Quote:
Originally Posted by V_RocKs
How much does it really matter if it is? Lets think about it...
You can use it and promote someone else's program... They take you to court... The judge sees Top Buck's argument that they have been allowing certain advertisers to use the mark for promotional reasons. This other guy isn't an advertiser of the product associated with the mark. The judge rules that the guy either can advertise the site in question or give the mark to Top Bucks. It is pretty plain and simple...
And now lets look at the likelihood of someone using something like HerFirstBigCock and sending the traffic to Monster Cock Junkies. The surfer was searching for Her First Big Cock and doesn't really care for MCJ. So the conversions would be less than to send it to TB. It'd make NO SENSE!
So now lets say the owner of MCJ buys a domain for HFBC and he sends it to his own site. Somehow he gets #1 in Google. Now TB contacts their domain squatting affiliates and puts a price on their head. Instead of paying a lawyer 1000's they pay an affiliate $1000 to beat the other guy or get TB's own domain to #1...
And for the record... If you own a site and you cannot beat your affiliates to #1, you have something seriously wrong with your linking codes, etc... Cause getting #1 is pretty fucking easy since 95% of your affiliates have 1000's of links into your domains.
BTW, these programs all own their trademarks for their logos, site names, etc and copywrites to their content... Yet somehow they allow you to use it all to promote them. A domain name is NO DIFFERENT than your logo!
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Your scenario, no offense, is full of speculative and assumptive assertions. First off, going to court would never play out in a manner that is so definitive. Second, the cost of going to court would have to be factored in. Next, you have to take in other possibilities, like what if the domain promotes not just the TB site but other competing sponsors in the same niche and makes it not so black and white and a judge and jury has to figure that grey area out for themselves.
I don't really understand what you are saying in that paragraph about price on the head and getting another affiliate to beat the one out. How is that a convenient solution?