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infringements notice for my website - please advice
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Spike Offline
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Post: #1
infringements notice for my website - please advice
I got a email from Lonely planet asking me to remove there Lonely planet name but not forcing on it. I am not using their logo or refer to any of there websites/books etc etc. I want to keep the name on my site.

Probably some hater notified them and since the mail is from Australia and i got a serial hater ( guy ) from there.

Any (legal) advice on this ?

This is the mail i got :

Dear Neil Skywalker

I assist with the management of Lonely Planet Publication Pty Ltd’s brands, trade marks and URL addresses. It has come to my attention that you are currently using the Lonely Planet name in your blog Around The World in 80 Girls: The Not So Lonely Planet, found at http://www.aroundtheworldin80girls.com/, and on your business card.

As you may know, the Lonely Planet name is very well known, and is recognizable in many countries. For nearly 40 years we have worked to build a reputation in the Lonely Planet name, and that name has become synonymous with quality travel products and information. It is the subject of trade mark protection in a large number of countries internationally, and is the cornerstone of Lonely Planet’s extensive trade mark portfolio.

When other people or businesses use our name or logo without permission, it creates confusion for travellers, who may think we have endorsed a product that in fact we have nothing to do with. We request that you remove Lonely Planet from your blog name and your business card.

We would appreciate your prompt cooperation in this matter, and await your response within 7 days.

Regards,

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-17-2011 12:46 PM
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Roosh Offline
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Post: #2
RE: infringements notice for my website - please advice
Either hire a lawyer or do what they say.

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09-17-2011 02:41 PM
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speakeasy Offline
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Post: #3
RE: infringements notice for my website - please advice
I'm not sure what type of dimbulb would confuse your site for lonely planet. Only legitimate issue I can think of on their part is that search engines may funnel searches to your site when someone types in "lonely planet". I think that may be a valid complaint.
09-17-2011 03:12 PM
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Jalouse Offline
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Post: #4
RE: infringements notice for my website - please advice
I would actually view this as a good opportunity, I would try and get some press out of it. I could easily see some outlets picking up the story about how the lonely planet doesn't approve of people trying to enjoy the additional attractions that a country has to offer.
09-17-2011 04:08 PM
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MikeCF Offline
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Post: #5
RE: infringements notice for my website - please advice
(09-17-2011 03:12 PM)speakeasy Wrote:  I'm not sure what type of dimbulb would confuse your site for lonely planet. Only legitimate issue I can think of on their part is that search engines may funnel searches to your site when someone types in "lonely planet". I think that may be a valid complaint.

Well..........It's not as if the OP came up with the "lonely planet" slogan. He's trying to capitalize on something that someone else thought up.

Whether he can or not is a legal question I'm not qualified to answer, though this line of reasoning would seem to apply:

http://www.abajournal.com/news/article/6...mark_case/

At least the Lonely People planet are being dicks about it, and their "demand letter" was very civil.
09-17-2011 04:29 PM
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oldnemesis Offline
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Post: #6
RE: infringements notice for my website - please advice
(09-17-2011 12:46 PM)Neil Skywalker Wrote:  Any (legal) advice on this ?

I doubt anyone gonna give you legal advice on the forum. For this you have to retain a lawyer.

Other than that, I told you some time ago when we discussed that pic, you seem to be kind of person just looking to get into some legal trouble, so sooner or later it would happen anyway. Which is fine - some people have to touch the hot iron to learn to avoid it in future. Hopefully you won't spend too much money figuring it out.
09-17-2011 05:30 PM
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username Offline
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Post: #7
RE: infringements notice for my website - please advice
Just change "Around The World in 80 Girls: The Not So Lonely Planet" to something like "Around The World in 80 Girls: Exploring the world one girl at a time" or similar.
09-17-2011 11:48 PM
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Jim Kirk Offline
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Post: #8
RE: infringements notice for my website - please advice
What jurisdiction do you operate out of? - I.E. New York, United States? That means alot. I've worked on trade dress/consumer confusion cases - if you are in the US you will can get sued in federal court anywhere for this type of stuff. It's a nightmare. PM me the name of the lawyers handling the case for Lonely Planet - or if the letter was CC'D to a law firm -

The demand letter was NOT civil -

1. Treat the letter very very very seriously.

You should also delete this post - if the case has been referred to higher end IP attorneys they may already have bots scouring the internet for anything you do or say. I know from personally seeing it happen - I've represented companies that merged and my adversary knew about it before I did.
09-18-2011 12:03 AM
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oldnemesis Offline
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Post: #9
RE: infringements notice for my website - please advice
(09-18-2011 12:03 AM)Jim Kirk Wrote:  What jurisdiction do you operate out of? - I.E. New York, United States?

He's from the Netherlands. However the domain/hosting he uses is in Provo, UT. No idea if it brings him under the US jurisdiction, and personally I have no idea why someone from Europe would use the US-based web host. Too many potential liabilities here.

Quote:You should also delete this post - if the case has been referred to higher end IP attorneys
they may already have bots scouring the internet for anything you do or say.

It is too late.
Even some very tech-sawwy lawyers I worked with underestimated how fast things happen on Internet, and how difficult it is to clean them up.
(This post was last modified: 09-18-2011 03:32 AM by oldnemesis.)
09-18-2011 03:31 AM
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Amour Fou Offline
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Post: #10
RE: infringements notice for my website - please advice
bureaucracy + no sense of humor = the downfall of the human race.

You see, all I know is ball, and good, and...
09-18-2011 08:14 AM
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Chad Daring Offline
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Post: #11
RE: infringements notice for my website - please advice
Seems like a really trivial thing to get your ass in deep trouble for. Three words are not worth the possible repercussions of what could happen.

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09-18-2011 09:41 AM
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worldwidetraveler Offline
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Post: #12
RE: infringements notice for my website - please advice
(09-18-2011 08:14 AM)Amour Fou Wrote:  bureaucracy + no sense of humor = the downfall of the human race.

If you're talking about Lonely Planet trying to protect their trademark then I disagree.

They have to put effort into protecting their trademark otherwise they could lose it.

Besides, they put a lot of money into branding themselves so why would they let any smuck capitalize on their brand. I bet you would feel the same if someone was using your brand to promote something that could ruin your reputation.
(This post was last modified: 09-18-2011 11:11 AM by worldwidetraveler.)
09-18-2011 11:09 AM
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Smitty Away
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Post: #13
RE: infringements notice for my website - please advice
Do the risk/reward analysis on it.
At the end of the day, your site doesn't seem like a big money-maker. Understand you put a lot of work into it, but is it really worth the hassle.
09-18-2011 11:53 AM
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Gmac Offline
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Post: #14
RE: infringements notice for my website - please advice
I don't think they have a case at all. But it might not be worth the hassle.

Vice-Captain - #TeamWaitAndSee
(This post was last modified: 09-18-2011 09:21 PM by Gmac.)
09-18-2011 09:19 PM
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UgSlayer Offline
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Post: #15
RE: infringements notice for my website - please advice
Change "The" to "A"
09-19-2011 09:00 AM
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Vicious Offline
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Post: #16
RE: infringements notice for my website - please advice
Move your site to a webhost in a country that gives shit-all to this kind of paper tiger.

I recommend Bahnhof that hosted The Pirate Bay for a looong time until SWATs actually came and took the servers out physically.
09-19-2011 09:58 AM
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haywire Offline
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Post: #17
RE: infringements notice for my website - please advice
What if you add a disclaimer saying something like "This website does not have any association whatsoever with Lonely Planet" ?

Game is a necessary evil
09-19-2011 10:00 AM
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Menace Offline
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Post: #18
RE: infringements notice for my website - please advice
Change "Lonely" to "Lonesome." Problem solved.
09-19-2011 10:16 AM
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playa_with_a_passport Offline
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Post: #19
RE: infringements notice for my website - please advice
I actually have been thru something similar to this. I used to have a blog about Bachata music back in the late 1990’s before I even knew what blogging was. Nothing big at most I think I got about a 1000 hits. The lawyer of one of the artist I wrote about sent me a take down notice about an entry I made. The email was talking very reckless and that they were going to sue me and shit. Now, back then I was Young, Dumb and Full of Cum, I wrote them back that they can go fuck themselves and that I aint taking shit down and suck my balls. Needless to say, they went around me and sent the same notice to my hosting company and they quickly shut my site down without as much as a warning. They fucked me really good because I never got around to backing the site up. Now thinking back being older and wiser, I should’ve just deleted the entry.
09-19-2011 11:16 AM
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Spike Offline
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Post: #20
RE: infringements notice for my website - please advice
Been off the net for a few days busy with dating and banging in Paraguay ( data sheet will follow), but will answer your comments now. I will see what happens when i don't reply to the email from Lonely Planet.

A possible reply will be that more sites use the phrase "not so lonely planet". i did a google search on it.
http://www.google.com.py/search?aq=f&sou...ely+planet

There are even a few blogs with the phrase "not so lonely planet" in their url. Is Lonely planet gonna write to all of them?. Not to mention the catch phrase of Naughty nomad. i will mail him my email from lonely planet too.

I'm pretty sure who is behind this, a guy whom i never met in Colombia heard of my site from people in the hostel and gave me a rant in a comment. I had those before so i decided not to reply to it because he might find out my real name from the hostel i stayed in and start giving it away on the net ( exposing me) I don't know why this cunt has a problem with me but the idiot send me the hate comment with his own name in the mail and i looked him up on facebook. He is a total beta loser. He's from australia and that where the lonely planet mail is also from.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
(This post was last modified: 09-19-2011 12:20 PM by Spike.)
09-19-2011 12:17 PM
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Spike Offline
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Post: #21
RE: infringements notice for my website - please advice
(09-17-2011 04:08 PM)Jalouse Wrote:  I would actually view this as a good opportunity, I would try and get some press out of it. I could easily see some outlets picking up the story about how the lonely planet doesn't approve of people trying to enjoy the additional attractions that a country has to offer.

I've been thinking of this. Some newspapers or sites might pick it up and give me free publicity.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-19-2011 12:22 PM
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Spike Offline
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RE: infringements notice for my website - please advice
(09-17-2011 11:48 PM)username Wrote:  Just change "Around The World in 80 Girls: The Not So Lonely Planet" to something like "Around The World in 80 Girls: Exploring the world one girl at a time" or similar.

That's actually a good phrase, i might use it if i get in trouble with Lonely planet.

ThanksIdea

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-19-2011 12:25 PM
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Spike Offline
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RE: infringements notice for my website - please advice
(09-18-2011 03:31 AM)oldnemesis Wrote:  [quote='Jim Kirk' pid='94291' dateline='1316322193']
What jurisdiction do you operate out of? - I.E. New York, United States?

He's from the Netherlands. However the domain/hosting he uses is in Provo, UT. No idea if it brings him under the US jurisdiction, and personally I have no idea why someone from Europe would use the US-based web host. Too many potential liabilities here.

Quote:You should also delete this post - if the case has been referred to higher end IP attorneys
they may already have bots scouring the internet for anything you do or say.


Too be honest i was just looking for a reliable host when building my website. I had no clue on how to build websites when i started and didnt even think about legal consequences. I think its possible to change to a host from country/ small pacific island that doesnt give a damn.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-19-2011 12:29 PM
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Spike Offline
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Post: #24
RE: infringements notice for my website - please advice
(09-18-2011 09:41 AM)Chad Daring Wrote:  Seems like a really trivial thing to get your ass in deep trouble for. Three words are not worth the possible repercussions of what could happen.

Yep. you're right. I'm not gonna fight a might company like the lonely planet over it and will change if requested but may well get some free publicity of it.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-19-2011 12:31 PM
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ManAbout Offline
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RE: infringements notice for my website - please advice
(09-19-2011 12:17 PM)Neil Skywalker Wrote:  There are even a few blogs with the phrase "not so lonely planet" in their url. Is Lonely planet gonna write to all of them?. Not to mention the catch phrase of Naughty nomad. i will mail him my email from lonely planet too.

Which is why I am wondering why you are so tied to this phrase. Your theme is "Around the world in 80 girls". The "Not so lonely planet" part of it is really irrelevant. You could change that second part of your message around as long as you keep the first part.

Not sure how much effort Lonely Planet will go through to actually force to change it. But, if they become persistent, just change it. It is not your identity. So, who cares.
09-19-2011 12:31 PM
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