Fitbit Inc. - Notice of Infringement - fitbit.rocks Domain

20 replies
Hey guys I'm thinking of building a new affiliate website using this domain www.fitbit.rocks but received this notice of infringement from Fitbit.

"Your use of the Fitbit Marks in the domain name(s) fitbit.rocks violates Fitbit's trademark rights, improperly suggests Fitbit's sponsorship or endorsement of your website, and dilutes the well-regarded Fitbit brand, all in violation of federal and state trademark laws.

We demand that you immediately disable any and all content associated with the above stated domain(s) and cease and desist from using any of the Fitbit Marks on any website and provide written confirmation of such action within five days of the date of this letter. Failure to promptly comply may result in legal action. This letter is without waiver of Fitbit's rights and remedies at law or in equity, all of which are expressly reserved."

If I build an affiliate website promoting honest reviews about Fitbit products what are the chances of me pulling it off?

Thanks in advance.
#domain #fitbit #fitbitrocks #infringement #notice #top level domains
  • Profile picture of the author Mark Singletary
    Originally Posted by drewsclayton View Post

    If I build an affiliate website promoting honest reviews about Fitbit products what are the chances of me pulling it off?
    No chance - zero.

    If you think you have a chance, you may want to check with a lawyer first. Losing a bunch of affiliate commissions as well as a domain name isn't fun.

    Mark
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  • Profile picture of the author agmccall
    You could be just as successful with a generic domain name. Also, you do not limit yourself to promoting just fitbit.

    al
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  • Profile picture of the author BradVert2013
    Zero chance. Companies don't mess around when it comes to protecting their trademarks.
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  • Profile picture of the author BigFrank
    Banned
    I suggest you register the domain name 'shitbit.com' and write about their crappy products.

    Cheers. - Frank
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  • Profile picture of the author Brad Gosse
    When you register a domain you actually agree to the terms that you aren't infringing on a copyright or trademark which you clearly knew you were doing.

    There is no way to use this domain without permission which is unlikely now.

    Let it go, chalk it up to a learning experience.
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  • Profile picture of the author ajbarnes777
    As of the date of this post, I just did a little search, and:

    activitytrackerinsight.com
    activitywatchreviews.com
    bestactivitywatches.com

    are all available.

    I'm not a lawyer, but I strongly suggest never using a companies name in a domain. Using those types of domains like the above is the better (and safer) route.
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  • Profile picture of the author Brent Stangel
    If I build an affiliate website promoting honest reviews about Fitbit products what are the chances of me pulling it off?
    Are you drunk? If not, maybe you should have a few and think about this brain-dead statement a little more.
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    Get Off The Warrior Forum Now & Don't Come Back If You Want To Succeed!
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    • Profile picture of the author BigFrank
      Banned
      Originally Posted by Brent Stangel View Post

      Are you drunk? If not, maybe you should have a few and think about this brain-dead statement a little more.
      OUCH!!! And folks say that I'm harsh. lol

      Cheers. - Frank
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  • Profile picture of the author ChrisBa
    Originally Posted by drewsclayton View Post

    Hey guys I'm thinking of building a new affiliate website using this domain www.fitbit.rocks but received this notice of infringement from Fitbit.

    "Your use of the Fitbit Marks in the domain name(s) fitbit.rocks violates Fitbit's trademark rights, improperly suggests Fitbit's sponsorship or endorsement of your website, and dilutes the well-regarded Fitbit brand, all in violation of federal and state trademark laws.

    We demand that you immediately disable any and all content associated with the above stated domain(s) and cease and desist from using any of the Fitbit Marks on any website and provide written confirmation of such action within five days of the date of this letter. Failure to promptly comply may result in legal action. This letter is without waiver of Fitbit's rights and remedies at law or in equity, all of which are expressly reserved."

    If I build an affiliate website promoting honest reviews about Fitbit products what are the chances of me pulling it off?

    Thanks in advance.
    I think the answer is pretty clear, fitbit gave you a warning, if you decide to ignore it, it wont likely be a good idea. IMO just move on.
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  • Profile picture of the author JohnMcCabe
    Originally Posted by drewsclayton View Post

    If I build an affiliate website promoting honest reviews about Fitbit products what are the chances of me pulling it off?

    Thanks in advance.
    Your chances? Slim and none, and Slim is MIA.

    While your chances of building and keeping an affiliate site with this domain are nil, you may garner a nomination for a Darwin Award...
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  • Profile picture of the author Jeff Burritt
    If you're using a brand name or a close spelling of that name you're violating federal and international laws, like it or not.

    In addition to doing a basic Google search and Domain Name search, you should also consider doing a U.S. Federal trademark search. It's free on interwebs: Trademark Electronic Search System (TESS)
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  • Profile picture of the author webmacster
    Before doing any investments in buying new domains and building new websites is always best to make sure is not branded. You can check here for any registered trademarks TESS -- Error
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  • Profile picture of the author drewsclayton
    Thought as much, Thanks for the frank and honest advice.
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  • Profile picture of the author wiseoldman
    Yes you have good chance. Do let not them scare you. Sand your ground. Run otherwise.
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    • Profile picture of the author JohnMcCabe
      Originally Posted by wiseoldman View Post

      Yes you have good chance. Do let not them scare you. Sand your ground. Run otherwise.
      Nominated for "Dumbest Advice of the Day"...

      The only part that makes any sense is "run". The rest is macho blather. Unless, of course, you're willing to put your money where your mouth is and cover any damages he incurs following your advice.

      Didn't think so.
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    • Profile picture of the author Ames
      Originally Posted by wiseoldman View Post

      Yes you have good chance. Do let not them scare you. Sand your ground. Run otherwise.
      No you bad advice give. Scare them let you. Run!
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      If it's too good to be true...
      Fraud - An Inside Look

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  • Profile picture of the author S T E V E
    I'd take their advice and thank them for letting you know before you done something stupid.

    Then offer to sell them the domain for a nice fee. If not keep hold of it anyway because they might want to buy it in the future.

    Steve
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  • Profile picture of the author yudhistraverma
    You cannot pull this off. If you are really interested in doing reviews, register a different domain. If not, there's no point.
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  • Profile picture of the author Kay King
    Then offer to sell them the domain for a nice fee. If not keep hold of it anyway because they might want to buy it in the future.
    No, don't do that. Looking at more problems if you try that. They own the brand - they could take the domain if they wanted. They aren't telling this person they WANT the domain....they are telling him "you can't use it".

    The domain is parked - let it expire - forget about it...move on.
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