Crap - Cease and Desist

Sandman

New member
Aug 15, 2010
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Cease and desist letter from overstock.com, because of domain overstock-coupon-code.XXX. example. It was an adsense site.

Are sub domains free game? Like buy.couponcodehelp.com?

Shut it down and they go away or respond with? Anyone know of any good counsel with this expertise?

Thought the word buy was general enough. Anyone with experience on these?
 


Subdomain is the same as regular domain. but I'm pretty sure you are leaving out the bit where you mentioned overstock.com on the landing page, or used their logo somehow. There is a trademark on 'overstock.com' as obviously they couldn't do 'overstock'.
 
Yep, honestly I didn't even realize I couldn't do that. If that's what caused the letter it was easy to avoid, damnit! So the trademark problem isn't with the domain, but because I used Overstock.com on the landing page. Knew enough to stay away from their logo.

I thought I was helping to direct customers to their coupons. win-win guess not.

I set up the site as an overstocked merchandise/liquidation site. Not an overstock site per say. With affiliates like overstockart, ebay, overstockjewelery and others.

Hope someone can point me to a good trademark lawyer, need to find out if just removing the reference from any of the pages would comply with trademark laws or?

Took the site down immediatly until I can find out more. I thought I had an idea of the trademark laws, I guess I should get reading.

Thanks insomniac
 
Is the amount of money you're making off the site worth getting a lawyer over?
 
Had a similar situation just deleted the site and gonna let the domain expire. I always wanted to host it off shore and see what would happen.

try that if it makes decent $
 
Had a similar situation just deleted the site and gonna let the domain expire. I always wanted to host it off shore and see what would happen.

try that if it makes decent $


Your leaving out the money trail. No good in hosting offshore if the money is being paid to you from an american company
 
Just let it go, and do something else. If the domain has the word "overstock" in it and was promoting Overstock.com then they would have an extremely easy time taking the domain from you via WIPO. The reason you got a C&D instead was that they decided you weren't enough of a threat to warrant paying the $1,500 fee to get the ball rolling on a complaint -- not because they think they can't get you FUBARd by your host, your registrar, AdSense, etc. They're taking the easy route first, and frankly it sounds like you should as well.


Frank