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Old 10-16-2012, 01:35 PM   #1
r00bz
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FumbleUPorn being sued?!

Hi there, I just received this email...


Quote:
I am writing on behalf of StumbleUpon, Inc. concerning your business and web site on the domain fumbleuporn.com. Your business and web site is using the registered name and (nearly identical) registered logo of StumbleUpon, Inc. creating confusion as to an possible association with StumbleUpon and tarnishing StumbleUpon's business and goodwill associated with its intellectual property. These actions infringe trademarks held in the United States and in territories throughout the world by StumbleUpon, Inc.

In addition, StumbleUpon owns a patent in the United States on the Method and System for Single-Action Personalized Recommendation and Display of Internet content, that is the essence of StumbleUpon. Your business and web site appears to be using the same or similar functionality which may infringe the StumbleUpon patent.

We hereby demand that you immediately remove and disable the fumbleuporn.com web site, immediately cease and desist from using the fumbleuporn name and logo, and terminate the use of the similar technology and process to the StumbleUpon patent.

Please report back to me by Monday, October 22 to inform how you have complied with these requests. StumbleUpon treats violation of its intellectual rights as a serious issue and intends to pursue all available rights and remedies.

Your business and web site appears to be using the same or similar functionality SOOOOO.... I develop the site with my OWN hands! and WTF with "similar"??


Your business and web site is using the registered name and (nearly identical) registered logo OK. what about youporn, youjizz, etc? did they got sued for that?
The only word similar in the domain is "umble"... and about the logo well its just a wtf...

Im new in this business and I will appreciate your help about what to do...

Thanks
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Old 10-16-2012, 01:46 PM   #2
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offer to sell them the website for $10,000.
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Old 10-16-2012, 01:48 PM   #3
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Take a picture of your cock and send it back to them
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Old 10-16-2012, 01:50 PM   #4
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Old 10-16-2012, 01:53 PM   #5
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Old 10-16-2012, 01:54 PM   #6
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You knew this day would come.
nice help bro...
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Old 10-16-2012, 01:56 PM   #7
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How big is your wallet? Right or wrong, legal battles are expensive.
Personally I have just shut down my sites when I start getting threatened over trademark issues from absolute vodka, Godzilla rights holders etc, but they have never been my main business.
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Old 10-16-2012, 02:01 PM   #8
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Originally Posted by shake View Post
How big is your wallet? Right or wrong, legal battles are expensive.
Personally I have just shut down my sites when I start getting threatened over trademark issues from absolute vodka, Godzilla rights holders etc, but they have never been my main business.
Well, I live in a third country and Im not getting benefits with the site so my wallet is not big
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Old 10-16-2012, 02:04 PM   #9
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See and call

Not legal advice but a bit of general interest from a WIPO judgement we won;

Quote:
the burden of proof lies with the Complainant to show each of the following three elements:

(i) the Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(ii) the Respondent has no rights or legitimate interests in respect of the Domain Name; and

(iii) the Domain Name has been registered and is being used by the Respondent in bad faith.
Then send them the picture of your cock ... entitle it "blow me".

umble is not a word either. Register stumbleupyourass.com for a backup plan >:0)
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Old 10-16-2012, 02:09 PM   #10
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your best defense is parody i guess.
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Old 10-16-2012, 02:10 PM   #11
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hahaha!!
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Old 10-16-2012, 02:36 PM   #12
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call a lawyer asap, and have some cash handy
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Old 10-16-2012, 02:42 PM   #13
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Call their bluff, lawyer up, or hand it over. Only real options you have.
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Old 10-16-2012, 02:54 PM   #14
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They own a patent in the US and you are located where?

I'd change the logo to a different colour / shape and ignore the email.
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Old 10-16-2012, 02:56 PM   #15
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Keep the site but just change the domain name and logo.
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Old 10-16-2012, 02:56 PM   #16
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omg you fucked with the logo and everything hope you used a alias
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Old 10-16-2012, 03:00 PM   #17
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Originally Posted by georgeyw View Post
They own a patent in the US and you are located where?

I'd change the logo to a different colour / shape and ignore the email.
Not in USA, yeah im thinking in changing the logo... just to dont have problems..
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Old 10-16-2012, 03:03 PM   #18
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omg you fucked with the logo and everything hope you used a alias
yeah sure.
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Old 10-16-2012, 03:42 PM   #19
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Is there something gonna happen like being slapped with money?
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Old 10-16-2012, 05:29 PM   #20
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Post the headers of the email. Because that looks like a crock of shit. If it isn't, and it's a legit email, someone here probably narced you out, because I can't see them stumbling upon (see what I did there?) your site by accident.
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Old 10-16-2012, 05:41 PM   #21
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Contact every tech news site immediately. They'll run a story on this and you'll get free traffic.
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Old 10-16-2012, 05:55 PM   #22
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You have to be inbred, mentally handicapped, and illiterate to confuse fumbleuporn with StumbleUpon. Oh, wait - this is the internet - and your intentions weren't pure.

Just give it up.

Last edited by tfs; 10-16-2012 at 05:56 PM..
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Old 10-16-2012, 06:01 PM   #23
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Your logo does not look the same if the sites make good money i would not shut it down
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Old 10-16-2012, 06:01 PM   #24
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did you clone their software? nevermind id keep my mouth shut
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Old 10-16-2012, 06:06 PM   #25
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Post the mail on the site with a few laughing smileys and tell them to eat shit.
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Old 10-16-2012, 07:02 PM   #26
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did you clone their software? nevermind id keep my mouth shut
No I did not.
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Old 10-16-2012, 08:47 PM   #27
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I'm not a lawyer and not intelligent so take this with a grain of salt if I were you:

I personally would evaluate how much money I make monthly from the site. If it's less than $1-2k I'd not fight it and just shut it down. Find something else to work on.

If your intentions were to mimic their site then they have no choice but to pursue to protect their trademark. That's how it works. Just my opinion. Wouldn't be worth losing $$ and time over if it's not successful imo.
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Old 10-17-2012, 12:13 AM   #28
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you are screwed.,

redirect all to .se , move host to sweden/netherland , and pray .
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Old 12-11-2012, 12:29 PM   #29
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I got the same thing

I received a certified letter from them about my site XXXStumble.com

What I find funny, is they asked me to contact them, but did not leave any contact phone number or email....
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Old 12-11-2012, 12:39 PM   #30
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I received a certified letter from them about my site XXXStumble.com

What I find funny, is they asked me to contact them, but did not leave any contact phone number or email....
sounds thoroughly professional
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Old 12-11-2012, 01:45 PM   #31
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Are you making from that site?
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Old 12-11-2012, 02:02 PM   #32
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Old 12-11-2012, 02:21 PM   #33
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ask the patent number..
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Old 12-11-2012, 02:23 PM   #34
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Contact every tech news site immediately. They'll run a story on this and you'll get free traffic.
This is a good idea
and also change the logo
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Old 12-11-2012, 02:43 PM   #35
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Lawyers on retainer have to do something for money... Sending this shit out constitutes doing something for money. If you did nothing they wouldn't most likely do nothing as well. Especially if you are in a third world country...
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Old 12-11-2012, 02:58 PM   #36
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I can see the confusion based on the content. I could not tell which one had more gay material on it.
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Old 12-11-2012, 03:42 PM   #37
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keep on working r00bz,
don't waste your time on idiots

"nearly identical name" LOL
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