Naughty America offers "amnesty"?

[RawAlex]

I am not sure what to make of this:

FOR IMMEDIATE PRESS RELEASE
SAN DIEGO, CALIFORNIA
MARCH 24, 2010

NAUGHTY AMERICA OFFERS AMNESTY TO CYBERSQUATTERS

Naughty America announced today a unique and one time amnesty program for cybersquatters and typosquatters. Naughty America’s amnesty offer is simple. Legal action will not be taken against cybersquatters and typosquatters who transfer their infringing domain names to Naughty America on or before April 2, 2010.

Naughty America owns the registered trademarks for “Naughty America” and numerous domain names incorporating the mark. Naughty America’s long-standing ownership of the mark has not prevented infringers from illegally profiting from Naughty America’s strong brand recognition and goodwill by registering domain names that incorporate “Naughty America” or variations of the mark.

To participate in the amnesty program, anyone who has registered a domain name that incorporates the trademark “Naughty America” or variations and misspellings of the mark needs to do the following:

1. Immediately stop any and all use of domain names that include the trademark “Naughty America” or variations and misspellings of “Naughty America;”

2. Transfer to Naughty America any and all rights in and to the infringing domain names; and

3. Provide Naughty America with satisfactory proof that the domain name has been transferred to LTI no later than April 2, 2010.

Other registered trademarks owned by Naughty America for which the amnesty program is available are: American Daydreams, Asian 1 on 1, Ass Masterpiece, Diary of a MILF, Diary of a Nanny, Find Your Fanny, Housewife 1 on 1, Latin Adultery, My First Sex Teacher, My Friend’s Hot Mom, My Naughty Latin Maid, My Sister’s Hot Friend, NA, NA Naughty America Est. 1776, Naughty Bookworms, Naughty Cribs, Naughty Flipside, Naughty Office, Neighbor Affair, Nobody Does It Better, Seduced By a Cougar, SoCal Coeds, Suite 703, The Difference Is Here, The Naughty American, and What’s New.

Questions concerning the amnesty program can be directed to Naughty America at eddie@naughtyamerica.com

Any of the lawyer types want to comment?

[Toby]

Domains using the actual trademark 'naughtyamerica' are pretty cut and dry, but I think they'll have some difficulty pursuing legal action against variations and misspellings.

What this really says, IMO, is that they are becoming much more focused on generating in-house traffic and do not wish to compete with affiliates for those SE terms.

They've got great content, but conversions suck ass. I use them as filler on my pornstar TGP. Year to date ratio 1:24,550


Disclaimer: I'm not a lawyer type, nor do I play one on TV or the Internet.

[RawAlex]

I am 1 in 8000, but the average signup so far has rebilled almost 5 times. I just find it interesting, because I would have to say that in granting someone the right to promote a product, you grant them the use of the trademark in advertising. As a website is just a marketing tool....

Anyway, I have long since figured out that I can take non-name domains and get into the top 10 on google. It's all in technique. Names are easier, but if NA takes all the typos and duplicate names out of the SERPs, that would pretty much make it easier for other things to rise up.

[gonzo]

Originally Posted by RawAlex

I am 1 in 8000, but the average signup so far has rebilled almost 5 times. I just find it interesting, because I would have to say that in granting someone the right to promote a product, you grant them the use of the trademark in advertising. As a website is just a marketing tool....

Anyway, I have long since figured out that I can take non-name domains and get into the top 10 on google. It's all in technique. Names are easier, but if NA takes all the typos and duplicate names out of the SERPs, that would pretty much make it easier for other things to rise up.

Domain names dont mean jack shit. Traffic does.

[softball]

Looks like cyber bullying to me.

[Far-L]

Originally Posted by Toby

Domains using the actual trademark 'naughtyamerica' are pretty cut and dry, but I think they'll have some difficulty pursuing legal action against variations and misspellings.

What this really says, IMO, is that they are becoming much more focused on generating in-house traffic and do not wish to compete with affiliates for those SE terms.

They've got great content, but conversions suck ass. I use them as filler on my pornstar TGP. Year to date ratio 1:24,550


Disclaimer: I'm not a lawyer type, nor do I play one on TV or the Internet.

They would not necessarily have a problem going after mispells and variations because that is exactly the kind of stuff that trademarks and copyrights are supposed to protect against. However, they would need to spell out very clearly what the terms of use are for the TM and the Copyrights and if any rights to use those are being granted at all.

[Far-L]

Originally Posted by rhetorical

Looks like cyber bullying to me.

You are kidding, right? You are usually the most pro-markholder rights of anyone I know besides myself.

[softball]

Originally Posted by Far-L

You are kidding, right? You are usually the most pro-markholder rights of anyone I know besides myself.

I am all for copyright protection. However, they are threatening a lot of people with their checkbook. If they were that concerned, they should contact each one separately and give them the choice. They are hoping to pick up a few domains from a few guys who might just be plain scared of a lawsuit whether deserved or not. BTW, I just bought Homegreenvideo.com to sell instructional videos on painting your house green. Or putting up solar panels. Hell I don't know.

[Far-L]

Originally Posted by rhetorical

I am all for copyright protection. However, they are threatening a lot of people with their checkbook. If they were that concerned, they should contact each one separately and give them the choice. They are hoping to pick up a few domains from a few guys who might just be plain scared of a lawsuit whether deserved or not. BTW, I just bought Homegreenvideo.com to sell instructional videos on painting your house green. Or putting up solar panels. Hell I don't know.

As long as you don't use that domain in an adult entertainment themed context we would not and could not have a problem with it... but the second you did use it for adult then we would be sending a polite letter.

I bet you that they already tried the approach you suggest and now they are down to the last effort before pulling out the lawyer guns.

[softball]

Originally Posted by Far-L

As long as you don't use that domain in an adult entertainment themed context we would not and could not have a problem with it... but the second you did use it for adult then we would be sending a polite letter.

I bet you that they already tried the approach you suggest and now they are down to the last effort before pulling out the lawyer guns.

I suppose that is possible, but it still sounds like bullying. You know and I know, it has nothing to do with who is right. These guys can ruin someone financially, lose a suit, and walk away satisfied that the threat has been carried out.
Typosquatting is something I have never heard of and seems like a specious argument designed to threaten.

[RawAlex]

Originally Posted by Far-L

As long as you don't use that domain in an adult entertainment themed context we would not and could not have a problem with it... but the second you did use it for adult then we would be sending a polite letter.

I bet you that they already tried the approach you suggest and now they are down to the last effort before pulling out the lawyer guns.

Yeah, but how would you feel if a related domain was used to promote your products directly and exclusively?

[2muchmark2]

Suing them might be pretty expensive and they may not recover their costs of the site / domain owner is broke. It looks like it's just a way to scare people into giving up. It's not a bad move though..

What we have done in the past is reach out to the owners to try to find ways of working with them instead. It doesn't always work, but sometimes it does.

[pornlaw]

I would tell any affiliate to check the TOS they agreed to when they signed up with NA. That contract will govern their use of the NA trademark.

NA may or may not be able to do this... it all depends on that agreement.

[miz_wright]

Originally Posted by pornlaw

I would tell any affiliate to check the TOS they agreed to when they signed up with NA. That contract will govern their use of the NA trademark.

NA may or may not be able to do this... it all depends on that agreement.

Most every TOS I've ever seen contains the language: "We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion."

[MRock]

Originally Posted by LizAEBN

Most every TOS I've ever seen contains the language: "We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion."

That would be the "Big Cheese" clause. I make the cheese, I say who and how they eat it ...

[pornlaw]

Originally Posted by LizAEBN

Most every TOS I've ever seen contains the language: "We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion."

Just because you put it in a contract doesnt make it so. I can make a contract and you can sign it that says you're my slave. However the Thirteenth Amendment says differently.

Many contracts are "ruled" by the UCC - http://en.wikipedia.org/wiki/Uniform_Commercial_Code

Not saying your wrong, just saying that a contract isnt a contract if one party can alter the terms at will... and your example is usually only valid prospectively.

[Far-L]

Originally Posted by RawAlex

Yeah, but how would you feel if a related domain was used to promote your products directly and exclusively?

Depends. We decide on a case by case basis and we reserve the right to decide.

From our T&C: "No trademark, logo or slogan on our Site may be used as a hyperlink without the prior written permission of its owner."

[RawAlex]

Originally Posted by Far-L

Depends. We decide on a case by case basis and we reserve the right to decide.

From our T&C: "No trademark, logo or slogan on our Site may be used as a hyperlink without the prior written permission of its owner."

So if I want to link to your program, each time I have to get permission? Sort of seems like it would defeat the purpose. I couldn't link to Homegrown Video, I would have to link to "Raised in the House Movies"?

[Far-L]

Originally Posted by RawAlex

So if I want to link to your program, each time I have to get permission? Sort of seems like it would defeat the purpose. I couldn't link to Homegrown Video, I would have to link to "Raised in the House Movies"?

lol, no, we just need to protect ourselves and that is the best way to start. We have to protect our brand more than most and we cannot be associated with anything that harms our brand. So we have to be careful but obviously if we were going to let someone use a homegrown domain in the first place then we would allow terms to add more... but then again the only way you could find out how easy and thereby profitable it is to deal with us... would be to sign up and see for yourself... ;-)

[Far-L]

Originally Posted by pornlaw

Just because you put it in a contract doesnt make it so. I can make a contract and you can sign it that says you're my slave. However the Thirteenth Amendment says differently.

Many contracts are "ruled" by the UCC - http://en.wikipedia.org/wiki/Uniform_Commercial_Code

Not saying your wrong, just saying that a contract isnt a contract if one party can alter the terms at will... and your example is usually only valid prospectively.

We actually had a very expensive lesson in this particular clause. And while I agree and a any of the attorneys I spoke with agree with what your are saying - how a judge, or an abitrator might interpret it on any given day is completely another matter entirely.