Trademark Complaint To My Hosting

13 years ago

If you have any kind of commercial or affiliate links in those pages, they have right to complain to your hosting because you are using their trademarks to earn money in one way or another and you don't have any other choice, but to agree to take down this content (or move to bullet proof offshore hosting).

On the other hand, if you haven't placed any commercial or affiliate links, as far as I know, official trademark owner don't have right to take down your content (I can be wrong, so it is better to wait for more replies or consult with person, who knows law well).

Thanks
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Tina Golden

13 years ago

Originally Posted by falco

If you have any kind of commercial or affiliate links in those pages, they have right to complain to your hosting because you are using their trademarks to earn money in one way or another and you don't have any other choice, but to agree to take down this content (or move to bullet proof offshore hosting).

On the other hand, if you haven't placed any commercial or affiliate links, as far as I know, official trademark owner don't have right to take down your content (I can be wrong, so it is better to wait for more replies or consult with person, who knows law well).

Simply using a brand name in your content isn't a legitimate beef for the company, though. Whether you make money off it or not, doesn't matter. It depends on the actual content as well as how you used the trademarked terms. You'd need actual legal advice to know for sure.

However, if your host is asking you to remove it, you might as well take it off that site, at least. They won't hassle with the reporting company as it's far easier and cheaper to just take your site down - no incentive for them to go to bat for you.

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falco

13 years ago

As far as I know, you can't use trademarks to earn money, without agreement of trademark owner, for example, you can't create your own simpsons animation, which promotes one of your affiliate products.

I would be interested in real expert opinion, as, like I said before, I might be wrong with this information

Thanks
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Boris_yo

13 years ago

Originally Posted by falco

As far as I know, you can't use trademarks to earn money, without agreement of trademark owner, for example, you can't create your own simpsons animation, which promotes one of your affiliate products.

I would be interested in real expert opinion, as, like I said before, I might be wrong with this information

I have seen countless websites promoting Amazon products. Are you saying all of them must ask permission from trademark owners? Why so if they are pushing brand's products and increase brand awareness? Why Amazon do not tell so their affiliates to get permission from trademark owners?

By the way, i did not sell their handbags on domain at all. I did not write it, but the claim came from counterfeit department so it has something to do with this.

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kindsvater

13 years ago

Since you redacted the domain name and no one knows what is on your page - no one has much to go on.

However, that link to the wholesale designer handbags site could be your problem.

Looks bogus to me.

Especially since CD is the wholesaler.

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sbucciarel

Banned 13 years ago

Originally Posted by Boris_yo

I have received this from my hosting.

My webpage has article about that brand's product (i can PM you article link), AdSense ads, my domain has YouTube video how to spot fake handbag. Right sidebar has this ad.

My hosting wants me to take down page and all that mentions trademark - not domain. My domain is a generic long-tail keyword.

I don't understand of what i am being accused. I do not support selling counterfeit handbags. My website is informational and i did not copy their content. I do not sell their products on my website at all as retailer or as an affiliate. But on my domain's homepage i sell products of other brands as an affiliate.

If you received that from your hosting, is it worth it to you to fight this and lose your hosting? I'd just remove the page.

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JackPowers

13 years ago

Get some new hosting in Russia or just remove the page.

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Alan Petersen 13 years ago

Originally Posted by MikePatton

This doesn't make sense to me.

Why not?

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- Boris_yo 13 years ago
  
  Okay i understood where i was wrong. I had domain name with word "faux" in it which probably made brand look bad. I initially did not know what that word meant, i thought it was type of handbag. Thanks to PM from one person i now know where i was wrong.
  
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