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  1. #1
    Kung Fu Master Eathan's Avatar
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    Cease & Desist
    Has anyone (else) received a cease & desist over keyword bidding on what are perceived as trademarks from a company whose products you promote?

    It's rather frustrating to work hard to make another company money only to have them turn around and threaten to sue you over it. How often are these companies just searching for "brand widget" and sending C&Ds to every company that advertises for "widget"...?

    Looking over our records we've spent a fair chunk to make a whopping $4 profit on their products, so I'm not upset about losing 'em, but sheesh!
    Eathan Mertz

    Black Cat Mining - Gold Prospecting & Rockhounding Equipment

  2. #2
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Yep, happened to me. My merchant hired a law firm to go after infringers and someone forgot to tell them about their affiliate program (and my aff contract allowing me to use their name). Law firm filed DMCAs against hosting companies. My whole freaking site was shut down (how I was informed of my "offense"). I manually expired my contract as their aff, removed the page with their product and asked my host to restore me - they said complaint had to be rescinded - but lawyers don't get paid for unscrewing people, so they don't bother (or answer emails & phone calls). I had to switch hosts to get back up again. Big double sheesh!

  3. #3
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    PS - And I was selling lots of product for them. Emphasis on "was".

  4. #4
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    That's incredible - glad you dumped them!

  5. #5
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Back then I had 1 main site. Now I have 8 main sites - all different content and products. Eggs no longer in one basket. Learned a very valuable lesson the hard way. Makes me smile when I see newbies ask "is it better to have one main site or several sites for blah, blah..."

    I also have several hosting companies I use - and am now able to switch a site (if needed) and get back up in a very short period of time.

    And I reviewed my backup plan - no problems with backups when this happened, but I realized that I couldn't rely on my site host - the actual content of my site there on their servers - to "count" as an element of my backup plan. So I invested $10 a year to get GoDaddy's Online File Folder (comes with simple synchronizing software). I sync (upload) my office files to the online folder everyday. I sync (download) to my home PC at least once a week and burn everything to CD every 2nd week. And I invested a one-time cost of $35 for a thumb drive - I backup my backup also every 2nd week.

    To lose it all, the following would have to burn down - my office downtown, my home across town (home PC and archive CDs are in different rooms of the house), godaddy servers and their backup server locations and my thumb drive keychain in my pocket.

    And, as an anal retentive type person, I also bought a little $3 spiral bound index card thing and I tick the dates when I burn to CD and copy to my thumbdrive - so I always know the age of my latest backup. It also serves as a reminder mechanism for me as well.

    My backup plan is cheap - has several offsite elements - is 2 layers deep (i.e. backup my backup) - and takes very little time to execute. Lightning is an issue here in Florida - offsite is VERY critical - so is having a thumb drive that's hardly ever connected to power sources or computer networks. And having stuff archived to CD twice a month relieves my worries about corrupt drives, viruses and such. In addition, when people steal my content, and it gets far enough along to warrant geting my lawyer involved, I pull out my archive CDs and grab the old version they stole so I can file the clearest butt-busting DMCA of my own (since my own site is constantly changing). It's nice to have the archived CD stream snapshotting my exact history - for copyright purposes, in addition to serving as an element of my backup plan.

    Using multiple hosts and having a solid backup plan relieves my worries of an incident like this happening again and having any real impact on my business.

  6. #6
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    Donut, you rock!!
    M.M. "Trey" Hocker III
    [url=http://www.build-a-home-bar.com]Build a Home Bar[/url]

  7. #7
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    T-Mobile
    I had a second tier direct partner deal with T-Mobile and got a C&D from a contract attorney in SF telling be that I could not use their logo on my sites.

    el-dropooo

    Now I see that everyone and their brother/sister is bidding on their tradmarked name.

    Go figure....

  8. #8
    More Cheesier Than Ever Cheesehead's Avatar
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    Quote Originally Posted by Donuts
    Back then I had 1 main site. Now I have 8 main sites - all different content and products. Eggs no longer in one basket. Learned a very valuable lesson the hard way.

    Yes, it's amazing how fast things can disintegrate. That's the irony - you don't have a boss but you can just go "poof" at any moment!

    Lots of eggs - lots of baskets - Do we have a smiley for that?
    This World is Not My Home
    We're gonna go inside, we're gonna go outside, inside and outside. . . And then we're gonna go go go and we're not gonna stop til we get across that goalline! Quotes from the movie Rudy, 1993

  9. #9
    I like traffic lights
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    Hey Donuts,

    Anal retentive doesn't even BEGIN to describe you. :^)

  10. #10
    Kung Fu Master Eathan's Avatar
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    I knew I wasn't alone.

    I'm kinda glad they sent it, because the $4 was net after quite a lot spent! That's the trouble with 1000s of words bid, you can lose track of performance at the detail level. Needless to say, I'm not upset to lose them.

    Donuts, you've made me feel like a giant slacker for not being more organized with backups. At least we've finally moved our boxes to a colo...
    Eathan Mertz

    Black Cat Mining - Gold Prospecting & Rockhounding Equipment

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