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do you think this is fair


  • 44 votes
  • Ended 21 years ago
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hdfor

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barnsandnoblessite.com

http://www.barnesandnobles.info/

http://www.barnsandnoblessite.com/


http://barnesandnobles.biz/

http://barnesandnobles.name/


http://barnesandnobles.ws/

i am being taken to arbatration by barnes& noble because i used these domain names to promote there products... with my barnes and nobles affilliate link .... do you think this is fair ?

they are wanting to take them from me and give them to barnes and noble after i paid for them and promoted them like you would not beleive.... And have many hours of work in them.

i dont see where i done anything wrong ... i was hired to promote there products and get a small commision of of what they also would have made money on !!!

i just dont understand it ! am i missing something here ?

i feel if they barnes and nobles wanted these domain names

then they should have purchased them ...them selves. And not wait until someone like a affiliate comes up with a great ideal to promote
there product !

.. i did not use my domain names to promote nothing other then
:'( :'( :'( :alien: :$: there products .. :sold:
 
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While I don't know all of the facts of your situation, you are infringing on their trademark (unless you have contracted around that). Just make sure you seek legal advice and read other court decisions, otherwise I have a feeling you are going to get steamrolled by their high-priced suits.
 
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why pay an affiliate when they own the rights to those domains anyway?
its totally fair..
 
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I think if you have been promoting them & them only via their ? affiliate site you may be OK.

However , I see that the link(s) go to WorldBook.com, BikersLeatherDen.info :?

I think you are stuffed for trademark infringement.
 
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they dont own them .. i do

drifta said:
why pay an affiliate when they own the rights to those domains anyway?
its totally fair..
idon't think they own them because i purchased them .. ithink if they had wanted the domain names i purchased they should have !
 
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hdfor said:
idon't think they own them because i purchased them .. ithink if they had wanted the domain names i purchased they should have !


You don't own the TM, they do. You're suggesting every company buy every possible domain with their TM in it to avoid cybersquatters from mooching of their name? They don't want the domain names, I'm sure. They just don't want you siphoning off their traffic and revenue by using their name in bad faith.
 
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wot said:
I think if you have been promoting them & them only via their ? affiliate site you may be OK.

However , I see that the link(s) go to WorldBook.com, BikersLeatherDen.info :?

I think you are stuffed for trademark infringement.
hi thanks for the feed back but at the time before they barnes and nobles fired me as affiliate that was all that i used them for ifeel that if ipurchased them that reason only ..Ihad only trasfored them here latly because ifeel why waste all that work i did promoting them and getting them listed into the search engines ...i can use the traffic there in stead ..there loss my gain .. my work mty domain names ...you know thats how i feel ! they had there chance but no o ne said anything about them for over three months ..until they started getting hits then all of a sudden they want me to give them what i worked hard to create i just hope they the arbatration understands what iwas doing was promoting what i was hired to do ...just doing my job welll!
 
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hdfor said:
hi thanks for the feed back but at the time before they barnes and nobles fired me as affiliate that was all that i used them for ifeel that if ipurchased them that reason only ..Ihad only trasfored them here latly because ifeel why waste all that work i did promoting them and getting them listed into the search engines ...i can use the traffic there in stead ..there loss my gain .. my work mty domain names ...you know thats how i feel ! they had there chance but no o ne said anything about them for over three months ..until they started getting hits then all of a sudden they want me to give them what i worked hard to create i just hope they the arbatration understands what iwas doing was promoting what i was hired to do ...just doing my job welll!
Go ahead and tell that to a judge and see how far you get. :)
 
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thank you for your feed back

fonzie_007 said:
While I don't know all of the facts of your situation, you are infringing on their trademark (unless you have contracted around that). Just make sure you seek legal advice and read other court decisions, otherwise I have a feeling you are going to get steamrolled by their high-priced suits.
Iwas hired as a affiliate with barnes and nobles so i used the domain names i purchased ...to promote only barnes and nobles until they fired me as aa affiliate and wanted me to just give them my domain names .. isaid noway you can purchase them and pay mre for three months of getting them listed into the majar search engines ..after i done all the work ..you see i payed for them for a long time career with barnesand nobles as a afiliate and i feel that all i was doing was just doing my job and doing it well !
 
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While I understand you are angry about this situation, you are not on the winning side of this legal issue. Feel free to hire and attorney--they will charge you upwards of $150/hour and tell you the same thing I have.
 
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It's their trademark.

I'm 99% sure they will have something in their T&C's to cover this kind of situation. Every affiliate I've ever signed up with has that clause - "you can't use typos of trademarks or derivations to promote our products".

Just give them the domains. You can't win this, you're the typo squatter. No matter how much work you put into them, they weren't legally yours in the first place.

EDIT:
http://www.barnesandnoble.com/affiliate/agreement.asp#6 said:
The uniform resource locators (URLs), domain names or other identifiers of the Affiliate Partner Site shall not contain any Barnes & Noble.com Mark or any derivative thereof without the express written consent of Barnes & Noble.com. Such Barnes & Noble.com Marks and derivative include without limitation "barnes," "noble," "barnesandnoble.com," "bn," and "bn.com." Furthermore, Affiliate Partner may not purchase or otherwise contract with third parties to exploit any Barnes & Noble.com Mark or derivative thereof for the purpose of causing the Affiliate Partner Site to appear as a search result or for any other reason.
That's an open and shut case if ever I saw one.

Game over, give them back their trademarks.
 
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lol you're screwed, you've lost already.

Be glad they are only wipo'ing the names and not pursuing a full blown lawsuit.

This has to be the PERFECT example of NOT what to do if you ever get hit with a wipo.

You're also grossly misinformed / delusional if you think you were an "employee" of theirs because you signed up as an affiliate.
 
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hello eveyone thanks for the feed back ..but I think everyone has the wrong picture of this ..here is the story I was hired as a afiliate with barnes and nobles so i get a good ideal at the time to buy some domain names close to there trade marked name the ones i purchased they did not own .. ifeel if they wanted them they shopiuld have bought them just like anyother company done so like ebay ...for example you cant find anything close to there name ..because they protected it ..but any how after i bought the domain names i worked hard many hours of promoting there product that i had my domain names forwarded to my barnes and nobles affiliater link that was the onlything they were used for at the time ...so after they got listed aND I STARTED GETTING HITS THEY BARNES AND NOBLES DECIDES I WAS GETTING ALOT OF TRAFFIC so they fdecided i could not use the way iwas promoting .. i but the way isee it was that they stood a chance of profitting from my work also in a great deal i was only going to get paid for what athey would have sold i got a commion on that only but they are trying to say that it was click fraud .. i cant understand that ...now if i was useing there name for the book world before.. then i could understand the deal with arbtration ...but iwas not and i was just doing my job that i was hired to do ..my way and it was beginning to work well i was getting over ten thosand hits a day ...so tell me why you think they want them domain names ?
after i got them listed .. i did offer to sell them back to them for what i had in them but they refused and they said i was trying to exstort them or something like that but all iwasnt was payed for my time of promoting them and what i paind for the five domain names ...thats not asking to much.. but i did get them appraised as a afriend instructed me to do so ..and sent them the appraisal vaule just so he would know that i know what they were worth
but understand i didn not ask for that amount not one time one of them is worth over a 10000.00 dollars but i only wanted my 8.00 dollars back plus tobe paid for the time of promoting them...big differance
 
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Moved to: Legal Issues & Disputes
 
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B33R said:
It's their trademark.

I'm 99% sure they will have something in their T&C's to cover this kind of situation. Every affiliate I've ever signed up with has that clause - "you can't use typos of trademarks or derivations to promote our products".

Just give them the domains. You can't win this, you're the typo squatter. No matter how much work you put into them, they weren't legally yours in the first place.

EDIT:That's an open and shut case if ever I saw one.

Game over, give them back their trademarks.
i don't understand that ..what do you mean they were not legaly mine .. i had worked hard for the money to purchase them ..if they were not legal then why are they legaly sold ..i feel if they can be sold then ishould be able to use them any way i feel like useing them..if they had wanted them to be a part of there trade mark then i feel they should have purchased the just like any other company does ...for example try and get one like ebay ..impossable they coverd that ?
 
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you may want to take a looksies at uspto.gov
 
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but wooooo!

Phronesis said:
You don't own the TM, they do. You're suggesting every company buy every possible domain with their TM in it to avoid cybersquatters from mooching of their name? They don't want the domain names, I'm sure. They just don't want you siphoning off their traffic and revenue by using their name in bad faith.
again Iwas a affiliate iworked for them and used them for there gain and mine i only got paid if they made money to that is what i was hired to do!!!!
 
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maybe you should try to get unemployment?
 
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Smith said:
maybe you should try to get unemployment?
always got tobe some kind of jokerster ...reall fuuunnny...lololololoooo
icant't stop laughing :hehe: :hehe: :hehe:

Devil_Dog said:
Go ahead and tell that to a judge and see how far you get. :)
I'TS NOT A CRIME ..MOST THAT CAN HAPPEN AT THIS POINT IS THAT THEY CAN TAKE THEM .. I JUST SAID MY SIDE OF THE STORY AND THERE AND THERE IS A PLACE I CAN USE THESE NAMES IT BARN S ONNOBLE STREET ABOUT A SMALL BOOK STORE RUNNING OUT OF ROOM AND MOVE IT TO MAIN STREET BARNS ON NOBLE .ST - http://barnsonnoblest.blogspot.com
BARNS ON NOBLE .ST - http://barnsonnoblest.blogspot.com
 
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Why are you trying to argue against this? By acting immature like this what else do you expect people to tell you? Even if a person here tells you "You can win this battle 100%" what good does that do for you?

Arguing on the internet is like running in the special olympics, even if you win your still retarded. I know sounds a bit harsh....
 
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