General discussions : Non mobile discussion : Oprah trying to sue me.
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i don't understand, how is it trademark infringement if their company went international AFTER you set up your site/company?
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Posted: 2005-08-29 20:42:44
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because the internet is considered differently?
I don't know the specifics.
I mean, if you open a site called
www.oprahsucks.com and you're in another country, they can nab you because you are ruining the name.
Apparantly they see my site as harming Oprah's image.
They've been getting mail thinking that Oprah has changed her image when they see my site :S
Stupid idiots.
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Posted: 2005-08-29 21:04:23
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i don't see why they are allowed to do something like this when you are in a different country. in my eyes the internet belongs to everyone, not just one country. if they want your site so bad give it to them for the amount of money:
A) the site/domain cost
B) uni fees
C) lost business
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Posted: 2005-08-29 21:55:24
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And a hidden 'i need money' tax
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Posted: 2005-08-29 22:10:53
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lol yes.
I mean if I switch over my site
Oxygen-X and Oxygen Mobile will remain the same
but the domain will change to
Hybrid-inc.com
or my root company
Utopia Inc.
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Posted: 2005-08-29 22:25:59
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i'm still not sure how they can claim dilution given your company existed first outside the US. it may depend on the order in which the two domain names were registered. while logically it sounds fairly simple, i think legally it could be quite difficult to resolve. i suppose it's to your benefit that you aren't actually trying to trade off oprah's name.
if you do have to give up the domain names, other than a stack of cash i suggest you make part of the settlement that they maintain your former domains for 6 - 12 months with a redirect to both your new site(s) as well as oxygen media.
best of luck
EDIT: actually, i had some ideas for your new domain name
lackofoxygen.com
chokedbyoprah.com
asphyxiatedbyuslawyers.com
stagnationtlungs.com
oprahsatonmyurl.com
_________________
Whomsoever you see in distress, recognize in him a fellow man
Gelfen's special place where nobody talks to him anymore 
[ This Message was edited by: gelfen on 2005-08-30 00:14 ]
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Posted: 2005-08-30 01:09:22
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hi guys, iv just read this post and have found it very interesting, i dont feel that Oprah has got a case to close down your site without your consent. I think it would have to be that she pays you to do so and you can name the price. What does everybody else think? also do you think Oprah herself knows anything about this suit or its just people who act on her behalf who have set it all up?? cheers guys
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Posted: 2005-08-30 01:46:06
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from what i understand so far is that amnesia is the rightful owner of the sites/domain name, because he had it up and running a year before oprahs company went international. the trademark infringement thing is bullsh*t, i think they are just trying to use scare tactics to make amnesia give up the domain so they don't have to pay him for what they want.
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Posted: 2005-08-30 01:58:30
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i agree that on the surface they shouldn't be able to make a case, but it depends on the specific wording of the relevant legislation, and whether or not they can show amnesia was (intentionally) trying to use the
oxygen media brand name for personal gain. i'm not at all suggesting that's true but that doesn't mean they won't try to prove otherwise.
it may simply come down to who registered their domain name first, and whether amnesia had any reasonable knowledge of the oxygen media website and/or company at the time.
the thing in amnesia's favour is the timing of the companies being established and that a majority of the website operation is not for profit. it also helps that they are in a different line of business, provide different services, and are based in different countries.
@amnesia: on a serious note you could perhaps change to something like oxygen-inc.co.uk (maybe?).
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Posted: 2005-08-30 02:29:19
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i could change it to .co.uk
but i'm sure they'll have tried to controll that as well, because if they didn't what would their case be?
They dont have an issue with .com they have an issue with the use of the word Oxygen.
They want me to stop using it because it's apparantly associated to Oprah's name only worldwide.
I did know of Oprah's show called Oprah, but I never knew of Oxygen Media.
Most of the people I know in the UK dont even know Oprah has a tv channel called Oxygen.
Their lawyers said that whether or not my site is for profit or not is of no relevance.
However
www.oxygen-inc.com
look at what I've done of my own free will.
*sighs*
they want to domain.
It's simple.
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Posted: 2005-08-30 02:55:55
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