JP Morgan Chase Strikes Again!

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Unarmed Gunman

Unarmed Gunman

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May 2, 2007
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So after the first email they sent me, I made two small changes to the website at Chase-Sucks.com.

* I removed the affiliate offer to a competing credit card. all I have up is an H&R Block offer and myFICO, neither of which competes with them.

* I removed the picture of a Chase branch location, and replaced it with a friendly message for Chase Representatives.

I emailed them and asked that they state any concerns they might have in writing and provided my business address. They responded (in email, of course), and advised me that I should give them the domain immediately!

Here is the 2nd letter:

JPMorgan Chase & Co.
We are writing on behalf of JPMorgan Chase & Co. and its subsidiaries (collectively, “JPMorgan Chase”) to you, as the registrant of the Internet domain name chase-sucks.com.

JPMorgan Chase has well-established rights to Chase, as its trademark for banking and financial services. JPMorgan Chase’s trademark rights in Chase are based on the long-standing and extensive use of Chase by our firm or its predecessors. JPMorgan Chase owns trademark registrations that consist of or contain Chase.

Our firm has determined that its rights to its famous trademark Chase are being infringed by chase-sucks.com and by confusing content that appears on the website located at this domain name address. If you believe that your use of Chase at chase-sucks.com has been authorized by JPMorgan Chase, please specify the source of this authorization and the date on which you received it.

If you have not received such authorization, our firm demands that you immediately take the following steps:

-Discontinue all use of chase-sucks.com.

-Unlock the domain name registration and send the applicable authorization code to us at brandprotection@jpmchase.com, so that we can transfer the registration for chase-sucks.com to JPMorgan Chase’s account. (~emphasis mine)

Please do not open a new account for chase-sucks.com in response to this demand.

JPMorgan Chase would like to resolve this matter amicably if at all possible. Please respond in writing to brandprotection@jpmchase.com within ten days from the date of this message. Otherwise, our firm will assume that you are unwilling to comply with this demand. In that event, JPMorgan Chase will take all steps that it deems necessary to enforce its trademark and other legal rights.

JPMorgan Chase looks forward to a prompt reply to this message.

JP Morgan Chase Brand Protection
301 N. Walnut Street
1CC - 17th Floor - DE1-0175
Wilmington, DE 19801
Fax: 1-302-282-3001
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So now I'm thinking I should be good. I don't see how they can win a fucking thing in court. It feels like they're just trying bully tactics, but maybe I missed something. Advice?
 


Try to find case information about walmartsucks.com and paypalsucks.com. I'm pretty sure both of those domains had the same situation, but the owners prevailed.
 
fuck them, take it to court... make sure you send out plenty of press releases too...

let the people know that government bailout money is being used to sue their detractors... might make for an interesting story if written with the right slant...
 
You met their previous demands, and in that previous letter I seem to recall they said they had no issue with you owning the domain, so I would quote that and tell them to stuff it. Be prepared to defend a UDRP or WIPO case with the facts and as johu said, look to previous "sucks" cases for tips as I'm pretty sure it is well within the realm of free speech for you to operate such a site. You may also want to speak to a TM/Domain Lawyer.
 
I think the other "sucks" cases were all allowed to keep their domains as long as they didn't have any advertising, but I can't guarantee that and a quick google search couldn't find any specifics... but it's something that should probably be looked into a bit further if someone else knows about this.
 
_poto_ said:
fuck them, take it to court... make sure you send out plenty of press releases too...

let the people know that government bailout money is being used to sue their detractors... might make for an interesting story if written with the right slant...
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Good idea !

 
Could also email the folks owning paypalsucks, bestbuysucks, etc etc and ask them for information. I'm sure they'd gladly least shoot back some info.

http://www.paypalsucks.com/domain-name-disputes.shtml

Many people have written regarding domain name issues and copyright/trademark law. This site is allowed to use the "paypalsucks.com" and "nopaypal.com" domains (and others) because it's free speech and there are exceptions to the trademark/copyright laws that allow for such use. (Satire, parody, criticism, news gathering & social commentary value, etc.) If you are involved in a domain name dispute, you can use the sites below to learn about the law and maybe find an attorney to help you. Just realize, not every domain is protected. It has to be used, it has to be used in a way consistent with the law, and you should have the site up and running immediately, not wait till their attorney contacts you.
ChillingEffects.org
Dan Tabios
Electronic Frontier Foundation
Center for Democratic CommunicationsNational Lawyers Guild
Public Citizen
California Anti-SLAPP Project - Two pages of cases!
JohnDoes.org
Since putting up this site 5+ years ago, I've become very knowledgeable about this area of domain name disputes. So if you have found yourself in a similar situation, here is my advice:
I'm not an attorney. None of this is legal advice, but only general advice. Use the links above to find a real attorney to help you.

This advice applies only to "Companysucks.com," "CompanyBlows.com," "IHateCompany.com," etc. type domains.

When you register the domain, put up a site immediately. The more you put into the site, the better your case is to defend it. A page of links is a start, but don't depend on it. You should have more. Forums and guestbooks are required in my opinion. You need to be able to let others have their say too. Thus, not only does the domain in question allow you your freedom of speech, but it also facilitates that right in everyone, and that pretty much guarantees a First Amendment defense success.

Always state your gripes directly and without a lot of emotion. Eliminate the cursing and vulgarity if you want to be taken seriously. Don't put up a naked picture of a person with the CEO's head superimposed on it. Very bad form.

Read the sites listed above. There are a lot of laws in your favor. In fact, the only sites I'm aware of that have been taken down are those that didn't respond to the WIPO complaint or threat letters from the lawyers, and those that simply redirected the domain to a porn site.
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rest in link.
 
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