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  1. #1
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    CJ Booted Me
    CJ booted me this week for unjust reasons. I ask you all to leave CJ too if you blieve in the First Amendment and what this country stands for.

    I run a consumer information (company)sucks.com website and have for 5 years. In August I had 9000 unique visitors. I also run several websites which are just pages of links related to the domain name. I have had CJ banner ads on this site the entire time.

    This week, without warning CJ deactivated my account and issued a Cease and Desist letter. They claim that my use of "xyzsucks.com website to drive traffic to advertisers is misleading, defamatory, and a violation of a third party's trademarks, all of which are violations of th PSA."

    I simply had banner ads on every page in order to help pay for the hosting and maintenance of the site. I was not making much, but it helped. I do not see how that was misleading. I was certainly providing highly targeted traffic to the companies for whom I was advertising.

    CJ is completely off base in that my use of the company's name in the sucks.com domain name is not a violation of a trademark: See Bally, 29 F. Supp. 2d at 1165 n.2; see also, e.g., Lucent Technologies, Inc. v. Lucentsucks.com, 95 F. Supp. 2d 528 (E.D. Va. 2000) dismissing cybersquatting complaint against operator of lucentsucks.com); Lockheed Martin Corp. v. Parisi, WIPO Case No. D2000-1015 (2001) (refusing to transfer the domain names lockheedsucks.com and lockheedmartinsucks.com); Walmart Stores, Inc. v. walmartcanadasucks.com, WIPO Case No. D2000-1104 (2000) (same, walmartcanadasucks.com). This is not a situation where a trademark was incorporated into a domain name in bad faith.

    I do agree that my website may be defamatory but that is a constitutionally protected right which CJ evidently doesn't support.

    What happened is that the company that is the subject of my website contact CJ and CJ simply chose to bend over rather than stand up for my rights as a publisher.

    As in the past, CJ's advertisers could have simply terminated the program or denied my application to their program. Instead, my account was completely terminated.

  2. #2
    ABW Ambassador
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    "I ask you all to leave CJ too if you blieve in the First Amendment and what this country stands for."

    Oh brother.

  3. #3
    Resident Genius and Staunch Capitalist Leader's Avatar
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    I do agree that my website may be defamatory but that is a constitutionally protected right which CJ evidently doesn't support.
    Actually the 1st Amendment pertains to the government not abridging free speech. The Constitution of the USA places rules on the government and its actions, not private enterprise. So, CJ's under no constitutional obligation to allow your site.

    Quote Originally Posted by The Constitution
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    And your site's not against the law. That doesn't obligate CJ to deal with you--they don't have to deal with a site just because that site is legal.

    CJ *is* off-base in their allegation of TM violation. But, the TOS does specify against defamatory sites, so even though it doesn't violate the TM, they still can kick you out.

  4. #4
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    Quote Originally Posted by azmojo
    I do agree that my website may be defamatory but that is a constitutionally protected right which CJ evidently doesn't support.

    No it isn't. unless you meant to post

    "I do agree that my website may be defamatory but that is a NOT constitutionally protected right..."

    Did you forget the not?

    Chet

  5. #5
    Affiliate Manager Alan Hamilton's Avatar
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    The best thing you could do for yourself is to identify where you went wrong, acknowledge it, and move forward. No one here is likely to boycott CJ based on a special interest request. Good luck to you.
    Join the Spicy Aprons Affiliate program on ShareASale Visit us on Facebook www.facebook.com/spicyaprons Follow us on Twitter @Spicyaprons

  6. #6
    The "other" left wing davidh's Avatar
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    CJ *is* off-base in their allegation of TM violation.
    If you register guccisucks.com and put up affiliate links for prada and versace crap?
    CUSTOM BANNERS by GRAPHICS CANDY ~ Banner Sets and Website Graphics ~ Professional design, reasonable rates
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  7. #7
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    The ad content is actually irrelevant as long as it is a legitimate consumer information site and the primary goal is not commercial interest (and trust me, the goal is not to make money). The site has been around for 5 years and there are several articles, exhibits, and a user forum and I do not run nor am I affiliated with any similar businesses.

    The best thing you could do for yourself is to identify where you went wrong, acknowledge it, and move forward. No one here is likely to boycott CJ based on a special interest request. Good luck to you.
    The only thing I did wrong was to stay with CJ after they changed the PSA last year.

  8. #8
    Member Kimberly's Avatar
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    Quote Originally Posted by azmojo
    I ask you all to leave CJ too if you blieve in the First Amendment and what this country stands for.
    Okay.

  9. #9
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    The First Amendment

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
    The First Amendment

  10. #10
    MasterMike HardwareGeek's Avatar
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    If you're goal was not to make money then why did you put ads up.
    As soon as you put an ad up your goal changed.

    In 5 years you only have several articles. I do that in one day for my site.

  11. #11
    Affiliate Manager Allen Nance's Avatar
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    "I ask you all to leave CJ too if you blieve in the First Amendment and what this country stands for."

    Cj is not a Government entity. Nor am I.

    There is no free speech protection from the private or business sector.

    Go back to school.
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  12. #12
    ABW Ambassador
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    There is no free speech protection from the private or business sector.
    Exactly, and there is protection for companies under civil contract law. When we agree to accept a network's Terms & Conditions when joining, that becomes a contract relationship that we're agreeing to enter into with them. If we violate any provision of that agreement (that WE agreed to abide by as a condition of joining) they're perfectly within their rights to terminate the relationship, just like we can terminate with them if we choose to.

  13. #13
    I like traffic lights
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    Quote Originally Posted by azmojo
    The ad content is actually irrelevant as long as it is a legitimate consumer information site and the primary goal is not commercial interest (and trust me, the goal is not to make money).

    It doesn't matter if it's the primary goal or a secondarty goal. If you run adverts on the site your are generating income using their TM.

    The GOLDEN RULE of any "sucks" sites is ABSOLUTELY NO ADVERTISING SHOULD APPEAR.

    You ran adverts, you have to be a man and take the punishment. Getting dumped by CJ is probably better than getting a $100,000 fine under the Lanham Act.

    Don't whine at CJ, they're actually doing you a favour.

  14. #14
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    Quote Originally Posted by Poopie Nubert
    "I ask you all to leave CJ too if you blieve in the First Amendment and what this country stands for."

    Cj is not a Government entity. Nor am I.

    There is no free speech protection from the private or business sector.

    Go back to school.

    Question to Poopie Nubert....

    The sig: Are you a victim of Affiliate Marketing? Psst.

    Do you really mean that?


  15. #15
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    Trademark infringement:

    3) that the defendant used the mark in commerce, "in connection with the sale, offering for sale, distribution or advertising "of goods and services;
    http://www.chillingeffects.org/protest/faq.cgi#QID80

    So the trademark was used in connection with advertising of companies that provide goods and services by running CJ adverts. That advertising is an infringement on trademark protection.

    There's no reason why CJ should make themselves the target of litigation on behalf of someone who's doing it in violation of their publishers' agreement that the publisher agreed to in order to participate in CJ programs.

    The sig: Are you a victim of Affiliate Marketing? Psst.

    A victim is someone who suffers damage by the actions of another party through no fault of their own. Someone reaping the consequences of trademark infringement because of something they knowingly did doesn't constitute "no fault of their own."

    It's CJ who would have been the victim if that company had filed a lawsuit against them for their ads running on that site.
    Last edited by webworker; September 25th, 2006 at 03:38 AM.

  16. #16
    Newbie DataFeedFile.com's Avatar
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    I think most of us understand what CJ is doing, which I think it is right.

    I would suspend, delete, whatever any account that has potential legal issues in a heart beat. The fact that you were ever participating using those web site domain names itself was surprising to me.

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