I think that it is not necesary to ague with each other. If he wanted to expess his thots in this way - let him. Any way he can be pannished by that because of forum rules

Originally Posted by The Fedz

Your every post in this thread is merely "your opinion" and not fact! You are not an Attorney and yet you have all the answers! You think? Not quite!

I already stated that I wasn't an attorney, but thank you for restating it. Yes, all I have are answers.... because he asked a question, and I'm trying to help him by informing him my understanding of the law. An attorney's opinion would be better, but he asked on a webmaster forum, so he's going to get advice from webmasters.

Originally Posted by The Fedz

This is a bunch of Jiber-Jaber wordage.

wow..... Mr. T would be proud of you right now

Originally Posted by The Fedz

So, you having a law degree, (yea right) are stating as fact, that Jayjay050 is in violations of applicable laws? I disagree!!!

Well, I've already stated that I'm not a lawyer, I'm simply going to assume that you aren't. So, 2 people without any formal legal training are disagreeing on a legal issue that is full of gray areas.... not surprising, and perfectly fine.

Originally Posted by The Fedz

Even so, a million dollar corporation doen’t sue if their isn’t any significant financial loss. And right now there is a ZERO loss!

Microsoft and Yahoo have both sued over the same issue:
http://www.itworld.com/Man/2681/micr...atting-071225/

Here are a couple of New Hampshire unions (or something) going at it
http://www.unionleader.com/article.a...f-ca722655e5ba

This guy had to fork over $10,000 per domain and almost $40,000 in attorney fees for the other side. This does not count the cost of his own attorney. Do you have $70,000+ to burn?
http://www.keytlaw.com/urls/typosquatter.htm

Originally Posted by The Fedz

Go back and read my BOLD print. I stated, “There is a discovery period that can last 180 day or so from the time of filing a complaint with the courts. Maybe you over looked this or I didn’t make it clear enough for you to understand. SORRY! Yes, a law suit starts with filing a complaint with the clerks office in Superior or the Supreme court in your jurisdiction. Then the defendant has to file an answer. After that, there is the discovery period.
Any Attorney that wants your business will give you 5 mins of free legal advice and then tell you whether or not you need to retain a lawyer. You took my meaning out of context and ran with it. A Lawyer doesn’t have to give you anything free, but most of the Attorney’s I have dealt with gave me 5 mins free!!!

If they file papers with the court, you are going to need an attorney for more than 5 minutes of advice, so your point is useless.

Originally Posted by The Fedz

If in fact jayjay050 was in violation of any laws re his domain name, at best google would ask him to "cease and desist" operations of the site. They sure as hell wouldn’t sue him for money! You need to go out side and scrape your knee a few times mork29 and stop being a wus!
This is my final post in regard to your Paranoia! So fire away with more of your B.S. worry wart banter...
I am going to register GooglePorn.com and take a walk on the wild side... Let them sue me!!! haha

I guess you also have $70,000 to burn. Since you've been so friendly, I'll go ahead and write Google's legal department for you, so that they can assure us both that they don't mind you abusing their trademarks.


My "Closing Statement". Don't believe either of us! Don't take our advice! Don't take the advice of anybody who is not a licensed attorney in your state!
I suggest you read the articles I linked above. Then I suggest you do a "risk assesment". In fact, let's do it together right now.
First we determine possible risks, and what the possible results of those risks are.
RISK 1- You get a cease and decist from Google.
RESULT 1- You loose your domain that you paid about $7.00 for

RISK 2- Google sues you.
RESULT 2- You loose everything you own

I can't really see any other real risks... The next step would be to find ways to mitigate those risks. I can think of only one.
Mitigation 1- Clearly display on your site that you are not affiliated with Google
Effectiveness 1- Probably not terribly effect. See my above example of "chemy". Also look at the points in the Microsoft case. The guy was making money from people clicking links out of lazyness. Nothing else.

The final step is for you. You now have to weigh the risks after mitigations have been put into place, and see if the risk is worth it. So, what do you gain from keeping/using this domain? Is it worth the risk?
Those are for you to answer....

Originally Posted by mork29

DISCLAIMER: I'm not a lawyer and this should not be viewed as legal advice

Refer to hereinafter as, “I’m Not A Lawyer”

Originally Posted by mork29

WARNING: DON'T TALK ABOUT POTENTIAL LEGAL PROBLEMS ON FORUMS! IF YOU DO GET SUED, THEY WILL FIND A WAY TO USE YOUR POSTS AGAINST YOU!

“I’m Not A Lawyer” Firstly, “THEY” would have to find this thread. Secondly, one would have to say something incriminating. Is, “I registered a domain name” incriminating?

Originally Posted by mork29

My Thoughts: Google lives largely off of the good will of the people. They probably wouldn't just up and sue you. They'd probably just tell you to give it to them, or else face legal action.

“I’m Not A Lawyer” Only if jayjay050 was in violation of any applicable laws. Is he?

Originally Posted by mork29

They'd probably even be willing to throw you a few bucks for it. However, they wouldn't be obligated to.

“I’m Not A Lawyer” If google valued jayjay050’s said domain name, they would have registered it their selves.

Originally Posted by mork29

They have more money and more lawyers than you, and they could just as easily demand you give them money along with the domain or else go to court.

“I’m Not A Lawyer” Only if jayjay050 was in violation of any applicable laws. Is he?

Originally Posted by mork29

The really important thing here is to make sure nobody could possibly mistake you for Google. A disclaimer on your homepage would be a great idea.

“I’m Not A Lawyer” Yes, for peace of mind, a disclaimer would work. However, I don’t think that people would mistake www.googlebucks.mobi for www.googlebucks.com if it was a 10 page amateur site about flowers? Would they? BTW - www.googlebucks.com says, “Server not found” when entered into a web browser.

The people at google could careless about jayjay050’s new domain name. However, if he uses this new domain name, to create a fraudulent site and steals the identity of google - then he would have a problem. I doubt if he has the intent to do so!!!

Originally Posted by mork29

I already stated that I wasn't an attorney, but thank you for restating it. Yes, all I have are answers.... because he asked a question, and I'm trying to help him by informing him my understanding of the law. An attorney's opinion would be better, but he asked on a webmaster forum, so he's going to get advice from webmasters.



wow..... Mr. T would be proud of you right now


Well, I've already stated that I'm not a lawyer, I'm simply going to assume that you aren't. So, 2 people without any formal legal training are disagreeing on a legal issue that is full of gray areas.... not surprising, and perfectly fine.

[/color]
Microsoft and Yahoo have both sued over the same issue:
http://www.itworld.com/Man/2681/micr...atting-071225/

Here are a couple of New Hampshire unions (or something) going at it
http://www.unionleader.com/article.a...f-ca722655e5ba

This guy had to fork over $10,000 per domain and almost $40,000 in attorney fees for the other side. This does not count the cost of his own attorney. Do you have $70,000+ to burn?
http://www.keytlaw.com/urls/typosquatter.htm


[/color]
If they file papers with the court, you are going to need an attorney for more than 5 minutes of advice, so your point is useless.



I guess you also have $70,000 to burn. Since you've been so friendly, I'll go ahead and write Google's legal department for you, so that they can assure us both that they don't mind you abusing their trademarks.


My "Closing Statement". Don't believe either of us! Don't take our advice! Don't take the advice of anybody who is not a licensed attorney in your state!
I suggest you read the articles I linked above. Then I suggest you do a "risk assesment". In fact, let's do it together right now.
First we determine possible risks, and what the possible results of those risks are.
RISK 1- You get a cease and decist from Google.
RESULT 1- You loose your domain that you paid about $7.00 for

RISK 2- Google sues you.
RESULT 2- You loose everything you own

I can't really see any other real risks... The next step would be to find ways to mitigate those risks. I can think of only one.
Mitigation 1- Clearly display on your site that you are not affiliated with Google
Effectiveness 1- Probably not terribly effect. See my above example of "chemy". Also look at the points in the Microsoft case. The guy was making money from people clicking links out of lazyness. Nothing else.

The final step is for you. You now have to weigh the risks after mitigations have been put into place, and see if the risk is worth it. So, what do you gain from keeping/using this domain? Is it worth the risk?
Those are for you to answer....

I am tired of beating you up! No comment!