How quickly will I get a C&D?

by Edge88
6 replies
So about 2 years ago I bought a domain for a very popular movie that debuted this weekend.

it looks like this:

movienametoys dot com

If I setup a review site/amazon affiliate site, how quickly do you guys think I will get a C&D? Some of my friends seem to think that within a few days...

Is it even worth the effort?
#candd #quickly
  • Profile picture of the author davezan
    What you're asking depends on who you're (potentially) dealing with, namely whoever made
    the movie and if they established trademark rights for it. Search Google for whatever hint if
    they act on the issue.

    Even if that party hasn't (seemingly) sent a C&D letter yet, they can give you the (dubious)
    honor still of being the first. Whether or not it's worth the effort is ultimately up to you.


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  • Profile picture of the author Alexa Smith
    Originally Posted by Edge88 View Post

    Is it even worth the effort?
    I'm not a lawyer, but I think a C&D is by no means the worst of the risks you're taking. There are various other questions here, I think? Does your domain-name include someone's trademark? Did it when you registered the name? Aren't you more concerned about being sued, as well as having to hand over any profit you've ever made through the site, in addition to the domain itself? Have you acted in good faith, throughout, or are you trying to profit by breaching someone else's civil law rights? Do you have deep pockets and/or a good lawyer who's used to handling such cases?

    Anyway, I think nobody here can even predict what kinds of trouble you might get into, let alone "how quickly". For myself, I'd be worried about much more than a "C&D", in your position.

    Originally Posted by Edge88 View Post

    If I setup a review site/amazon affiliate site
    Amazon will get rid of you very quickly, anyway - you'll be contravening their terms of service, as well.
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    • Profile picture of the author CandyxLand
      I would say within a few weeks, but it depends how much your content pisses off the studio's PR department. Do some research on the studio and how much effort they put into removing content. For example, is content related to the movie being taken down from youtube? That's usually a good indication.
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      • Profile picture of the author Alexa Smith
        Originally Posted by CandyxLand View Post

        it depends how much your content pisses off the studio's PR department.
        It may well not depend on that, at all. Just its existence as a website might be enough: the point here is that owning a trademark effectively confers obligations as well as rights on the holder.

        When it comes to trademark renewal time, if it can be shown that they've knowingly failed to protect their rights with regard to the trademark, that can be held against them. Some companies, for this reason, have the policy of pursuing all breaches of the trademark routinely and without reference to the motives/purposes/circumstances/location of the defendant.
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  • Profile picture of the author Entrecon
    I would also think there are factors playing into the fact that you had the domain name prior to the movie coming out. Were you aware of the movie when you got the domain? Was the name already trademarked for something prior to the movie?

    So, if I have a domain called (I don't think Traxler Unite is anything) and a couple of years from now a movie comes out called Traxler Unite, I would say you I am more likely to get an offer to buy the domain name than a C & D. However, if the brand Traxler Unite already existed when I bought the domain and I had anything on the site related or not to that brand, I would suspect you would not only get a C & D, but also legal paperwork looking for damages.

    Visit My website

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  • Profile picture of the author sbucciarel
    Amazon will ban you for sending traffic from a trademarked domain name. You could also get sued if they wanted to or just get the C&D.
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