Internet Marketing Tycoon

**handsome rob** · 08-07-2006, 06:04 PM

Heard this was going to happen several months ago and then nothing. Just grabbed it off DNForum...

Here is a copy of the MySpace Cease & Desist letter as sent to MySpaceSupport.com:

MySpace, Inc. is a Delaware corporation (”MySpace”) that operates an online community under the federally registered trademark MYSPACE (Reg. No. 2,911,041).

It has come to our attention that you are operating websites under the domain names www.MySpaceSupport.com and www.MySpaceTalk.com. We are writing to demand an immediate halt to certain ongoing illegal activity.

You are illegally using the MYSPACE mark in your domain names and on your websites. Your websites offer visitors, among other things, MySpace support and discussion forums, codes, tutorials, and toolbars to allow MySpace members to personalize their member websites. MySpace has not authorized the creation of any of these features or the use of our federally registered trademark.

You are also illegally using the MySpace logo on your website.

Your activities violate various federal and state laws, including without limitation trademark and trade dress infringement and false designation of origin under the Lanham Act, 15 U.S.C. § 1051, et seq., and trademark dilution under the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125©.

By this letter, MySpace demands that you and any of your affiliates, officers, employees, agents, or other persons or entities acting in concert with you or at your direction, immediately cease and desist from the activities described above in connection with your website or other products or services. Without limiting the foregoing, we hereby demand that you remove the sites www.MySpaceSupport.com and www.MySpaceTalk.com from the internet, cease using the name “MySpaceSupport” and “MySpaceTalk”, and relinquish and transfer the www.MySpaceSupport.com and www.MySpaceTalk.com domains to MySpace.

Your activities are causing and will continue to cause MySpace substantial and irreparable harm. You will be liable for the damages suffered by MySpace, and will be subject to penalties, fines and even criminal imprisonment.

If you have any questions, we can be reached at legal@myspace.com or the below-referenced address. MySpace expects you to comply with this demand as soon as possible, but in no event later than five (5) business days after the date of this letter. Please contact us immediately regarding the mechanics of transferring the www.MySpaceSupport.com and www.MySpaceTalk.com domains to MySpace.

This letter is not a complete recitation of all the claims, issues or facts related to this matter. This letter should not be construed as a waiver of any rights by MySpace, including, without limitation, the right to seek monetary damages, equitable relief, and attorneys fees, all of which are expressly reserved.

Very truly yours,

MySpace, Inc.

Legal Department

**matrixlover** · 08-07-2006, 06:20 PM

I know a person that ignored the letters and responded in this way. He argued that even though his site was a support site, the rights of the name myspace doesn't apply to his URL. He argued that myspace could just mean "my-space" meaning that space of someone. Doesn't have to be illegal?

Lol and whoever was using the myspace logo on the website isn't really the smartest person.

**Andreas Bard** · 08-07-2006, 06:25 PM

Interesting . . . I will follow this up for sure.

//Andreas

**handsome rob** · 08-07-2006, 06:30 PM

Quote:

Originally Posted by matrixlover

I know a person that ignored the letters and responded in this way. He argued that even though his site was a support site, the rights of the name myspace doesn't apply to his URL. He argued that myspace could just mean "my-space" meaning that space of someone. Doesn't have to be illegal?

Lol and whoever was using the myspace logo on the website isn't really the smartest person.

This could possibly work for a domain name, but not for an entire website. Would also rely heavily on whether the domain was registered before or after myspace. You'd have a hard time convincing a judge that you really didn't intend for people to think your site had anything to do with myspace.com.

**Lpspider** · 08-07-2006, 06:36 PM

That sucks... but couldn't they change the URL and just redirect? They keep the traffic and then get myspace off their back. Right?

**NavySeals91** · 08-07-2006, 06:50 PM

I don't think after the C&D I got one from a publishing company...they said I could keep the name until it drops, just can't change the DNS.

**Hobbit** · 08-07-2006, 08:37 PM

That sucks, I barely bought a good domain with myspace in it yesterday.

**Sygon** · 08-07-2006, 08:46 PM

So we're not aloud to have 'myspace' in our domains now?

**Hoang** · 08-07-2006, 08:55 PM

I believe Tom actually contacted him and got things worked out:
http://www.sitepoint.com/forums/showthread.php?t=335237

**unionisnotdead** · 08-07-2006, 09:55 PM

Quote:

Originally Posted by Hoang

I believe Tom actually contacted him and got things worked out:

Well ofcourse... If that were my site you would see a page not found error

**Hobbit** · 08-07-2006, 10:47 PM

Hahah everyone is so into that topic, I love it as well. This wouldn't hurt me much as I just found another niche, but it would still help a lot specially sing I bought a domain yesterday.

I was thinking the same thing, resource sites HELP OUT myspace believe it or not, why should it be shut down?

**garg** · 08-07-2006, 11:32 PM

It's almost as if companies like shooting themselves in the foot

This isn't the first time that I've seen a company sending a C&D letter to a site that was actually helping them.

If they become very aggresive with this then there are other social networks that we could help by providing them with free layouts and stuff.

**lyndoman** · 08-08-2006, 08:41 AM

Quote:

I was thinking the same thing, resource sites HELP OUT myspace believe it or not, why should it be shut down?

It's because the suits have taken over at Myspace and they just don't understand the web. Remember Warner brothers and the kid with the Harry Potter site?

They don't get that sites like this only help the Myspace brand. They want to control the brand, but they don't realise the brand is no longer theirs, it's the users of Myspace.

This is indicative of the corporate culture of News Corporation, they are extremly litigious, and there is a reason they got into the web biz so late.

They just don't get it.

There is safety in numbers, there are hundereds of websites out there with myspace in the domain, they wont go after them all. They just want to scare off the meek.

I reckon Myspace will go down the tubes with a combination of being uncool and corporate and all the spam which is only starting to get going. Once they ban a few thousand genuine members whom they accuse of spamming, that's when the fun starts.

Other sites like Bebo are waiting in they wings. They are only ever a few clicks away from a cyber death, so unless Myspace start to treat its community like with respect they wont be around very long, even when supported with the profits from the likes of Google, who have just struck a deal with them.

**imported_Luke** · 08-08-2006, 09:08 AM

I disagree in this instance. myspacesupport.com looks like an official domain name and I think the majority of myspace users visiting the site thought it was offical. This in turn probably annoyed Myspace as it betrays the same look as 100s of myspace sites out thr and it focused around ads. I just think Myspace wouldn't want myspacesupport.com being as popular as it is without controlling it and if I was a suit in Myspace I would of sent that letter and either way myspacesupport.com would be mine.

**GeorgeB** · 08-08-2006, 10:04 AM

This has been known for quite a while and it's usually the reason you'll see people selling their "highly profitable myspace resource sites".

After reading this you shouldn't have to ask why.

**imported_Max** · 08-08-2006, 01:41 PM

That C&D is pretty old. They're still sending out the occasional C&D.

**lyndoman** · 08-08-2006, 06:07 PM

Quote:

Some fans of the social networking site have built domains like MySpaceSupport.com in support of the popular service; MySpace's corporate masters at News Corp have rewarded those fans using MySpace in their domain names with the gift that keeps on giving: cease and desist letters.

http://www.webpronews.com/insiderrep...InMySpace.html

**unionisnotdead** · 08-08-2006, 07:22 PM

Eventually one of thots brats will actually be sued and have to pay up big.

**mr_smith** · 08-09-2006, 07:48 AM

MySpace have a legal duty to actively defend their trademark otherwise they will lose it, legally speaking. If they don't lay down a legal paper trail to show that they have taken the necessary legal steps required of them by Trademark laws, they would find it impossible to protect their Trademark if someone really tried ripping it off or used the mark in bad faith; e.g. another social networking site called "myspaces.com" or similar situations.

**imported_Keyz** · 08-09-2006, 08:20 AM

Since that thread on Sitepoint is dated January 06, I take it nothing bad did end up happening.... myspacesupport and many others still seem to be going strong

I also agree MySpace would be nuts to actually want those resource sites to be gone (other than to cover themselves legally).... what their users want speaks for itself - almost every MySpace profile I've ever seen has been "pimped out" with the goods from sites like that. If MySpace were really going to make it an issue, a possible good approach to combating them would be to get the users on your side (i.e. "we want to give you guys all this great free stuff, but the suits won't let us").