Amazon shutting me down !!!

ozduc

14 years ago

Contact an attorney.
A lot will depend on how "kindle" appears in the domain name.

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abednego 14 years ago

Originally Posted by ozduc

Contact an attorney.
A lot will depend on how "kindle" appears in the domain name.

I disagree, I can't think of way to use it to ensure you'd be able to keep a domain with kindle
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- Black Hat Cat Banned 14 years ago
  
  Originally Posted by abednego
  
  I disagree, I can't think of way to use it to ensure you'd be able to keep a domain with kindle
  
  Actually making money for Amazon by selling their Kindles via their affiliate program while directing traffic to their site might be one. It's not like he's using it to sell Nooks.
  
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Odhinn

14 years ago

eBay does this all the time if you use their company name in the URL. Unfortunately, I don't think there's that much you can do about it. Some sites have gotten around this, notably ebaysucks.com, which was up for a while, but has since changed drastically,so I think they got in trouble too.

Why not just buy a new domain name without the word Kindle in it and do a permanent redirect?

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ptone

14 years ago

Using Kindle in your domain name is a direct violation of the operating agreement you agreed to when becoming an affiliate. If you read it you will find it. Also, it is a copyright violation which could get you in more trouble.

Its a tough pill to swallow after all your hard work, but there is nothing else to do but turn the domain name over to them.

Are they going to let you keep your affiliate account and commissions earned through that site?

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darrellw 14 years ago

I think so, I'm still getting commissions - everything is very polite at the moment - it's just that I done a whole load of backlinking and got to the top of the serps - I think I'm just going to have to swallow the bitter pill and move on
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khanhdom

14 years ago

yea that sucks it's more of a copyright issue that they owned. just have to be creative and make another domain name

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InternetMarketingIQ

14 years ago

Trademarks are enforceable. You have the money to fight Amazon? Sounds like you are making your money from Amazon.

Lesson learned.

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darrellw 14 years ago

I agree - lesson learned - move on
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- JohnMcCabe 14 years ago
  
  Originally Posted by darrellw
  
  I agree - lesson learned - move on
  
  Good move.
  
  For the future, and for anyone else thinking about doing something similar, it's not really a copyright issue.
  
  It's a trademark issue. Amazon has to protect their trademark or they lose the protection. So they even have to go after affiliates who would seem to be working in Amazon's best interest by marketing their products.
  
  Unless you are doing something outlandish, which I doubt you are if things are still polite, it's not you they're after. It's what someone else might do if they lose their trademark. In asking for the domain from you, it's not personal, it's just business.
  
  It still stings to lose the investment in both time and money, though. Best of luck to you...
  
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x3xsolxdierx3x

14 years ago

Originally Posted by darrellw

IM'ers

I have a website selling Kindle gear and my domain name has kindle in it. Amazon contacted me and said I need to sell the domain name to them (copyright etc). Has anyone had a similar experience? I spent a lot of time and money on backlinks,SEO which far exceeds the $20 they want to re-imburse me for !!!!

Any ideas out there, not sure what to do here, I use the amazon affiliate program a lot

They may have a case here...

....and, dependent upon the legality of it all, they may not have to reimburse you a dime....

How long has your site been up and running?

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yukon

Banned 14 years ago

[DELETED]

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x3xsolxdierx3x

14 years ago

Originally Posted by yukon

I would sell the domain to them. Don't waste more money on an attorney. I kinda doubt you have any rights to that name (kindle).

Keep a good relationship with Amazon, rebuild with a new domain name with generic keywords.

I know it must suck, after doing a lot of work.

If you have accrued even remotely decent affiliate commissions, I would really try to see if they would let you keep those, though....

Did they say whether or not they would allow you to keep them?

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Lisa Gergets

14 years ago

Actually they do not have to reimburse you at all. Good call on just moving on.

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alkantenik

14 years ago

I purchased a domain yesterday it is www.whatisediets.com
Probably my end will be like you

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728huey

14 years ago

What if your website is about kittens, building campfires or improving relationships? Are you supposed to give up your domain just because some big corporation decided to create a product with that same name?

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x3xsolxdierx3x

14 years ago

Originally Posted by 728huey

What if your website is about kittens, building campfires or improving relationships? Are you supposed to give up your domain just because some big corporation decided to create a product with that same name?

...but, as far as I understand....Amazon created the Kindle, THEN he created his website...

If he had created his website before Amazon created the kindle, he'd probably have a case...

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CliveG

14 years ago

Originally Posted by 728huey

What if your website is about kittens, building campfires or improving relationships? Are you supposed to give up your domain just because some big corporation decided to create a product with that same name?

Two or more companies can have the same trademark in different business sectors as trademarks are sector specific. So if the website in question was about, say, camp fires they would not have a case.

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Mohammad Afaq

14 years ago

I don't think there's anything you can do about it.

Give up the domain this time and in the future be really careful about copyrights before registering a domain.

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sbucciarel

Banned 14 years ago

It isn't copyright ... it's Trademark infringement. Were you not aware that Amazon has a trademark for their Kindle product? Give it to them. There's no other choice. It belongs to them. Don't register domains with trademarks. Things like this happen when you do.

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x3xsolxdierx3x

14 years ago

Originally Posted by sbucciarel

It isn't copyright ... it's Trademark infringement. Were you not aware that Amazon has a trademark for their Kindle product? Give it to them. There's no other choice. It belongs to them. Don't register domains with trademarks. Things like this happen when you do.

Yeah....I'd have to agree with sbucciarel...

You're lucky they even offered $20 here....I don't believe they even had to offer that....

Was your site generating thousands in sales/month, if you don't mind me asking?

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Paul Myers

14 years ago

Here's a thought for you:

Dear [whoever],

I am new to this, and was unaware of the potential trademark issues when I created the domain. I will be happy to turn it over to you at no cost.

As you can see, I am only using the domain to sell your products as an affiliate. Would it be possible for me to continue to use it in this way, but with you listed as the owner? Or to get a hard redirect to whatever site I create to promote your products under a less problematic domain?

Me

They probably won't go for it, other than to say, "Sure. Transfer the domain to us using XYZ process." Can't hurt to ask, and it reduces potential hassles over your affiliate status later.

I wouldn't even ask for the registration fees. Show some good faith.

Paul

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Dennis Gaskill

14 years ago

Originally Posted by Paul Myers

Here's a thought for you:

Dear [whoever],

I am new to this, and was unaware of the potential trademark issues when I created the domain. I will be happy to turn it over to you at no cost.

As you can see, I am only using the domain to sell your products as an affiliate. Would it be possible for me to continue to use it in this way, but with you listed as the owner? Or to get a hard redirect to whatever site I create to promote your products under a less problematic domain?

Me

They probably won't go for it, other than to say, "Sure. Transfer the domain to us using XYZ process." Can't hurt to ask, and it reduces potential hassles over your affiliate status later.

I wouldn't even ask for the registration fees. Show some good faith.

Paul

Sigh...I was going to suggest the same thing. It's a long shot, but you never know. They might be empathetic because you've been sending them business.

Otherwise, lesson learned for you.

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ptone

14 years ago

Originally Posted by Paul Myers

Here's a thought for you:

Dear [whoever],

I am new to this, and was unaware of the potential trademark issues when I created the domain. I will be happy to turn it over to you at no cost.

As you can see, I am only using the domain to sell your products as an affiliate. Would it be possible for me to continue to use it in this way, but with you listed as the owner? Or to get a hard redirect to whatever site I create to promote your products under a less problematic domain?

Me

They probably won't go for it, other than to say, "Sure. Transfer the domain to us using XYZ process." Can't hurt to ask, and it reduces potential hassles over your affiliate status later.

I wouldn't even ask for the registration fees. Show some good faith.

Paul

I agree that this is exactly how this should be handled. I would be nervous about them closing the affiliate account and holding back commissions earned through this site. Handling it in this manner just might be what stops that from happening.

With that said, I doubt they will agree to allow him to continue to earn commissions from that domain name and here's why...when someone searches for a Kindle, they are looking for one product that can only be purchased from one place (aside from buying used at eBay, et al).

Amazon doesn't want to have affiliates intercepting this traffic that was going to Amazon anyway and have to pay them a commission.

They would be perfectly happy if affiliates converted traffic searching for the Sony reader or other competitors, but that is not what is going on here.

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x3xsolxdierx3x

14 years ago

Originally Posted by Paul Myers

Here's a thought for you:

Dear [whoever],

I am new to this, and was unaware of the potential trademark issues when I created the domain. I will be happy to turn it over to you at no cost.

As you can see, I am only using the domain to sell your products as an affiliate. Would it be possible for me to continue to use it in this way, but with you listed as the owner? Or to get a hard redirect to whatever site I create to promote your products under a less problematic domain?

Me

They probably won't go for it, other than to say, "Sure. Transfer the domain to us using XYZ process." Can't hurt to ask, and it reduces potential hassles over your affiliate status later.

I wouldn't even ask for the registration fees. Show some good faith.

Paul

Yeah, I would give this a shot. It could be the best suggestion given on this thread...doesn't hurt to try...

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ordinary_joe

14 years ago

Yeah take the 20 and move on. Just duplicate what you did before.

Desmond

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niffybranco

14 years ago

First of all how did you use the name "kindle" did you name your site kindle ebook reader. Its hard to say if we do not know how you used kindle in the domain name. I am not a lawyer but i feel kindle is a verb and amazon cannot make claim to it unless it refers to an ebook reader if i register a domain called kindlemyfire.com will amazon tell me i am violating their trademark ?

If you have mentioned ebook reader or anything that suggests ebook reader in the domain name then just do what everyone has advised give them the domain name.

But if you used it in a more generalized way seek out legal advise as they might actually have no right to tell you to hand it over, however you might have to stop using it to promote the kindle ebook reader.

Either way it's not looking good .

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Amazon shutting me down !!!

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