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This is pathetic


themoo

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Sounds to me like you simply missed a beat. Someone else picked up on it and bought the name.. key word bought!! not stole the name and now your just all pissy that they beat ya to it.. look at all other sites on the web.. they always buy similar names to avoid this from happening to them.

You simply f_cked up and they didn't.. go on with life and your business and don't advertise your mistake or their business

Always accentuate why your better not why their worse or stink. It's low class but maybe that fits.. I'll leave that to you...

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Originally posted by toyking420

Sounds to me like you simply missed a beat. Someone else picked up on it and bought the name.. key word bought!! not stole the name and now your just all pissy that they beat ya to it.. look at all other sites on the web.. they always buy similar names to avoid this from happening to them.

You simply f_cked up and they didn't.. go on with life and your business and don't advertise your mistake or their business

Always accentuate why your better not why their worse or stink. It's low class but maybe that fits.. I'll leave that to you...

I bought most of the names and missed njguidos....Again I do not fear its circumstances rather am upset about the fact that someone who has faked being friendly in the business ansd has backstabbed me. Again I am not worried about what will happen but I just think it is also my right to point out the snakes in the business. We used to in a sense all work with an understanding but now I know better. I am really just a little pissed at the fact that I've done all I can to treat them with business respect and now people like this try to take advantage of you. They didn't steal the name NJGUIDOS they bought it.....It's like irrigation...you spend a year digging a trench to supply your village with water and some guy just comes along and attaches his trench to yours stealing your water. That is how I see it. In the meantime these people play you like a fool and make believe that they aren't doing the obvious.

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Originally posted by themoo

I bought most of the names and missed njguidos....Again I do not fear its circumstances rather am upset about the fact that someone who has faked being friendly in the business ansd has backstabbed me. Again I am not worried about what will happen but I just think it is also my right to point out the snakes in the business. We used to in a sense all work with an understanding but now I know better. I am really just a little pissed at the fact that I've done all I can to treat them with business respect and now people like this try to take advantage of you. They didn't steal the name NJGUIDOS they bought it.....It's like irrigation...you spend a year digging a trench to supply your village with water and some guy just comes along and attaches his trench to yours stealing your water. That is how I see it. In the meantime these people play you like a fool and make believe that they aren't doing the obvious.

What they are doing is illegal...It is called the Anti-Cyber Squatting Act!!!

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Originally posted by whataboutme

What they are doing is illegal...It is called the Anti-Cyber Squatting Act!!!

Anticyberquatting Consumer Protection Act

What You Need to Know About the ACPA

On November 29, 1999, President Clinton signed into law the "Anticybersquatting Consumer Protection Act" (ACPA). This law adds section 43(d) to the U.S. Trademark Act of 1946 and creates a cause of action for "cybersquatting" on famous trademarks. The ACPA also creates a federal cause of action for cybersquatting on a person's name without his or her permission. As a domain name reseller, you need to know about this law.

What the ACPA Covers

Under the ACPA, a person may face civil liability to the owner of a trademark (or a personal name) if such person:

(i) has a bad faith intent to profit from a mark; and

(ii) registers, trafficks in, or uses a domain name that:

(a) is identical or confusingly similar to a distinctive trademark;(B) is identical, confusingly similar to or dilutive of a famous trademark; or

© infringes a specially-granted trademark such as "U.S. OLYMPICS" or "AMERICAN RED CROSS."

See the entire text of Section 43(d)

A "distinctive trademark" is any trademark that has been registered with the U.S. Patent and Trademark Office or which has been used with goods and/or services for sufficient time that it has acquired "secondary meaning" among consumers.

A "famous trademark" is one that a court says is famous. There are numerous factors that are considered, including the duration and extent of use, extent of advertising, degree of public recognition, and whether the mark was registered with the U.S. Patent and Trademark Office. In practice, a "famous trademark" is one that most people have heard of, on a regular basis, for many years (i.e. Kodak, Exxon, Microsoft).

The important thing to realize about the ACPA is that it distinguishes between a "distinctive" mark and a "famous" mark. Liability is imposed with respect to a "distinctive" mark if the domain name is "identical or confusingly similar." However, liability may be imposed with respect to a "famous" mark even if the domain name is merely "dilutive" of that mark. It is the notion of "dilution" that creates the largest pitfall for domain name resellers.

The term "dilution" means the lessening of the capacity of the famous mark to identify and distinguish goods or services, regardless of whether there is actual competition between the trademark owner and the accused diluter, and regardless of whether the public is likely to be confused or deceived. Thus, McDonalds Corp. could sue the owner of www.McDonaldsBakery.com under the theory of dilution. Likewise, Disney could sue the owner of www.DisneyStinks.com under the same theory. It seems unfair, but that is the law.

http://www.submerged-ideas.com/litigation/anticybersquat.htm

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Originally posted by themoo

I've never had a problem with any other website and I still don't but I got to tell you this.

I purchased many "guido" named websites to protect the traffic and popularity of NJGUIDO.com. Recently I received a phone call from a friend saying type in NJGUIDOS.com (with an "s")

Well you do it....See what it does....

Now back to this post.

I happened to miss purchasing NJGUIDOS.com but clubitup took the opportunity to buy the name and set up a forwarder to their website. Now to everyone outside of the scene here clubitup has made a good move, gaining all of the mistyped traffic destined for NJGUIDO but in this scene don't you think that it is an unethical move especially when sites like NJGUIDO really paved the way for these kids? In the meantime we are often at the same places as them. I have lost all respect for these kids....I thought the fight they got into at Joey's was stupid enough. Now this? These kids are really starting to show their true colors and now that I know who I'm dealing with I think you should know too. I used to feel bad for them, but not anymore.

BTW - I really can give half a shit what these kids do now that I know they are snakes.

Is the domain name "www.njguido.com" trademarked? If you were smart you would have trademarked the domain name from the start and could have collected statutory damages and attorney's fees. If it IS trademarked, you *potentially* have a lawsuit for trademark infringement.

I know in cases like this where the domain name was trademarked and another party purchased a confusingly similar name with the intent of diverting business from the original domain name owner, damages in excess of half a million have been awarded, plus costs.

EDIT: I'm not an IP attorney but remember quite a bit of IP law from law school, you should at least discuss it with an IP attorney if it pisses you off that much. The grounds for a lawsuit are potentially there.

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Originally posted by £ddie

Is the domain name "www.njguido.com" trademarked? If you were smart you would have trademarked the domain name from the start and could have collected statutory damages and attorney's fees. If it IS trademarked, you *potentially* have a lawsuit for trademark infringement.

I know in cases like this where the domain name was trademarked and another party purchased a confusingly similar name with the intent of diverting business from the original domain name owner, damages in excess of half a million have been awarded, plus costs.

EDIT: I'm not an IP attorney but remember quite a bit of IP law from law school, you should at least discuss it with an IP attorney if it pisses you off that much. The grounds for a lawsuit are potentially there.

It is trademarked

Again, I'm not legally after these kids, it is just suprising that these kids are going to stand next to me in a club and act like its ok to do that to someone. Again I am not worried about them but just shocked at their intentions.

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Originally posted by themoo

It is trademarked

Again, I'm not legally after these kids, it is just suprising that these kids are going to stand next to me in a club and act like its ok to do that to someone. Again I am not worried about them but just shocked at their intentions.

Then why bother to trademark it in the first place? Personally, I'd gladly put them into bankruptcy. If you're willing to let someone infringe on your legal rights, then do nothing about it, then you should quit complaining altogether.

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Originally posted by £ddie

Then why bother to trademark it in the first place? Personally, I'd gladly put them into bankruptcy. If you're willing to let someone infringe on your legal rights, then do nothing about it, then you should quit complaining altogether.

I agree. Moo sure them.

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Thanks for your responses. I am not going to take legal action against them at this point. I simply ask these clubitup people......What good ever comes out of ruining a clean business relationship? Nothing... They took a legitimate shot at me.....If it was a shot that was going to really really benefit them, I may understand but in this case, the minimum traffic help they will receive is not worth the shot they took in an industry built around relationships.

But anyways....Who cares.....Clubitup enjoy your extra hits....I hope it was worth it for you.

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Originally posted by themoo

I've never had a problem with any other website and I still don't but I got to tell you this.

I purchased many "guido" named websites to protect the traffic and popularity of NJGUIDO.com. Recently I received a phone call from a friend saying type in NJGUIDOS.com (with an "s")

Well you do it....See what it does....

Now back to this post.

I happened to miss purchasing NJGUIDOS.com but clubitup took the opportunity to buy the name and set up a forwarder to their website. Now to everyone outside of the scene here clubitup has made a good move, gaining all of the mistyped traffic destined for NJGUIDO but in this scene don't you think that it is an unethical move especially when sites like NJGUIDO really paved the way for these kids? In the meantime we are often at the same places as them. I have lost all respect for these kids....I thought the fight they got into at Joey's was stupid enough. Now this? These kids are really starting to show their true colors and now that I know who I'm dealing with I think you should know too. I used to feel bad for them, but not anymore.

BTW - I really can give half a shit what these kids do now that I know they are snakes.

That’s the way it is man... I used to work for an ecommerce company and part of the thing I would do was when a new online store was opening we would help them buy up all the important domains. I don’t think allot of people will go to njguidos first so I don’t think it was that slick...But just an FYI you may want to buy NJgiudo.com you would be surprised how many people may type that in.

oh and ps sexybabyD IS snake sssssattachment.php?postid=1641947

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Originally posted by BRIAN1500

What about logo.gif ?

;)

now hold up....

Nada aint tryin to take shit away from moo's site...as a matter of fact--its the opposite really-- The site has just started so not everything is up yet, just some pictures. But i can tell you that they registered the name. This site is just up to show that not everyone who parties in NJ is a guido. Sure there are some guidos in the pics but the point is they're tryin to do it up a lil differently.

In no way are they tryin to steal traffic or anything from moo's site....i can tell u b/c they are all my good friends...

Mike

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