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Kinkydollars trying to take your sites as well?
Let's have a headcount, how many people are getting hit up by Kinkydollars and being told to sell them your domains complete with sites for 2, yes that is two months profit?
Kinky about what domains are being used to promote them but two month profit? Come on... 2x last month on 50% revshare equals 1 month on 100% revshare which they will get when they own the domains...:helpme Yes that means Kinkydollars with earn their money back in one single month, good deal eh? That armory must have a hefty upkeep but why not try to make money from other things? Now they make 50% revshare, next month they get nothing since the domains will point to another sponsor, smart move Kinkydollars, how will you be able to pay for the Armory then? :pimp "We are offering a buyout of your account for 2X your last monthly payout if you transfer all of your infringing domains with their content in the next 10 business days. In your case this would amount to $x. If you do not transfer ownership by this time you will be included in our pending litigation which will begin at the start of next year. Kind Regards, Kink Legal" |
I don't have any infringing domains:2 cents:
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Reading the title, I thought you meant any one. I was going to say about usual business worth, usually a year of profit. But you are actually saying they are asking to purchase your affiliate accounts & asking if you want to sell your urls or just the sites as they are as an affiliate to them?
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Sig spot.
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Jesus christ do those idiots ever stop?
I wonder what they would do if they actually started experiencing actual infringement from tubes or siterips on whatever manner of file sharing sites? Maybe leave their fucking affiliates alone? |
Not to threadjack
this is our policy at Teamskeet.com We will let our affiliates lease out our trademarked domains for $1 per year. They can only push our sites and our products on those domains. I have done this for many affiliate's - would love to work with you guys! |
wtfbucks must own them now
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never understood this policy. most programs that do this have nothing but torrents and tubes on the first page for their trademarks or site names.
imho programs should allow affiliates to use domains with trademarks or site names so long as the affiliate is promoting their sites/program exclusively on those domains |
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Kink hasn't converted for us for ages. All links pulled long ago.
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need a lawyer, but my understanding is it's only an infringement if you're using "example version of kink domain" to sell to a competitor of kink?
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What domains are they?..
Cant give an opinion if I can't see if you are really infriging or not and what kind of chance you have. |
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I remember when if you had any infringing domains of playboy's you wouldnt even get a nice letter offering you money. Just a letter that states give us our domain or get sued. lol |
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furthermore, why even run an affiliate program?
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They hit me up almost exactly a year ago, they thought I was infringing on 3 of their T&C, although the only one I actually was trademarks for some domains. In the end they listened to me and my account was restored. That's my history with them on the issue.
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but if you're promoting a google product, i would assume Google would just take the free advertising in the end, possession and all that |
I'm no lawyer...but doesn't this possibly qualify as extortion of some sort?
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their content is all over torrent sites, file lockers, tubes, etc and they want to sue you if you are affiliate who makes money for them via domains similar to theirs?
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Free show biz / intellectual property legal advice -twice a week- two different shows. Sundays from 5 to 7 PM on KTLK AM 1150 in Los Angeles (877-520-1150), and Fridays at 11 am to noon PST, Indie 1031.com (877-LAW-4777). To ask a question now, go to the Contact Page. It will get answered. It?s always free, and always worth every penny. http://barelylegalradio.com/wp-conte...m1-300x225.jpg |
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this is, or was, a conversation. have a good one |
I know someone that had a GGW domain, and GGW come after him ...
He didnt do anything about when emailed, soon after they set lawyers after it and lost ... didnt cost him anything Still to this day he owns it and does not promote GGW on it ... |
I can't get into specific details due to a disclosure agreement - but years ago we owned a bdsm/fetish feeder domain with a certain adjective word as part of the domain name.
Despite the fact it was all our original content, website design and in no way resembled or had anything to do with the other company (other than a simple word)...their in-house attorney calls me one day to prattle on about trademark infringement and threatened to sue us. I initially asked if he was having a slow day in the office...then eventually told him to go fuck himself. So he calls back a second time to announce he's sending a C&D letter. I hung up a second time - and contacted our own attorney. He suggested we make an offer to sell them the domain - so I let him broker the deal. We eventually settled on a 5-digit price (far more than twice the annual revenue) and signed it over. They put a re-direct on it...used it as a feeder page for a few years. And then we laughed last year when I noticed the domain expired without renewal. |
They asked about my sites... I showed them that they are selling their product. If they wanted them and they wanted to close my account I was going to have to redirect them and they could take them through the proper channels...
I still have my account and sites. |
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"We are offering a buyout of your account for 2X your last monthly payout if you transfer all of your infringing domains with their content in the next 10 business days. In your case this would amount to $x." So you give them all your affiliate domains, they takeover your account and you settle for 2x your last monthly payout. Then you probably unlink all those domains, they disappear from first top ten results soon and all torrent, file lockers and tubes are still there. WTF? They would rather prefer to have torrent, file lockers and tubes there then affiliate sites. WTF once again? |
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Thats from what I heard from two of my friends. They would rather probably have tens of torrents, tubes and filelockers in SERP results then their own affiliates. |
sell it for way more than that... :2 cents:
for 2 months payout, you might as well just try to bargain, and if they don't go for it, just promote somebody else Fetish sites. isn't "kink" a reg noun anyway? meaning it's in the dictionary, not like Reebok or Xbox... |
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However, that doesn't really answer if it's not only morally just, but contains any business sense at all, threatening to sue an affiliate for trying to promote the program. If the 'similar domain' is promoting competitors, that's infringement. If it's promoting the 'original program', how in the world is that infringement? |
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Really in the long run its win win. |
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I have the same problem AD, I am BigStefan from the other place :D My story is somehow special...
They want to let go my account and domains and basically open another account doing almost the same ( the legal team told me that I have to forfait all the account and all the domains for 20k dollars + 10k after 6 months, while the other support was telling me that if I do that I can open another account doing basically the same, only that they will own one of the domains I will use ). Most of the domains used are not related to their domains ( at least the big ones KALABUNGA :D), and they are free of copyright, and everything I do was discussed with their support a long time ago, which it seems to find it hard to remember. The account is 6 figures, and there is no way their support hasn;t seen it given the size and the multiple discussions on icq and emails with them. Everything went fine till I asked them to split payments to paxum and wire cause paxum has a 10k limit for credit cards, when suddenly I was contacted by their legal support. I also have the proof of the fact that I was given active support for doing my job with them. I am waitting for some lawyers to clear the issue for me, I am at the first attorney, whom I trust since he was recommended by some people with similar problems in the past ( I will take one attorney at a time, till one will tell me that we can nail them - I am doing this because the first or second who knows, might be tempted by a behind doors deal with their support ), and before Christmas if things are not settled I am changing all the content, most of it is already prepared, and I will wish them a happy marry xmas. In hell. |
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fuck em, if they are so sure of themselves, tell them to file a UDRP.
a couple other companies in adult try to threaten lawsuits to take domains i doubt they would get in an UDRP dispute. Kink should be focusing on their piracy problem, i see their content EVERYWHERE, more so then brazzers' even. |
as the word KINK is a dictionary word describing strange sexual behavior, that would be an uphill battle, even if you were promoting their competitors they can not protect their name if its a common word or noun.
kind of like how windows sued and lost over the use of their name, which is a simple noun as well. kink has some good attorneys i would imagine, hopefully they have thought of this. |
Never heard of them.
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It looks like Kink is getting desperate to retain cash.
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