How quickly will I get a C&D?

by Edge88

Posted: 11 years ago 6 replies

INTERNET MARKETING

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

davezan 11 years ago

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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Alexa Smith Banned 11 years ago

Originally Posted by Edge88

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

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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- CandyxLand 11 years ago
  
  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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  Alexa Smith Banned 11 years ago
  
  Originally Posted by CandyxLand
  
  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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Entrecon 11 years ago

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 TraxelerUniteToys.com (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.
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sbucciarel Banned 11 years ago

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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