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  #1  
Old 07-10-2006, 11:18 AM
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Default Need some advise here.

I got a certified letter today from Sirius Satellite Radio's Attornies it reads as follows.
Sorry Long

Dear Mr.Molnar
We represent Sirius Satellite Radio Inc (Sirius) with respect to intellectual property matters.

It has now come to our attention that you are operating a website located at www.siriusforpoker.com that uses our client's famous name and mark SIRIUS in association with on-line poker services. A review of the website reveals that you also display several other of Sirius' trademarks,including SIRIUS SATELLITE RADIO and Dog Design Logo. Moreover,it appears that you offer Sirius products and services as incentives and rewards relating to poker games. You further provide linksto the official Sirius website from your website.

While your efforts may be motivated by your enthusiasm fo Sirius,we trust that you can understand that the aforedescribed activities infringe our client's intellectual property rights. More specifically,the use of our client's famous name and mark SIRIUS on and in connectioin with a poker/gambling website,is likely to mislead the public tot he mistaken conclusion that the website,the poker/gambling services provided thereon,and any promotion or advertising thereof,are sponsered by, or are otherwise associated with our client. That your website provides direct links to our client's official website further encourgages this misperception.
Accordingly, we must insist you and your businessa)immediately termiante all use of the domain name www.siriusforpoker.com;
(b) transfer ownership of the domain name www.siriusforpoker.com and any other domain names owned by you(or someone on your behalf) which include the name SIRIUS;(c) immediately terminate all efforts to market,sell,promote and/or advertise poker or gamblining services under any domain name which includes the term SIRIUSd) cease all use of any Sirius' trademarks that in any way is likely to lead the public to beleive tht such website is sponsered by,associated with,or has any connection to Sirius Satellite Radio Inc.;(e) refrain from all such use of Sirius'trademarks, and all colorable imitations thereof,in the future; and (f) provide us with written assurances that you are doing as requested.
Under the circumstances, we look forward to your prompt and cooperative reply.

I am a fireman not a attorney,however it seems like they are trying to bully me.
My biggest thing is transfer ownership of my domain name.
Looking for some sound advice here
Thanks John
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Old 07-10-2006, 12:17 PM
Georgia Poker Georgia Poker is offline
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My advice is to drop it and do as they ask. You say you want to keep the domain but what would you do with it now anyway? It's on their radar and they would come down on you again if you tried something different.

I've been sued for 1M+ before and yes, I was innocent. However, it was going to cost me 50K+ to defend myself and my good name. I wound up settling out of court for 15K to offset their attorneys fees and time. Yes it was a bitch and yes it sucked to pay that money. The alternative however was to go broke paying attorney fees and perhaps lose that much more. The bottom line was that the guy was being a bully because I left his company and took his sales staff with me. They came because they wanted to work for me (Georgia is a right to work state anyway) not because I convinced them to.

The challenge was that he had a much bigger wallet then me and he knew it. It was what's known as malicious litigation and if I had the time and money could have countersued. I chose to go on with my life and chalk it up to experience.

My advice, unless you're making enough off that site to afford some massive attorneys fees and many months of your life fighting for it then give up the goose. I wanted to fight the good fight too when I was sued but in the end, it just didn't make sense. It's a lose lose situation when you're facing someone that big with those resources.
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Old 07-10-2006, 12:19 PM
Randy Randy is offline
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I think Todd's probably right on here. Discretion is possibly the better part of value in this particular situation. (I think a lot of people in this particular forum have had to turn over domain names over because of trademark issues; I know it's been an issue for me. So don't feel like you're all alone in this situation.)
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Old 07-10-2006, 12:36 PM
lifeofsportsdotcom lifeofsportsdotcom is offline
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I have had numerous expereiences like this and I'm 100% sure you have to take this down

This is a fight not worth fighting and these people don't take prisoners with these things... They are ruthless and will be total Bast____ to you and will tie your brain and money up for the next two years over this stuff
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Old 07-10-2006, 12:39 PM
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Default Thanks

Thanks Fellas I was thinking of just changing the name of the site.
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Old 07-10-2006, 01:15 PM
MGRPlease MGRPlease is offline
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You had better make sure that you get rid of any trace of Sirius stuff on your site too, otherwise if they find your site with simply a changed domain name... Well it probably won't be pretty. My advice is to do what they say, and try not to piss them off ever again.
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Old 07-10-2006, 01:27 PM
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They aren't bastards for protecting their brand. The email was reasonable and they are obviously right, the website does what they are afraid it does.

Putting brand names to the left of your tld is just an invitation for trouble if you achieve any level of success.
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Old 07-10-2006, 02:14 PM
kdollar kdollar is offline
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I agree with everyone here...You are using their brand even though for a good reason (promoting them). But it's not worth the hassle and you can offer other things that will make your players just as happy.
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Old 07-10-2006, 03:04 PM
GregK GregK is offline
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Fold, not even a hint of grey area in this one.
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Old 07-10-2006, 03:12 PM
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Default Thanks

So I guess the thing to do is say screw them and keep promoting the site
Now I need to come up with a new name and a new concept.
Everybody is offering Xboxes and ipod's
I am open to any ideas from my fellow PAW members.
Again Thanks
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