barnsandnoblessite.com

[hdfor]

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
there products .. :sold:

 

[labrocca]

You = loser

BN = winner

nuff said

You don't appear to be able to comprehend some basic things so I won't bother to explain any of them.

 

[Dave_Z]

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!!!!

READ YOUR AFFILIATE AGREEMENT!!!

If you did that in the first place. Otherwise, you just learned a hard lesson the
hard way.

You may find it unfair all you want. But if you didn't read and understand your
agreement with them, who's to blame?

 

[fonzie_007]

MOST THAT CAN HAPPEN AT THIS POINT IS THAT THEY CAN TAKE THEM ..

Not true. They also potentially can get you to pay their high priced lawyer's fees and possibly get damages from you. Before you start dictating to others what the law is, make sure you know what it allows.

 

[jberryhill]

with my barnes and nobles affilliate link

Your relationship with Barnes & Noble is governed by their affiliate agreement.

It is a contract between you and Barnes & Noble.

Whether what you have done is "okay" in some cosmic sense has NOTHING to do with whether you abided by the terms of your contract with Barnes & Noble.

The affiliate agreement is here:

http://www.barnesandnoble.com/affiliate/agreement.asp?z=y

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."

Now, what part of that do you not understand?

As an affiliate, those are the terms to which YOU agreed.

On edit: ah, that's what I get for jumping the gun. B33R nailed it.

 

[Kadenz]

You asked for feedback and we're giving it to you and we're telling you the truth, Barnes and Nobles owns the rights to those trademarks and I would think that it is cheaper just to give up those domains than hire a lawyer and go through some lawsuit that you'll probably lose anyways.

 

[barefoottech]

. I did not use my domain names to promote nothing other then
their products ..

That is EXACTLY why the complaint was made . If you were selling Cans of Coke and Burgers ,than there would be be no confusion on the part of consumers (surfers) .

 

[DNQuest.com]

I didn't think we were hired as affiliates, we are sign up to be an affiliate, they accept your application, in turn, we agree to THEIR terms. (in this case, BN affiliates may not use BN TMs).

This is a hard lesson, but be warned, the penalties and consenquences for cybersuatting maybe be one or all of the following (or any combination thereof):

payment to the TM of ALL monies earned from the domains
payment of all legal fees
punitive damages
fined up to $100,000 per occurenace (meaning each TMed domain you own)
labeled a squatter and having that used against you in future disputes

This is a losing battle, just do as they ask

 

[flishess]

when you join as an affilate you are not hired to work for them... you can moan all you want.. there are laws that force you to abide be trademark infringement. If it was your company you would do the same.

 

[hdfor]

sorry but yhat is what i was told directly from

Not true. They also potentially can get you to pay their high priced lawyer's fees and possibly get damages from you. Before you start dictating to others what the law is, make sure you know what it allows.

Sorry but i was told this directly from arbatration now barns and nobles they could come back and sue and maybe they will i dont have no money or own anything iwould just have to include then in a bankrupsy that is why iwas earn money .....all i wanted was the money back that i spent... i think that they should have offer this back
if nothing else.... or i should be allowed to own the domain names but not to put them to use..it was my hard earned money that was spent ...so i used them like iwas directed to ... i paid for them ..there were no money made off of them ,,, they are getting well listed domain names for free // I now understand that they own the trade mark all yhat was a big mistake on my part for not reading all the agreement ... io did put alot of time in this cory rudis ideal and i had bought one of his proograms that explained how this works so could i gpo back on that and sue it did not state that it was btreaking any rules or laws ?

 

[DNQuest.com]

It doesn't work that way. You did something that was illegal, nobody needs to compensate you for anything. And you could lose alot more...

 

[hdfor]

i think a few of you are very rude in your comments i just asked for for advice and oppions not to be down graded for what i thought was faiir weather it was right or wrong

 

[Devil_Dog]

i think a few of you are very rude in your comments i just asked for for advice and oppions not to be down graded for what i thought was faiir weather it was right or wrong

I don't think anyone is being rude. You're just being extremely dense and hardheaded about the truthful advice that is being passed.

 

[Epic]

You were profiting from their trademark.

They have every right to take it from you.

 

[jberryhill]

You were profiting from their trademark.

They have every right to take it from you.

In the absence of the specific terms of the affiliate agreement, I'm not sure I agree with that proposition.

A bar that hangs a "Budweiser" neon sign in the window is profiting from the Budweiser mark. Ditto a supermarket that hangs a "Coca-Cola two for five dollars" sign in the window.

In a basic sense "profiting from someone else's trademark" is what EVERY retailer is doing, just as Barnes & Noble is profiting from the copyrights of every author of every book in their store. That's what people are SUPPOSED to do.

The OP seems to get that, but didn't seem to get the "catch" in the affiliate agreement wherein he specifically agreed not to use BN marks in URL's.

 

[JYM]

But this is obviously a trademark infringement... there is no way you can get a domain with barnes and nobles without profiting from it... unless you were to sell rugs for example and decided you would use that name.

This is similar to google names... plenty of people reg them, stick a google button or search there and say they are promoting google's services. However, it is still trademark infringement nonetheless and they are asked to transfer their domain to google or be taken to court.

These domains should never have been registered, so it's your waste of money.

 

[Dave_Z]

i think a few of you are very rude in your comments i just asked for for advice and oppions not to be down graded for what i thought was faiir weather it was right or wrong

Well, you're gonna have to expect this sort of thing from now on. No matter
what forum you participate in, there are people who post seemingly rude but
sometimes meaningful comments.

Try to look outside the form and into the substance. The substance is more
important, after all.

But if you feel it's too much for you, then come back at a later date when you
regained your cool.

 

[DNQuest.com]

Rude?? no, just being blunt when someone wants to argue in circles when they are clearly wrong.

 

[fonzie_007]

Instead of complaining how rude people are here, you should be thanking posters for their candid comments that could save you thousands of dollars.

 

[B33R]

Seeing as this thread shows no signs of stopping I'll comment again!

I think DNQuest summed it up pretty well. Hopefully you've learned an important lesson (READ the affiliate agreement when you sign up to it) and that you've handed them their* names back. (*I use "their" because they are their trademarks - you can't dispute that!)

Rude?? no, just being blunt when someone wants to argue in circles when they are clearly wrong.

To be honest, "blunt" sounds about right. You'd expect people to start getting pissed off when they're all telling you the same thing and you just don't want to listen.
Hopefully you've now understood why we've said all that and that you have no "rights" to them because you broke the affiliate agreement you signed up for.