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Search: Posts Made By: davezan
Forum: Main Internet Marketing Discussion Forum 25th September 2014, 12:00 AM
Replies: 22
Views: 1,324
Posted By davezan
Re: I Received a Cease and Desist e-mail from a company saying that my domain name is infringement

Which depends on the domain provider giving that option. Many (if not all) of them don't allow
it because there's essentially no turning back if customers cancel and then reconsider.



Some...
Forum: Main Internet Marketing Discussion Forum 20th December 2013, 05:38 PM
Replies: 17
Views: 804
Posted By davezan
Re: Lost Domain after Fraudulent Payment

In my past registrar work, ICANN doesn't "recover your domain". The most they'll
do is check if the registrar followed their contract to the letter, and that's about
it.





Pretty much...
Forum: Main Internet Marketing Discussion Forum 6th November 2013, 05:41 PM
Replies: 17
Views: 588
Posted By davezan
Re: Is This a Trademark Issue or Not?

There are decisions where adding a letter or word doesn't get around trademark
confusion or infringement.

Trademarks aim to prevent confusion. The more unique and popular the mark, as ...
Forum: Main Internet Marketing Discussion Forum 24th October 2013, 05:32 PM
Replies: 11
Views: 871
Posted By davezan
Re: Help, icaan.net

The domain name was registered only last month, and it's using Go Daddy's WHOIS privacy
thing.

DON'T.
Forum: Main Internet Marketing Discussion Forum 13th October 2013, 05:51 PM
Replies: 32
Views: 1,975
Posted By davezan
Re: Is this some sick joke, Godaddy?

Naiveté, maybe? AFAIK, fraud involves cheating someone of some material and
valuable thing like money, which (so far) hasn't happened here.



Well, the OP hesitated to use his real name to...
Forum: Main Internet Marketing Discussion Forum 12th October 2013, 06:54 PM
Replies: 32
Views: 1,975
Posted By davezan
Re: Is this some sick joke, Godaddy?

I dealt with this issue few times in my ex-registrar life. Your (uhurm) story has
happened to a few other people from Go Daddy and other registrars, so you're
not alone.

Unless you can somehow...
Forum: Main Internet Marketing Discussion Forum 24th August 2013, 06:30 PM
Replies: 63
Views: 1,852
Posted By davezan
Re: Where do I stand legally?

Eep, I forgot about that. Thanks for mentioning that.



While it's true that having a domain name alone doesn't constitute infringement,
that's not the only consideration. As noted, it depends...
Forum: Main Internet Marketing Discussion Forum 24th August 2013, 12:30 AM
Replies: 63
Views: 1,852
Posted By davezan
Re: Where do I stand legally?

Going only by what you've said so far, it's 50/50. Particularly if you registered
the domain name before the trademark existed, you definitely have the right
to state an asking price.

Obviously...
Forum: Main Internet Marketing Discussion Forum 14th August 2013, 06:20 PM
Replies: 91
Views: 2,614
Posted By davezan
Re: Website threatened with legal action

And apparently, the other party doesn't want somebody to commercially exploit
their hard work as well. I don't know how many even remotely appreciate that.

While you realistically don't have to...
Forum: Main Internet Marketing Discussion Forum 31st July 2013, 05:39 PM
Replies: 41
Views: 1,928
Posted By davezan
Re: Simple Amazon tip

Fraud - Definition and More from the Free Merriam-Webster Dictionary (http://www.merriam-webster.com/dictionary/fraud)



Lie - Definition and More from the Free Merriam-Webster Dictionary...
Forum: Main Internet Marketing Discussion Forum 23rd May 2013, 09:37 AM
Replies: 5
Views: 523
Posted By davezan
Re: Can I buy this domain

Vinay,

Whether or not your domain name will create trademark (not copyright) issues
depends on at least a few things: type of word or phrase, context, trademark
strength, and consumer...
Forum: Main Internet Marketing Discussion Forum 17th May 2013, 09:12 AM
Replies: 12
Views: 462
Posted By davezan
Re: Domain Name Question..

To be exact, a generic word cannot become a trademark in its generic meaning.
Apple cannot become a trademark for the fruit, but it is one for electronics.

Does that make sense, blueclcl?
Forum: Main Internet Marketing Discussion Forum 18th April 2013, 08:35 AM
Replies: 35
Views: 1,983
Posted By davezan
Re: Warriors using "Rolodex" in their product name open to Legal Action !!!

Professorrosado,

The point is copyrights don't apply to words whereas trademarks can. All of that
text you referenced here already indicate such.

While it seems I'm "presuming" U.S. laws, they...
Forum: Main Internet Marketing Discussion Forum 18th April 2013, 12:16 AM
Replies: 35
Views: 1,983
Posted By davezan
Re: Warriors using "Rolodex" in their product name open to Legal Action !!!

Just an add-on to that, Will. The more unique and/or famous the trademark, the
more likely anything bearing that mark might be confused with its source even if
it's used for something else.
...
Forum: Main Internet Marketing Discussion Forum 27th March 2013, 07:54 PM
Replies: 7
Views: 563
Posted By davezan
Re: "Retina" is now a registered trademark

Except if used in the context of computers, mobile, or data, which is what their
trademark is for.



They actually are depending on context, as Alexa said. Descriptive, to be exact.
(i.e....
Forum: Main Internet Marketing Discussion Forum 24th March 2013, 06:03 PM
Replies: 26
Views: 762
Posted By davezan
Re: Trademarks

And, don't forget, that they can become trademarks if they are used to identify
their sources of goods or services in commerce. One can't just create some logo
and say, "Hey, I got a trademark!" if...
Forum: Main Internet Marketing Discussion Forum 5th March 2013, 09:13 PM
Replies: 13
Views: 1,064
Posted By davezan
Re: Negotiating a Domain Name Sale

Ask Gene Pimentel (http://www.warriorforum.com/members/gene-pimentel.html).
Forum: Main Internet Marketing Discussion Forum 14th February 2013, 10:14 PM
Replies: 39
Views: 1,995
Posted By davezan
Re: Has anyone had a domain named robbed using Godaddy?

Oh, that's okay. Everyone's free to believe whatever they want, after all, and
I'm just sharing something: a) that's been discussed before, and b) Go Daddy
has addressed long ago and continues to...
Forum: Main Internet Marketing Discussion Forum 18th November 2012, 11:44 PM
Replies: 19
Views: 1,545
Posted By davezan
Re: Do all web hosts require verification?

For...he he...political correctness, let's just say that some hosts do. One thing I've noticed,
though, is this tends to happen more often with hosts and prospects that are "overseas" to
one...
Forum: Main Internet Marketing Discussion Forum 14th November 2012, 05:43 AM
Replies: 12
Views: 656
Posted By davezan
Re: Question about getting sued for using same domain

Short of using a (possibly cracked) crystal ball, it really depends if: a) the party
in question can demonstrate trademark rights, and b) if your site shows hints of
commercial use (even ads) that...
Forum: Main Internet Marketing Discussion Forum 24th August 2012, 07:31 AM
Replies: 146
Views: 6,789
Posted By davezan
Re: Enforcing the age limit here: You must be 18+ to be a member

WarriorForum - Internet Marketing Forums - Forum Rules (http://www.warriorforum.com/register.php)
Forum: Main Internet Marketing Discussion Forum 12th August 2012, 11:57 PM
Replies: 73
Views: 2,752
Posted By davezan
Re: RomneyRyan.com

Notice the Wikipedia entry mentioning, though, of profiting from the goodwill of a
trademark of someone or something. Unless the politicians in question can show
they have established trademark...
Forum: Main Internet Marketing Discussion Forum 11th August 2012, 12:51 AM
Replies: 32
Views: 963
Posted By davezan
Re: Whose house is it anyway?

Ask them what would they do if someone did something in their premises they do
not like. Somewhat funny that some folks forget they can also dictate what isn't
and is allowed in their own...
Forum: Main Internet Marketing Discussion Forum 2nd August 2012, 03:41 AM
Replies: 43
Views: 2,212
Posted By davezan
Re: Using brand name in a domain (risky or not)?

Sub-domain is (currently) fine, although it ultimately depends on who you might
deal with like the trademark holder.
Forum: Main Internet Marketing Discussion Forum 16th July 2012, 11:32 PM
Replies: 15
Views: 619
Posted By davezan
Re: Is it LinkedIn name bound by Copyright?

To a point. Just that it's practically easier to avoid trademarks, although it's still
possible if one knows what s/he's doing or getting into.
Forum: Main Internet Marketing Discussion Forum 28th June 2012, 06:54 AM
Replies: 5
Views: 1,425
Posted By davezan
Re: Margin on domain names

And straight from the registrars themselves:

Namecheap Blog » A Heart to Heart to Our Customers from Namecheap Regarding Renewal Coupons...
Forum: Main Internet Marketing Discussion Forum 20th June 2012, 05:22 AM
Replies: 43
Views: 1,615
Posted By davezan
Re: ?? Angry Google ?? - GOOGLE in Domain Name

Heh, someone else thought so:

http://domains.adrforum.com/domains/decisions/1434643.htm

But...that's Google for ya.
Forum: Main Internet Marketing Discussion Forum 19th June 2012, 06:17 PM
Replies: 4
Views: 479
Posted By davezan
Re: SEO is Trademarked

Bolded some parts for emphasis. OTOH, this shouldn't be treated as necessarily
an excuse to "ride" on someone else's hard work for your benefit.

If anything, it depends on usage or context.
Forum: Main Internet Marketing Discussion Forum 12th May 2012, 09:36 PM
Replies: 19
Views: 7,416
Posted By davezan
Re: Is Godaddy's Backorder Legal? My Very Own Domain Name Can Be Back-ordered!

Correct, though that depends on the registrar's or backorder provider's policies.
Go Daddy has that somewhere in their site, which is weirdly not showing up for
me for now.
Forum: Main Internet Marketing Discussion Forum 8th May 2012, 06:15 PM
Replies: 2
Views: 635
Posted By davezan
Re: How do I buy an expired domain?

You can either backorder it with big players like SnapNames or NameJet, or wait
(and risk) for it to be available 35-36 days from the domain's last updated date.
Redemption period is 30 days,...
Forum: Main Internet Marketing Discussion Forum 25th March 2012, 09:30 AM
Replies: 8
Views: 1,452
Posted By davezan
Re: Can You Believe This! Namecheap Blunder...

Personally I'd say at least 30 days before expiration to give time to do something,
especially if - knock on wood - issues occur. You could always do auto-renew at
the registrar's current rate that...
Forum: Main Internet Marketing Discussion Forum 20th March 2012, 07:07 PM
Replies: 25
Views: 6,659
Posted By davezan
Re: Godaddy is selling my expired domain name for $500

That's because, alas, you can't sell what you no longer own or possess. You can
try selling those names elsewhere like maybe NamePros, but that's risky if they're
going to delete soon due to...
Forum: Main Internet Marketing Discussion Forum 11th March 2012, 06:00 PM
Replies: 36
Views: 3,081
Posted By davezan
Re: Are YOU Using Other People's RSS Feeds Illegally?

Not much to say here except to share what I read before about RSS and copyright issues:

On Shyftr and copyright infringement | Internet Cases | technology law attorney | copyright | trademark |...
Forum: Main Internet Marketing Discussion Forum 11th March 2012, 05:27 PM
Replies: 29
Views: 4,021
Posted By davezan
Re: Is It Safe To Use A Brand Name In Your URL?

Or cease and desist (C&D) letters, really. DMCA addresses copyright rather than
trademark issues. Besides if you'll notice, there's no "T" for trademark in DMCA.

Funnily in my ex-registrar life,...
Forum: Main Internet Marketing Discussion Forum 11th March 2012, 05:06 PM
Replies: 29
Views: 4,021
Posted By davezan
Re: Is It Safe To Use A Brand Name In Your URL?

Heh, I explained it that way because the OP (and some people) understand URL
instead of domain name. The two are often used interchangeably, even though
they're indeed not the same thing.


...
Forum: Main Internet Marketing Discussion Forum 26th February 2012, 10:22 AM
Replies: 105
Views: 13,576
Posted By davezan
Re: InDigitalWorks.com - UNOTHORIZED DOMAIN NAME TRANSFER - PLS HELP!

While it can feel that way, especially if the registrar eventually says, "Sorry but
we can no longer help you", there are times they can at least try:

Project #FreeDavidWalshDotName = SUCCESS! »...
Forum: Main Internet Marketing Discussion Forum 15th February 2012, 08:30 AM
Replies: 45
Views: 3,170
Posted By davezan
Re: Just Received Cease & Desist -- What Should I Do Now?

Before the next person tells the OP what to do other than talk to a lawyer:
Forum: Main Internet Marketing Discussion Forum 5th February 2012, 12:13 AM
Replies: 47
Views: 1,727
Posted By davezan
Re: US Gov has seized 307 domain names - NFL - really??

Which it always has been for the most part. It's probably the details that lots
of people aren't necessarily aware of, and sometimes need to be worked out.

While this shouldn't be treated as an...
Forum: Main Internet Marketing Discussion Forum 21st January 2012, 03:01 AM
Replies: 275
Views: 11,557
Posted By davezan
Re: MegaUpload Shut down by Feds

U.S. extradites Panama's ex-leader Noriega to France - USATODAY.com (http://www.usatoday.com/news/world/2010-04-26-Noriega_N.htm)



Alleged Spouse Killer and Producer Awaits Extradition to...
Forum: Main Internet Marketing Discussion Forum 20th January 2012, 08:28 AM
Replies: 275
Views: 11,557
Posted By davezan
Re: MegaUpload Shut down by Feds

I noticed a lot of people complaining about that. And I think it is largely in part
due to not being fully aware how the law is actually spelled out.

In the U.S. at least, their 4th amendment...
Forum: Main Internet Marketing Discussion Forum 19th January 2012, 09:57 PM
Replies: 84
Views: 3,145
Posted By davezan
Re: Bought a PR4 Domain from auction and now the original owner wants it back

Just tossing these out for you to be aware of, OP.

In my ex-registrar life, I was made aware of a case where we (sigh) took back a
domain name acquired by someone in an auction. This was a...
Forum: Main Internet Marketing Discussion Forum 10th January 2012, 12:20 AM
Replies: 11
Views: 489
Posted By davezan
Re: trademark domain question

Bleu, that form you're referring to is the Uniform Dispute Resolution Policy (UDRP)
as mentioned earlier. It costs money to pursue that, and you still have to prove
your claims. (especially through...
Forum: Main Internet Marketing Discussion Forum 5th January 2012, 08:27 PM
Replies: 9
Views: 478
Posted By davezan
Re: How to avoid legal issue with domain name

USPTO is not the only trademark database in the world, not inclusive of common
law or unregistered trademark rights - especially in other places - as Gene said.

A way to avoid this...
Forum: Main Internet Marketing Discussion Forum 1st January 2012, 09:34 AM
Replies: 22
Views: 2,063
Posted By davezan
Re: Quick Basic Legal Question - Can someone use my trademark in their domain name?

In fairness, the OP asked a "quick basic legal question" instead of "legal advice",
although both can be the same thing depending on the situation.



WIPO Domain Name Decision: D2008-0640...
Forum: Main Internet Marketing Discussion Forum 28th December 2011, 09:06 PM
Replies: 15
Views: 586
Posted By davezan
Re: Best way to secure a domain name

What is your process for handling expired domain names? | Go Daddy Help | Go Daddy Support (http://support.godaddy.com/help/608/what-is-your-process-for-handling-expired-domain-names)
Forum: Main Internet Marketing Discussion Forum 27th December 2011, 08:11 PM
Replies: 33
Views: 1,027
Posted By davezan
Re: Is taking someone's .com fair game?

Registration isn't required for a trademark to exist as long as somebody uses it
as a trademark (a.k.a. common law trademark). If they are using the term/s to
advertise their services, then they...
Forum: Main Internet Marketing Discussion Forum 27th December 2011, 04:14 AM
Replies: 12
Views: 467
Posted By davezan
Re: domain name and trademark/copyright question

http://www.warriorforum.com/main-internet-marketing-discussion-forum/482559-trademark-names-domain.html
Forum: Main Internet Marketing Discussion Forum 22nd December 2011, 04:55 AM
Replies: 26
Views: 951
Posted By davezan
Re: If You're So Smart... Don't Ask!

YouTube - Broadcast Yourself.
Forum: Main Internet Marketing Discussion Forum 8th December 2011, 08:40 PM
Replies: 17
Views: 696
Posted By davezan
Re: Is this even legal?

It ultimately depends why you want to do it, and who you're dealing with.

If, say, you want to use someone's trademark in your domain name to criticize or
make fun of without making money off of...
Forum: Main Internet Marketing Discussion Forum 5th December 2011, 10:40 PM
Replies: 29
Views: 1,614
Posted By davezan
Re: Am I not allowed to use trademark names ANYWHERE in the url?

Interesting thoughts, Kurt. Thank you.



Mitsakis, remember that this is about trademarks, not copyrights. While both of
them involve intellectual property, they have their own functions and...
Forum: Main Internet Marketing Discussion Forum 5th December 2011, 06:59 PM
Replies: 29
Views: 1,614
Posted By davezan
Re: Am I not allowed to use trademark names ANYWHERE in the url?

YouTube - Broadcast Yourself.

Other than semantics or nomenclature, what's the difference between a URL and
a domain name if/when they both give the impression of its trademark holder?
Forum: Main Internet Marketing Discussion Forum 1st December 2011, 07:59 PM
Replies: 10
Views: 529
Posted By davezan
Re: Potential Problem with domain name choice?

Actually, it might be better to do a Google search instead like "word trademark".
USPTO only lists registered trademarks and pending applications, and not those
of common law ones or from outside...
Forum: Main Internet Marketing Discussion Forum 27th November 2011, 08:01 AM
Replies: 29
Views: 768
Posted By davezan
Re: Domain expiring catching

If the domain name's status line indeed says Pending Delete, then count about
5 and 1/2 days from its last updated date. Its last registrant can no longer get
it back at this point, and will have...
Forum: Main Internet Marketing Discussion Forum 18th November 2011, 04:55 AM
Replies: 41
Views: 3,055
Posted By davezan
Re: Porn Stars Name In Domain?

Or some people just want the OP to know what else to expect to make a much
more informed decision? It's his butt on the line after all, especially since other
people's behavior doesn't always...
Forum: Search Engine Optimization 10th November 2011, 06:46 PM
Replies: 10
Views: 707
Posted By davezan
Re: How to Combat Fraudulent Negative Reviews for my Business?

I know it's not much, but why not just give your side? Something like this:

"Hi there. I'm (name) from (business), and I'd like to give my side.

The person who posted the review above (or...
Forum: Main Internet Marketing Discussion Forum 9th November 2011, 06:08 AM
Replies: 42
Views: 1,370
Posted By davezan
Re: Can i use "face-book" in a domain name?

I realize you're trying to reassure yourself it's okay. Unfortunately it's not, and it
is probably a matter of time before Facebook discovers that site and gets it shut
down. (unless they maybe got...
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