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Discuss I just got a visit from a Lawyer representing Apple at the General - Hackint0sh.org; Originally Posted by NotFound You got it wrong. The $100,000 fine is for cybersquatting domain ...
  1. #21
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    Quote Originally Posted by NotFound View Post
    You got it wrong. The $100,000 fine is for cybersquatting domain names, and copyright is a whole separate issue. However, the good news is that I haven't heard any individual ever got charged for thatmisunderstood .
    On the other hand, you should not use the same design under a new domain. It will only continue to infringe their copyright of the design.
    Trademark infringement is from the domain name.
    Copyright infringement is from the content (such as designs).
    Sorry you misunderstood me, I was saying that I will create the same site but with a different design.

    What I didn't get is that thing you were talking about forwarding the domain, why will that avoid the problem of having the word 'iphone' on the domain

    I noticed the Dev Team also forwards their domain iphonedevwiki.com ?


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    Quote Originally Posted by Spinstorm View Post
    WRONG!

    lol

    It doesn't matter if your mum is a UN organisation at the end of the day if the Costa Rican civil law system has no interest in that area of law.

    And lets face it - I hardly think that it that they are going to be going after him for copyright infringment in a country where the LAST problem they have is the one Apple MAY be complaining about!

    Do you really think that anything would happen? come on!

    So get over it - he is safe - the worst thing that could happen is the domain name is changed.

    And realistically nothing will happen...
    Well Costa Rica does have legislation about Intelectual Property. Although is very new and not very well done so people always find a way out of it.

    The Lawyer says in the letter that it's an illegal act by the Costa Rica and International laws... But I guess I'll have to figure it out with another lawyer, I doubt it.

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    Apple is one of the owners of the WORD MARK, IPHONE. The trademark infringement is really established upon the usage of the domain and the purpose of the registration.
    If you register a domain name with a part of it being a trademark, for instance, IPHONE, and you use it to talk about Apple's iPhone no matter how, it is an infringement of their trademark. They own the exclusive right to use the word, iPhone.
    If you register such a domain name in order to sell it to the trademark owner for any kind of return, it's called bad faith registration.
    If you register a domain as an alias or typo of a trademark, it's called typosquatting. If you put any content related to the trademark, it's in infringement.
    Overall, if any of the content you put of such a site dilutes the trademark, the trademark owner can seek for heavy damage, and you will be in serious trouble.

    Apple just need to prove any one of the above to satisfy WIPO to take your domain away.

    What I suggested to you was to register a domain like iFoneCostarica.com and forward iPhoneCostarica.com to it. Although this is still a potential typosquatting technically, Apple doesn't seem to bother with this any more (take a look at ModMyIphone.com).

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    Quote Originally Posted by Dezur View Post
    Well Costa Rica does have legislation about Intelectual Property. Although is very new and not very well done so people always find a way out of it.

    The Lawyer says in the letter that it's an illegal act by the Costa Rica and International laws... But I guess I'll have to figure it out with another lawyer, I doubt it.
    No matter what, they can file a WIPO (http://www.wipo.int) or UDRP (http://www.icann.org/udrp/udrp.htm) complaint in the US, and you can answer it by email. If you fail, they will take the domain away for nothing, unless you appeal the decision to the court. If you need to consult a lawyer, here's a good one: Brett (http://www.lewishand.com/).

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    Dude just change the domain name to www.ifonecostarica.com, and change the layout. Then they cant do shit.

    Oh and also add a disclamer explicitly stating that you and your comapny are in no way affiliated with the Apple Corporation.
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    Register the domain before someone else take it.
    Go to http://buydomain.cd to get discount on registrations.
    Remember, you have 5 days to cancel your registration and get full refund.

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    I already registered the domain IFONECOSTARICA.COM this time with private domain registration

    Thanks everybody for the tips, so basically I'm planning to create a new design this week, add a disclaimer, make the IPHONECOSTARICA.COM domain private and forward it IFONECOSTARICA.COM

    Although from why I understood to the lawyer representing 'Apple Corporation' they want me to change the domain or cancel it.

    Doing the forward will avoid more crap from Apple???
    ModMyiPhone.com had the same problem and did the same thing???

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    Quote Originally Posted by Dezur View Post
    I already registered the domain IFONECOSTARICA.COM this time with private domain registration

    Thanks everybody for the tips, so basically I'm planning to create a new design this week, add a disclaimer, make the IPHONECOSTARICA.COM domain private and forward it IFONECOSTARICA.COM

    Although from why I understood to the lawyer representing 'Apple Corporation' they want me to change the domain or cancel it.

    Doing the forward will avoid more crap from Apple???
    ModMyiPhone.com had the same problem and did the same thing???
    Yeah, modmyiphone.com changed their name to modmyifone.com.

    If I was in your shoes I would had registered "iph0necostarica.com" just to phuck with them. lol

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    Quote Originally Posted by RiqTosh View Post
    Yeah, modmyiphone.com changed their name to modmyifone.com.

    If I was in your shoes I would had registered "iph0necostarica.com" just to phuck with them. lol
    I hope you were joking. That's just a stupid way to react, and it will only give him a bad image when answering a complaint which may lead to a large penalty.

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    Quote Originally Posted by Dezur View Post
    I already registered the domain IFONECOSTARICA.COM this time with private domain registration

    Thanks everybody for the tips, so basically I'm planning to create a new design this week, add a disclaimer, make the IPHONECOSTARICA.COM domain private and forward it IFONECOSTARICA.COM

    Although from why I understood to the lawyer representing 'Apple Corporation' they want me to change the domain or cancel it.

    Doing the forward will avoid more crap from Apple???
    ModMyiPhone.com had the same problem and did the same thing???
    Private reg is nothing. Trademark owners still can force the registrar to turn it off any time, unless you use a 3rd party private registration service. In fact, any notification based on the whois may not reach you if the private registration service providers don't forward it. You will be defaulted in case of a complaint if you don't answer in a certain period of time.
    Last edited by NotFound; 12-06-2007 at 08:31 PM.
    :-)


 

 
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