torrent site where you can download all their shit for free

Quote:

Originally Posted by JohnRingo (Post 18562590)
i just bought somethingporn.net...


:1orglaugh:1orglaugh

Barry-xlovecam 11-15-2011 09:59 PM

USPTO http://tess2.uspto.gov/bin/gate.exe?...004:e5v661.1.1 RE: Trademark filings (USA Only -- the Berne Conventions would apply)

But really; your affiliate agreement would be the controlling instrument providing that the provisions are legal

(Not legal advice -- offered as information only)

raymor 11-15-2011 10:06 PM

Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all.

raymor 11-15-2011 10:10 PM

Quote:

Originally Posted by tonyparra (Post 18562511)
Seems like the infringement is never an issue till you making money they want all to themselves.

Yes, that's why it's called TRADEmark infringement, it's defined as using their mark in TRADE (business) in a way that infringes on their rights to their brand.

beks001 11-15-2011 10:53 PM

It's a sponsor by sponsor case. Many sponsors are not allowing this any more but they did for a long time. Some are still being cool and allowing you to promote like this. Others just couldn't find a better way than to get pissed and take it away from you. Lol

tonyparra 11-16-2011 07:07 AM

Quote:

Originally Posted by raymor (Post 18562625)
Ask them if they are ok with the way you are using it. It's their trademark. If you are using it to promote them, it normally wouldn't be trademark infringement, because they would permit such use. It doesn't matter, though, because they can terminate your affiliate account just because they feel like it. Once they terminate your account, you would no longer use their trademark to promote them because you wouldn't be promoting them at all.

I fear if i ask i will getdenied because they wont understand what m trying to do...

tonyparra 11-16-2011 07:44 AM

Quote:

Originally Posted by CYF (Post 18562545)
that would be a trademark, not a copyright. You are generally allowed to use a trademark to refer to a product.

Generally, but in porn who knows....

porno jew 11-16-2011 07:46 AM

Quote:

Originally Posted by tonyparra (Post 18563118)
I fear if i ask i will getdenied because they wont understand what m trying to do...

who cares man just do it.


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