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  1. #1
    ABW Ambassador
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    Rumor is that Freebies.com
    (owner of trademark FREEBIES), plans to sue ALL sites using "freebies" as part of their domain name !
    If you look at their site, at the bottom of their page, their statements would lead any reasonable person to believe that they may just be VERY serious about this.

    I think this is absolutely absurd ! The word "freebies" is , and always has been a general term, used to describe things that are free !
    For one, i think it should never have
    been granted trademark rights in the first place , and that should be challenged !

    Wouldn't you agree ? Do you think a judge in the case, (if this case ever sees the light of day), would dismiss it as frivolous, or even malicious prosecution ?

    I for one , will file a counter suit in a heartbeat , for malicious prosecution , along with other documents that can be applied, if they try and sue me !
    One of my sites http://lisasfreebies.com , uses the general term "freebies" in the domain .

    This lawsuit rumor has me getting that gut -instinct feeling of wanting to put on my old "Paralegal Hat " , and go get that " needle in the haystack "piece of case law"
    that supports my defense without question , but Ill wait and see if they actually sue first [img]/infopop/emoticons/icon_wink.gif[/img]

    Is this a little far reaching on their part, or what ?

    Lisa

  2. #2
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Lisa,

    First of all they own the TM FREEBIES in IC 016. US 038. G & S: periodicals; namely, magazines and newspapers with information about mail order offerings.

    So they do NOT own the TMs (as depicted on their page) Freebies.com nor The Original Freebies, and depiction of the (R) next to those names is actually illegal.

    But lets say they really had some "right" they would NEVER win.

    Haiko
    Haiko

  3. #3
    pph Expert! Gordon's Avatar
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    Lisa

    Did you used to have a site with lots of information on about how to make websites two or three years ago?

  4. #4
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    Gordon, like in http://lissaexplains.com/ ?

  5. #5
    pph Expert! Gordon's Avatar
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    Quiet777

    Thanks Quiet777
    That's the site I was thinking of. I used to visit it quite a lot when I first started making websites.

  6. #6
    Guest
    Yep, its not bad.. even tho its basically for kids. [img]/infopop/emoticons/icon_smile.gif[/img]

    Quiet777

  7. #7
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    Gordon -

    No, that wasn't me, two or three years ago I had no idea how to build a site, or even what a website really was for that matter, let alone teach others how to build them !

    I was just learning how to use AOL at that time - LOL , I have learned a few things since I've been stuck home and out of the "work" force for the past two and a half years !

    Lisa

  8. #8
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    If their lawyers need practice they can start researching Freebie or Freebee DotCom bombs at Pud's F**kedcompany site for starters. FREE used to be a #1-5 keyword during the heydays of EyeBall capitalization. Maybe this is their last revenue generating idea. Basically they hate competing at Overture for keyword bidding ( Overture is down on all reports today).

    [ Edited - Please do not post anything of that nature again ]

    [ 12-20-2001: Message edited by: Haiko ]

  9. #9
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    Hey Lisa, I wouldn't worry about it much. I used to date this lawyer who wrote a paper after one of her cases for her office and how a plantif tried to sue another for using a general use word (Something Marshal and Atty...). I still talk to her from time to time, I'll give her a call and see if she still has that paper, or if it's on the web. I'll get something to you-hopefully before the subpoena. [img]/infopop/emoticons/icon_biggrin.gif[/img]

  10. #10
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>[ Edited ]<HR></BLOCKQUOTE>

    I can only speak for myself. I find such comments painful to read and I respectfully request that you refrain from such comments in the future.

    [ 12-20-2001: Message edited by: Haiko ]

  11. #11
    Assistant Regional Manager Rik's Avatar
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    Cedric - I agree with what you said.

    <IMG src=http://www.abestweb.com/ubb/icons/icon13.gif>

  12. #12
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    I just saw it myself and edited it!

    Members,

    I ask that you all please adhere to our RULES

    Thank you,

    Haiko

  13. #13
    ABW Ambassador
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    Thank you, Haiko.

  14. #14
    Member
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    Dang, now I want to know what he said. :eek:

  15. #15
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    Darn I missed the whole thread here because I decided to bake Christmas cookies today and didn't check in sooner !


    What was all that talk about that had to be edited ? Oh well, hope it wasn't about me [img]/infopop/emoticons/icon_wink.gif[/img]

    Lisa

    P.S. Thanks Monstrphil ! If you can find that paper online, I love to read it. If not, no biggie , and I appreciate your effort .If forced to fight these retards , I bet that I could beat them defending MYSELF in court with enough homework done [img]/infopop/emoticons/icon_smile.gif[/img]

    [ 12-20-2001: Message edited by: Lisa ]

  16. #16
    pph Expert! Gordon's Avatar
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    He said Gordon is a handsome looking guy who makes super websites. [img]/infopop/emoticons/icon_wink.gif[/img]

    I cannot understand why Haiko had to edit that. [img]/infopop/emoticons/icon_biggrin.gif[/img]

  17. #17
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    Gorden, now I am really curious !

    We both know he didn't say that !
    That stuff was about me right ?

    What was said here, pleeeease tell me in a nut shell, I don't need all the details .

    Lisa

  18. #18
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    Lisa
    It wasn't about you.

    -Gordons psychiatrist [img]/infopop/emoticons/icon_wink.gif[/img]

  19. #19
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    Here is the formal letter they are sending out to all site with freebies in their name. absolutefreebies is downGO HERE TO READ THE LETTER

  20. #20
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    Thank's freetweak - I didn't get their letter yet , I guess I can expect it in the mail soon !

    So, according to their rationale, and putting this into proper perspective as any good judge would, the owners of the trademark "People", as in... "People" Magazine, can sue any site using the word "people" in their domain name .

    Fat chance they win this case, and if it does win by some miracle of events, I am sure on appeal, this case will lose in the end.

    IF they won, which I doubt, but anything is possible, this would be a landmark court decission , that 90% or more of trademark inringement cases would be judged on by supporting case law.

    Any aspiring defense attorney would love to get his hands on this case - I can not wait until they sue me, this is exactly the type of court drama I have always wanted to be a part of when I was a young paralegal, too bad I will be a defendant , and not on the legal team [img]/infopop/emoticons/icon_frown.gif[/img]

    Wonder if this is why Fineclicks is taking down FineFreebies.com ??? They couldn't actually be worried, but instead just trying to avoid legal confrontations .

    Lisa

  21. #21
    ABW Adviser Panel Dynamoo's Avatar
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    The phrase that springs to mind with freebies.com is "come and have a go if you think your hard enough!"

  22. #22
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    I saw on a message board that the webmaster of freebiesforwomen had their lawyer send them a letter basically saying shove it up your **s because you dont have a leg to stand on so I wouldnt be too worried about it. Just business as usual [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img]

  23. #23
    pph Expert! Gordon's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> shove it up your **s because you dont have a leg to stand <HR></BLOCKQUOTE>This was my reaction but I'm afraid the language I would have used is slightly stronger and not for the delicate ears of abestweb members [img]/infopop/emoticons/icon_wink.gif[/img]

  24. #24
    Guest
    Imagine if Madonna trademarked her name.....so every madonna's in this world has to change her name...... [img]/infopop/emoticons/icon_smile.gif[/img]

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