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Page 2 - URL and Domain Dispute (Individual Vs State of CA)

Page 2 - Discuss URL and Domain Dispute (Individual Vs State of CA) in the Business Help forum on Dev Shed.
URL and Domain Dispute (Individual Vs State of CA) Business Help forum discussing Business Documents, Copyright Law, Contracts, Non-Compete issues and more. Disclaimer: Always consult an attorney; this is just a place to discuss ideas.

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  #16  
Old January 5th, 2005, 07:53 PM
adcsig adcsig is offline
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So no one can help me??
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  #17  
Old January 7th, 2005, 04:14 PM
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If all you're using is the word 'broncos' then you could easily argue that it is a different teams name - not theirs.
If this were the case then they would also have to sue every NFL site about the Denver Broncos.
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  #18  
Old January 22nd, 2005, 08:02 PM
adcsig adcsig is offline
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Not so easy, as it is a Bronco fan site.

Just not the official one.

There are other bronco sites out there, however.

Can anyone give me the straight scoop on what to do here?
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  #19  
Old February 3rd, 2005, 07:31 PM
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Can you say what is the domain name in question ?
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  #20  
Old February 21st, 2005, 06:53 PM
adcsig adcsig is offline
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I'd rather not!
Bottom line is this: Can someone use the name of a web site like "bronco-thunder.com", when it might or might no conflict with other broco sites out there like denverbroncos.com or stateuniversitybroncos.com, etc????
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  #21  
Old February 21st, 2005, 09:34 PM
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Quote:
Originally Posted by adcsig
Hello,

About 4 to 5 years ago, I registered a web site URL address thru register.com.

This site is a Div 1-A college sports fan site.

I came up with an exclusive web site logo, and also made the name of the site which is registered with register.com to reflect the school spirit.

I do not want to divuldge the official name of the school, so I will mention them as "Broncos".

I came up with a web site name called "BroncoFever.com".
The school's mascot is called the "Broncos" as well.

The schools URL is www.msubroncos.com (example).

I recieved a letter from the collegiate licensing" division stating that I must cease using "broncofever.com", and that I must relinquish the domain name that I currently have owned the last 3-5 years.

The school states that I am using an unauthorized variation of the MSU name.

The school states that they are protecting their name, logos, slogans, mascot, and other proprietary rights.

However, I am not using the schools name, slogans, logo, or mascot in the official version, but simply using the word "bronco" in my URL of www.broncofever.com.

Do I have to give up my rights to www.broncofever.com?


IMO, you do not have to, but, I would consult an attorney.
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  #22  
Old February 27th, 2005, 06:42 PM
adcsig adcsig is offline
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hmmmm
So it looks like no one can give me the straight scoop on this scenario?
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  #23  
Old February 28th, 2005, 04:26 AM
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My instinct would say that you have every right to keep your site, and that they have no right to ask you to relinquish it.
However, if you want to be absolutely sure, you'd have to get legal advice.
If you look around on the net, you could probably find a lawyer online who could advise you on this for free. (i.e. free *initial* consultation)
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  #24  
Old March 9th, 2005, 11:42 AM
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I would say if you have a fan site and are covering their team(s) and you are using a URL that is the name of their team mascot or some variation of it, and it is similar in nature to the actual url used by the school then you don't have a strong case to continue doing so.

As others have said though, get a legal opinion, don't sit around here waiting for someone to look up the case law for you.
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  #25  
Old March 16th, 2005, 02:51 PM
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isn't this a USA first amendment issue?
the internet is full of unoffical sites. So who cares? Nothing is new here. Maybe get them to make you an offer for the domain if they want, but you will continue the site elsewhere under a different name if you so wish it.

hosting an unofficial fan website that duplicates no formal graphic or copywritten information cannot be illegal anymore than diediediejarjar.com was to LucasFilms when Star Wars Phantom Menace came out. (it's still there)

Sure it represents a commom held opinion at the time, (die jarjar!!) but publicity about it's requested removal caused more people to visit than if LucasFilms just ignored it.

I'd post the letter online. Start a free speech blog open to your visitors. Is there Internel Law in the USA that says so? Or is it a voluntary request being made?

They can ask and you can say no. Other than that I can't see why they are bothering (whatever. they're lawyers..what else is new? tsk)

Ignore it or host your site outside of the USA.

2c
sf2k
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  #26  
Old March 18th, 2005, 07:36 PM
adcsig adcsig is offline
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Can they force me to give up the registered URL?
Can they make me de-list the url, just because it has the word "bronco" in it, or is that my URL until I deciede to dump it?
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  #27  
Old March 19th, 2005, 04:11 PM
Corey Bryant Corey Bryant is offline
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Quote:
Originally Posted by adcsig
So it looks like no one can give me the straight scoop on this scenario?

No can can give you the straight scoop because we do not have it. We have not seen the site, etc. They are trying to go by the hypotheticals.

Besides - you need legal advice. You need to consult an attorney. If you need one, contact Jerry over at http://www.labizlaw.com/
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  #28  
Old March 21st, 2005, 04:42 PM
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Quote:
Originally Posted by adcsig
Can they make me de-list the url, just because it has the word "bronco" in it, or is that my URL until I deciede to dump it?


we're running into a cheese sandwich shop and I order a grilled cheese sandwich, which I then pay for, and which then I eat (mmm)

You come over and tell me that it's your cheese sandwich and that I should give it to you. I say no. You call a lawyer. I laugh.

1) I've paid for it
2) I'm eating it
3) no point in complaining about it.
4) move on

Same thing here. You were first. They can't make you do anything. Network Solutions et al can't de-list my URL if I've paid for it and it's up to date etc. Otherwise they'd be chaos.
But there isn't chaos. You own the domain. Done.

You paid for the url, you're paying for the online services. They're not. It's just legal harassment replacing common sense. There must be a ton of sites with the same names. If they go after all the websites with the "broncos" in their domain name, wait until they go down first I'm betting they won't either.

No worries. Move on. Have a cheese sandwich
cheers
sf2k
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  #29  
Old March 22nd, 2005, 08:27 AM
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Quote:
Originally Posted by sf2k
we're running into a cheese sandwich shop and I order a grilled cheese sandwich, which I then pay for, and which then I eat (mmm)

You come over and tell me that it's your cheese sandwich and that I should give it to you. I say no. You call a lawyer. I laugh.

1) I've paid for it
2) I'm eating it
3) no point in complaining about it.
4) move on

Same thing here. You were first. They can't make you do anything. Network Solutions et al can't de-list my URL if I've paid for it and it's up to date etc. Otherwise they'd be chaos.
But there isn't chaos. You own the domain. Done.

You paid for the url, you're paying for the online services. They're not. It's just legal harassment replacing common sense. There must be a ton of sites with the same names. If they go after all the websites with the "broncos" in their domain name, wait until they go down first I'm betting they won't either.

No worries. Move on. Have a cheese sandwich
cheers
sf2k


I agree; however, I do believe that they have a right to tell you to take down the content on the page. The domain name you legally own and they can't take that away from you. You purchased it, it's yours. The content on the site, even in your words, is theirs. They own the team, not you. It would probably be in their best interest to let it go - I think in the long run, they will be the ones that suffer for any legal proceedings. Can they force you to remove your content? Sure can. Will they? Probably not, unless you are using their photographs and articles and logos.
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sf2k agrees: here...have a cheese sandwich
Last edited by Adrastea0413 : March 22nd, 2005 at 08:28 AM. Reason: Now I'm hungry for a grilled cheese sandwich
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