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Badmaash 06-07-2010 06:28 AM

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

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 (Post 17224131)
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 :2 cents:

Badmaash 06-07-2010 06:48 AM

Quote:

Originally Posted by BestXXXPorn (Post 17224145)
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 (Post 17224244)
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 (Post 17224259)
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 (Post 17224154)
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...
:2 cents:

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.


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