While I don't know all of the facts of your situation, you are infringing on their trademark (unless you have contracted around that). Just make sure you seek legal advice and read other court decisions, otherwise I have a feeling you are going to get steamrolled by their high-priced suits...
Why pay an affiliate when they own the rights to those domains anyway?.
Its totally fair....
I think if you have been promoting them & them only via their ? affiliate site you may be OK.
However , I see that the link(s) go to WorldBook.com, BikersLeatherDen.info.
I think you are stuffed for trademark infringement...
Idon't think they own them because I purchased them .. ithink if they had wanted the domain names I purchased they should have !..
You don't own the TM, they do. You're suggesting every company buy every possible domain with their TM in it to avoid cybersquatters from mooching of their name? They don't want the domain names, I'm sure. They just don't want you siphoning off their traffic and revenue by using their name in bad faith...
Hi thanks for the feed back but at the time before they barnes and nobles fired me as affiliate that was all that I used them for ifeel that if ipurchased them that reason only ..Ihad only trasfored them here latly because ifeel why waste all that work I did promoting them and getting them listed into the search engines ...i can use the traffic there in stead ..there loss my gain .. my work mty domain names ...you know thats how I feel ! they had there chance but no o ne said anything about them for over three months ..until they started getting hits then all of a sudden they want me to give them what I worked hard to create I just hope they the arbatration understands what iwas doing was promoting what I was hired to do ...just doing my job welll!..
Go ahead and tell that to a judge and see how far you get...
Iwas hired as a affiliate with barnes and nobles so I used the domain names I purchased ...to promote only barnes and nobles until they fired me as aa affiliate and wanted me to just give them my domain names .. isaid noway you can purchase them and pay mre for three months of getting them listed into the majar search engines ..after I done all the work ..you see I payed for them for a long time career with barnesand nobles as a afiliate and I feel that all I was doing was just doing my job and doing it well !..
While I understand you are angry about this situation, you are not on the winning side of this legal issue. Feel free to hire and attorneythey will charge you upwards of $150/hour and tell you the same thing I have...
It's their trademark.
I'm 99% sure they will have something in their T&C's to cover this kind of situation. Every affiliate I've ever signed up with has that clause - "you can't use typos of trademarks or derivations to promote our products".
Just give them the domains. You can't win this, you're the typo squatter. No matter how much work you put into them, they weren't legally yours in the first place.
EDIT:That's an open and shut case if ever I saw one.
Game over, give them back their trademarks...
Lol you're screwed, you've lost already.
Be glad they are only wipo'ing the names and not pursuing a full blown lawsuit.
This has to be the PERFECT example of NOT what to do if you ever get hit with a wipo.
You're also grossly misinformed / delusional if you think you were an "employee" of theirs because you signed up as an affiliate...
Hello eveyone thanks for the feed back ..but I think everyone has the wrong picture of this ..here is the story I was hired as a afiliate with barnes and nobles so I get a good ideal at the time to buy some domain names close to there trade marked name the ones I purchased they did not own .. ifeel if they wanted them they shopiuld have bought them just like anyother company done so like ebay ...for example you cant find anything close to there name ..because they protected it ..but any how after I bought the domain names I worked hard many hours of promoting there product that I had my domain names forwarded to my barnes and nobles affiliater link that was the onlything they were used for at the time ...so after they got listed aND I STARTED GETTING HITS THEY BARNES AND NOBLES DECIDES I WAS GETTING ALOT OF TRAFFIC so they fdecided I could not use the way iwas promoting .. I but the way isee it was that they stood a chance of profitting from my work also in a great deal I was only going to get paid for what athey would have sold I got a commion on that only but they are trying to say that it was click fraud .. I cant understand that ...now if I was useing there name for the book world before.. then I could understand the deal with arbtration ...but iwas not and I was just doing my job that I was hired to do ..my way and it was beginning to work well I was getting over ten thosand hits a day ...so tell me why you think they want them domain names ? .
After I got them listed .. I did offer to sell them back to them for what I had in them but they refused and they said I was trying to exstort them or something like that but all iwasnt was payed for my time of promoting them and what I paind for the five domain names ...thats not asking to much.. but I did get them appraised as a afriend instructed me to do so ..and sent them the appraisal vaule just so he would know that I know what they were worth.
But understand I didn not ask for that amount not one time one of them is worth over a 10000.00 dollars but I only wanted my 8.00 dollars back plus tobe paid for the time of promoting them...big differance..
I don't understand that ..what do you mean they were not legaly mine .. I had worked hard for the money to purchase them ..if they were not legal then why are they legaly sold ..i feel if they can be sold then ishould be able to use them any way I feel like useing them..if they had wanted them to be a part of there trade mark then I feel they should have purchased the just like any other company does ...for example try and get one like ebay ..impossable they coverd that ?
You may want to take a looksies at uspto.gov..
Again Iwas a affiliate iworked for them and used them for there gain and mine I only got paid if they made money to that is what I was hired to do!!!!..
Always got tobe some kind of jokerster ...reall fuuunnny...lololololoooo.
Icant't stop laughing I'TS NOT A CRIME ..MOST THAT CAN HAPPEN AT THIS POINT IS THAT THEY CAN TAKE THEM .. I JUST SAID MY SIDE OF THE STORY AND THERE AND THERE IS A PLACE I CAN USE THESE NAMES IT BARN S ONNOBLE STREET ABOUT A SMALL BOOK STORE RUNNING OUT OF ROOM AND MOVE IT TO MAIN STREET BARNS ON NOBLE .ST - http://barnsonnoblest.blogspot.com.
BARNS ON NOBLE .ST - http://barnsonnoblest.blogspot.com..
Why are you trying to argue against this? By acting immature like this what else do you expect people to tell you? Even if a person here tells you "You can win this battle 100%" what good does that do for you?.
Arguing on the internet is like running in the special olympics, even if you win your still retarded. I know sounds a bit harsh......
You = loser.
BN = winner.
You don't appear to be able to comprehend some basic things so I won't bother to explain any of them...
READ YOUR AFFILIATE AGREEMENT!!!.
If you did that in the first place. Otherwise, you just learned a hard lesson the.
You may find it unfair all you want. But if you didn't read and understand your.
Agreement with them, who's to blame?..
Not true. They also potentially can get you to pay their high priced lawyer's fees and possibly get damages from you. Before you start dictating to others what the law is, make sure you know what it allows...
Your relationship with Barnes & Noble is governed by their affiliate agreement.
It is a contract between you and Barnes & Noble.
Whether what you have done is "okay" in some cosmic sense has NOTHING to do with whether you abided by the terms of your contract with Barnes & Noble.
The affiliate agreement is here: http://www.barnesandnoble.com/affili...eement.asp?z=y The uniform resource locators (URLs), domain names or other identifiers of the Affiliate Partner Site shall not contain any Barnes & Noble.com Mark or any derivative thereof without the express written consent of Barnes & Noble.com. Such Barnes & Noble.com Marks and derivative include without limitation "barnes," "noble," "barnesandnoble.com," "bn," and "bn.com.".
Now, what part of that do you not understand?.
As an affiliate, those are the terms to which YOU agreed.
On edit: ah, that's what I get for jumping the gun. B33R nailed it...
You asked for feedback and we're giving it to you and we're telling you the truth, Barnes and Nobles owns the rights to those trademarks and I would think that it is cheaper just to give up those domains than hire a lawyer and go through some lawsuit that you'll probably lose anyways...
That is EXACTLY why the complaint was madeIf you were selling Cans of Coke and Burgers ,than there would be be no confusion on the part of consumers (surfers) ...
I didn't think we were hired as affiliates, we are sign up to be an affiliate, they accept your application, in turn, we agree to THEIR terms. (in this case, BN affiliates may not use BN TMs).
This is a hard lesson, but be warned, the penalties and consenquences for cybersuatting maybe be one or all of the following (or any combination thereof):.
Payment to the TM of ALL monies earned from the domains.
Payment of all legal fees.
Fined up to $100,000 per occurenace (meaning each TMed domain you own).
Labeled a squatter and having that used against you in future disputes.
This is a losing battle, just do as they ask..
When you join as an affilate you are not hired to work for them... you can moan all you want.. there are laws that force you to abide be trademark infringement. If it was your company you would do the same...
Sorry but I was told this directly from arbatration now barns and nobles they could come back and sue and maybe they will I dont have no money or own anything iwould just have to include then in a bankrupsy that is why iwas earn money .....all I wanted was the money back that I spent... I think that they should have offer this back.
If nothing else.... or I should be allowed to own the domain names but not to put them to use..it was my hard earned money that was spent ...so I used them like iwas directed to ... I paid for them ..there were no money made off of them ,,, they are getting well listed domain names for free // I now understand that they own the trade mark all yhat was a big mistake on my part for not reading all the agreement ... io did put alot of time in this cory rudis ideal and I had bought one of his proograms that explained how this works so could I gpo back on that and sue it did not state that it was btreaking any rules or laws ?
It doesn't work that way. You did something that was illegal, nobody needs to compensate you for anything. And you could lose alot more.....
I think a few of you are very rude in your comments I just asked for for advice and oppions not to be down graded for what I thought was faiir weather it was right or wrong..
I don't think anyone is being rude. You're just being extremely dense and hardheaded about the truthful advice that is being passed...
You were profiting from their trademark.
They have every right to take it from you...
In the absence of the specific terms of the affiliate agreement, I'm not sure I agree with that proposition.
A bar that hangs a "Budweiser" neon sign in the window is profiting from the Budweiser mark. Ditto a supermarket that hangs a "Coca-Cola two for five dollars" sign in the window.
In a basic sense "profiting from someone else's trademark" is what EVERY retailer is doing, just as Barnes & Noble is profiting from the copyrights of every author of every book in their store. That's what people are SUPPOSED to do.
The OP seems to get that, but didn't seem to get the "catch" in the affiliate agreement wherein he specifically agreed not to use BN marks in URL's...
But this is obviously a trademark infringement... there is no way you can get a domain with barnes and nobles without profiting from it... unless you were to sell rugs for example and decided you would use that name.
This is similar to google names... plenty of people reg them, stick a google button or search there and say they are promoting google's services. However, it is still trademark infringement nonetheless and they are asked to transfer their domain to google or be taken to court.
These domains should never have been registered, so it's your waste of money...
Well, you're gonna have to expect this sort of thing from now on. No matter.
What forum you participate in, there are people who post seemingly rude but.
Sometimes meaningful comments.
Try to look outside the form and into the substance. The substance is more.
Important, after all.
But if you feel it's too much for you, then come back at a later date when you.
Regained your cool...
Rude?? no, just being blunt when someone wants to argue in circles when they are clearly wrong...
Instead of complaining how rude people are here, you should be thanking posters for their candid comments that could save you thousands of dollars...
Seeing as this thread shows no signs of stopping I'll comment again!.
I think DNQuest summed it up pretty well. Hopefully you've learned an important lesson (READ the affiliate agreement when you sign up to it) and that you've handed them their* names back. (*I use "their" because they are their trademarks - you can't dispute that!) To be honest, "blunt" sounds about right. You'd expect people to start getting pissed off when they're all telling you the same thing and you just don't want to listen..
Hopefully you've now understood why we've said all that and that you have no "rights" to them because you broke the affiliate agreement you signed up for...