PDA

View Full Version : Mazda Vs Mazda Forums WTF?


Pages : [1] 2

Antoine
06-30-2005, 04:50 AM
Wow :wtf:...Thanks Mazda for sending me...

Template #1 - Trademark Infringement (non-supplier) Cease & Desist Letter

So as you guys know I registered MazdaCX7.com and MazdaCX-7.com. Like any average person can do...I went to my local online registrar and purchased these domains legally with my own money. I've already setup a forum and I hope to develop a place where future CX-7 owners can enjoy discussing their rides.

BUT

Now Mazda...realizing that they didn't register these domains long before anyone knew about the CX-7 is trying to BULLY me for what is rightfully mine and that of this community. Giving me "15 days" bend over...I mean comply...

I can't believe after nearly 4 years of actively supporting Mazda and their products..This is how Mazda shows it's appreciation. By threatening me with freaking Template #1! :rolleyes:

It's interesting to note that this community was founded on a Mazda model domain...Mazda has listed MazdaMP3.com on their site for several years now and has never once indicated that it was a problem!

Let me get something straight here...To my knowledge, Mazda doesn't even utilize all the model based domains they register. In my case however, I not only utilize them in the best way possible...I create a community with the help of some awesome members...a MAZDA community that stands to benefit Mazda far better and far longer than simply sitting on a domain or threatening me!

Now...I ask the community...If anyone can help in anyway please let me know...I would really appreciate it! I'm not looking for a fight...I'm looking to preserve and protect Mazda Forums!

Thanks for hearing me out guys...

vodapas77
06-30-2005, 05:06 AM
Interesting. I don't really see what legal standing that Mazda would have to demand that you give up the URL that you registered. Yes they may hold the copyright on the names Mazda and CX-7, but that shouldn't give them a copyright on the mazdacx-7.com.

It's not like you're trying to get the URL simply to have them buy it out so that you may profit. So, it seems that they should have no legal standing.

However, I know very little of law and even less when it comes to the laws governing the internet. So, I realize I am of little help.

I agree it's f%#&ed up that Mazda would pull this kind of crap on a forum that has for several years supported their customers.

Antoine
06-30-2005, 05:09 AM
I agree it's f%#&ed up that Mazda would pull this kind of crap on a forum that has for several years supported their customers.

Exactly...

yesiownaskyline
06-30-2005, 05:19 AM
riot. thats the only solution.


seriosuly, they have no legal backing if you are not a domain whore and are trying to resell it. This is what that copyright law was designed to prevent. You are in a grey area, but if you prove that you are doing something to promote and benefit the name, they wouldnt have a leg to stand on, legally.


i had a very similar problem opening up geoexpat.com because another web forum, asiaexpat.com thought that I was in copyright violation. I just threw out the notice and pretended it never happened.

GHOSTWHISPER
06-30-2005, 05:22 AM
You know my stance, you are obviously not a squatter, but all get back to ya when I find out a little more.

REMillers
06-30-2005, 05:25 AM
Have you responded back to them?

First response should be informing them of whom you are, what other Mazda sites you have ran etc. Let them know you are not a squatter as mention that you forum sites for the sole purpose to educate and promote the Mazda lineup. This is something you have been doing for many years and recognized by Mazda.

Chances are they don't know who pre-register the site exactly.<o =""></o>

Antoine
06-30-2005, 05:36 AM
I'm sure some @ Mazda are aware of this community and my name but this letter came from Flat Rock MI so I don't know if all the right people @ Mazda are aware of exactly what is going on here...The domains do link to this site already...

I'm in Japan but they did provide a name and #...I want to know my rights and options before hearing more legal BS...The letter doesn't mention anything about what will happen if I don't "comply"...I still can't believe this...

Antoine
06-30-2005, 05:36 AM
You know my stance, you are obviously not a squatter, but all get back to ya when I find out a little more.

Thanks man

Mr. Win
06-30-2005, 06:11 AM
wow just wow... i wish you the best antoine. They have nothing on the matter esp linked to here. Best of luck and let us know how it turns out.

altspace
06-30-2005, 09:07 AM
In my experience, they have no legal standing.

Captain KRM P5
06-30-2005, 09:14 AM
In my experience, they have no legal standing.

I have never recieved a notice for using ProtegeGarage or Mazda3Online as names for my site. Like this site, my addresses have been listed on MazdaUSA for some time as well. A friend of mine however, before his site even went public, was served a Cease and Desist as well from Nissan for the site he called Nismotune. His lawyer told him to comply. Whether or not that was justified...I don't know.

Speak to a lawyer.

mooS mooS
06-30-2005, 09:23 AM
Most of the time, it's not even a matter of them wanting to do it. Companies actually HAVE TO make a fuss if anyone is using anything that could potentially be a trademark violation or copyright infringement or risk losing their claim over said property. Just let them know what you are using the domain name for and how it benefits them and that you have no intention of using it to attack Mazda or profit from it in any way and you should be just fine. it's a Mater of C.Y.A. for them.

But hey, let them tear the community down.... it's just 17,000+ Dedicated Mazda Enthusiasts that they will be Pissing off. That's just pocket change, right Mazda? (braindead

theice
06-30-2005, 09:23 AM
Is there a lawyer in the house?

Astral
06-30-2005, 09:43 AM
Speak to a lawyer.

http://www.keytlaw.com/urls/acpa.htm Anticybersquatting Consumer Protection Act FAQ


What Must a Mark Owner Show to Win a Case of Cybersquatting?

The plaintiff must prove the following elements:

1. The Defendant has a bad faith intent to profit from that mark, including a defendant name which is protected as a mark;
2. registers, traffics in, or uses a domain name that--

(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;

(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or

(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506


And then look at the "bad faith" portion of that FAQ, to see whether that can possibly apply to you (e.g. intent to profit).

If you called your site mazdacx7forums.com, I don't think that Mazda would have a problem.

Good luck...

warrier04
06-30-2005, 10:03 AM
that's a big domain name.

i say fight it - you're not out to profit, and they're just trying to flex their business muscle.

BradC
06-30-2005, 10:10 AM
Screw them, if you need any help let us know. Not sure what I can do to help, but I am willing to do it if you need some!

slug420
06-30-2005, 10:17 AM
yea, i am sure whoever sent you this c&D (probably/possibly automated since it was just template) did it blindly not realizing who it was that it was registered to.

Have steph get the ear of one of her mazda NA buddies and put them in touch with you.

If they persist then get a lawyer and make em pay lots of money for it.

scott42
06-30-2005, 10:18 AM
I'd say these communities and the people in them are 1000% more supportive to the owners of Mazda's than MAzda Corporate or any dealership has EVER been.
F-Mazda/Ford. This place, and all other places created by Antoine are spectacular.

I was a Mazda lover, then a hater (40-50+ pages of warranty work orders for my MP3), now I'm just a fan of the aesthetic design and the the philosophy...but I'll never own one again.

Good luck Antoine, as many have said, they don't have a leg to stand on.

Antoine
06-30-2005, 10:26 AM
Hardly anyone knows about the CX-7...it's not even a real model yet!

There are several sites that use "Mazda" in their domain name and do so without any problems. Mazda has a responsibility to register their domains BEFORE they make model information public.

I'm in no way a "cybersquatter" Within days of registering the domains I had them linked to this site!

My intention is clear...provide and develop a community to enjoy the Mazda CX-7.

Antoine
06-30-2005, 10:34 AM
I'd say these communities and the people in them are 1000% more supportive to the owners of Mazda's than MAzda Corporate or any dealership has EVER been.
F-Mazda/Ford. This place, and all other places created by Antoine are spectacular.

I was a Mazda lover, then a hater (40-50+ pages of warranty work orders for my MP3), now I'm just a fan of the aesthetic design and the the philosophy...but I'll never own one again.

Good luck Antoine, as many have said, they don't have a leg to stand on.

Big Thanks for the support guys...I love what I do here...and I certainly won't let this situation stop me...Any support you guys can offer...I would be very appreciative...

BlueMonsta
06-30-2005, 11:02 AM
which mazda sent you the letter?
Mazda USA / Mazda JP?

can u provide us with a copy of
Template #1 - Trademark Infringement (non-supplier) Cease & Desist Letter

dinux
06-30-2005, 11:07 AM
You're in luck, I used to work for a Domain Registrar, and not any Domain Registrar, I worked for GoDaddy.Com. So, you pretty much have a case that can be won. See the thing is, whoever is listed as the Administrative Contact of your domain name is the legal owner. Copyrights and what not do not really matter when it comes to Domain Names. Look at the case of the kid named Mike Row and his domain name MikeRowSoft.Com. Microsoft, Inc ended up having to pay him and give him an XBox and a few other things for taking up his time and not having a legit case. Yes, I understand that they have a car coming out, however, how many car manufacturers actually Trademark a car name that they make? Not many, if any. So with that said, you have a case that you can win! : ) WOOT! I will try and help out any possible way that I can. I will talk to one of my buddies who still works at GoDaddy.Com to see what other legal grounds we/you have.

Antoine
06-30-2005, 11:07 AM
I assume Mazda USA...The letter came from a woman at "Mazda, Specialist Brand Protection" in Flat Rock, MI

BlueMonsta
06-30-2005, 11:21 AM
I assume Mazda USA...The letter came from a woman at "Mazda, Specialist Brand Protection" in Flat Rock, MI
is the domain name under a USA company?

registering
06-30-2005, 12:38 PM
I'm not a lawyer but I agree it's probably a form letter to further cement their future legal standing should you ever abuse their name using that domain (using their definition of "abuse" of course). That way they can show they warned you, you explained your intent to their satisfaction, and the issue was resolved. If they waited 3 years to gather a response it'd be tougher to show due diligence on their part in protecting their name. I'd imagine a simple response explaining what the domain will be used for is sufficient and it will go away, but I doubt legally you have anything to worry about. The emotional frustration this all causes, of course, is obscene. I shall perform doughnuts as a symbolic gesture of support for this amazing service you provide for free to us all, I know we all appreciate it immensely.

Familia323
06-30-2005, 12:59 PM
^ I agree with the above, as well as the doughnut ceremony. Like everyone is saying, just contact them and make them aware of how long you have been around and what your purpose is. When they find out the kind of non-profit support and free promotion that you provide their customers I don't see why they would have a problem with it. Unless they want to piss off a lot of people.

PhreakV
06-30-2005, 01:10 PM
you have a legal right to claim whatever domain you wish. it would be up to the courts to decide as to whether or not your use constitutes abuse/detriment to the copyright holder. I would try to find an attorney to draft a response to Mazda Corporate informing them of your intentions for the site. with that knowledge, I cannot imagine that Mazda would take it any further than crafting a letter of "thanks" for your work and dedication to the Mazda community to this point... I will try to talk to some of the IP attorneys I work with to see what their generic opinion would be...

vindication
06-30-2005, 01:28 PM
only way they can obtain that domain name now is if they purchase it from you. Same thing happened with nike.com(I think it was nike) and they shelled out TONS of money to the kid that had it. Dont settle for a few bucks. If they really want that domain, then they'll pay top dollar.

Moeed
06-30-2005, 01:32 PM
You are in japan...i wonder what US law could possible do to you.

jurgs01
06-30-2005, 01:42 PM
Why don't you start an electronic signature thread of members with phone # who will refuse to buy another Mazda if they threaten your site. I'm sure they will listen with the potential threat of losing a lot of their customers. You could have a statement at the top, and a list of names like:

1. Real name, make and model of current mazda, phone # or e-mail
2. etc.

This would not be enough info for anybody to worry about identity theft, so I'm sure everyone wouldn't mind giving it up. Just a thought. You are not going to win if you try to legally battle Mazda.

jurgs01
06-30-2005, 01:44 PM
You are in japan...i wonder what US law could possible do to you. It's a .com website, not .ja

Btw, you are in Japan Antoine? Can you send me some Chu-hi? I haven't had those since I left Yokosuka:)

BlueMonsta
06-30-2005, 02:19 PM
Why don't you start an electronic signature thread of members with phone # who will refuse to buy another Mazda if they threaten your site. I'm sure they will listen with the potential threat of losing a lot of their customers. You could have a statement at the top, and a list of names like:

1. Real name, make and model of current mazda, phone # or e-mail
2. etc.

This would not be enough info for anybody to worry about identity theft, so I'm sure everyone wouldn't mind giving it up. Just a thought. You are not going to win if you try to legally battle Mazda.
watch mazda use it for marketing and spam our e-mail accounts

Prodigy
06-30-2005, 02:22 PM
watch mazda use it for marketing and spam our e-mail accounts
I doubt it, but that would only make us not want to buy anything from them again.

I have a feeling that the letter will have little to no value in a month.

NJP5Guy
06-30-2005, 02:28 PM
What a load of bull. Fight til they drop.

tallrd
06-30-2005, 03:11 PM
"Welcome to America. Have a nice day." --Mazda (gun)

In all seriousness, you can understand why they desire to have those domains. I'm not justifying it, just seein' it from their side too.

jeremyfl
06-30-2005, 03:26 PM
Mazda must not realize what a good thing they have with you. THis site is the reason I bought my car. I first found out about the MSP here when I called a dealer about it they said oh yeah the MP3 I think we might have one, I told him it was a MazdaSpeed and explained what upgrades it had. He dismissed me like I was nuts.

This forum gives insight about upcoming models and helpful tips on what is already available. For them to threaten you is ridiculous, they should be made aware of what they have here.

I am down for a petition letter. I think it would be great, a petition letter signed by every board member and what Mazda's they have owned and currently own. I have personally owned 4 Mazdas in about 3 1/2 years. Let them see what Antoine and these boards are worth to them.

PhreakV
06-30-2005, 04:01 PM
In all seriousness, you can understand why they desire to have those domains. I'm not justifying it, just seein' it from their side too.
not really though. Mazda couldn't allow there to be an open forum where enthusiasts publicly talk about modifying their Mazdas nor could they allow anything that would offend anyone. Mazda has an amazing tool in this forum and rather than try to blunt this tool they should leave it alone because they cannot improve upon it other than to encourage their service techs to get on the site to help answer questions or offer discounts on parts. If the site was just a cybersquat or abusive to its products then maybe but that is not the case and due diligence by anyone in their legal department would show that immediately.

Witchdoktor
06-30-2005, 04:08 PM
If they persist then get a lawyer and make em pay lots of money for it.

^

I remember watching a news story where people would invest in future superstar athletes by buying the url of the athletes name. Then if/when the athlete made it big, they'd sell the url name to them. If an athlete can have their name taken then I don't see how "MAZDA" is any different. Either say fuck em' or cash in on them.

jersey_emt
06-30-2005, 04:42 PM
Wow all you people are jumping to conclusions.

I doubt the person who sent the letter, or the person who instructed that person to send the letter, has any idea who Antoine is. I'm sure once Antoine sends them a response stating who he is, and what he plans to do with the domain, they will back off.

If in a couple of weeks you see Antoine post that Mazda is continuing their fight despite his reply, then you can go ahead and draft your petitions :)

capnsavem
06-30-2005, 06:35 PM
Most of the time, it's not even a matter of them wanting to do it. Companies actually HAVE TO make a fuss if anyone is using anything that could potentially be a trademark violation or copyright infringement or risk losing their claim over said property. Just let them know what you are using the domain name for and how it benefits them and that you have no intention of using it to attack Mazda or profit from it in any way and you should be just fine. it's a Mater of C.Y.A. for them.

But hey, let them tear the community down.... it's just 17,000+ Dedicated Mazda Enthusiasts that they will be Pissing off. That's just pocket change, right Mazda? (braindead
yeah... if they fu*k this up i swear i'll go right out and buy a Kia! I mean it! (rant)

derrick1623
06-30-2005, 06:38 PM
antoine. this is a shock.

mazda hasn't said a word about mazdamp3.com, protege5.com, or ANY of the other thousand domains that point to this forum.

as was said, i feel that if the company had ANY idea what a resource this forum is to their company, they would think twice about trying to make you cease OR desist.

peepsalot
06-30-2005, 06:43 PM
Wow all you people are jumping to conclusions.
Tom Smykowski (http://www.imdb.com/name/nm0726223/): It's a "Jump to Conclusions Mat". You see, you have this mat, with different CONCLUSIONS written on it that you could JUMP TO.
Michael Bolton (http://www.imdb.com/name/nm0379114/): That is the worst idea I've ever heard.
Samir (http://www.imdb.com/name/nm0619651/): Yes, this is horrible, this idea.

SilentSno
06-30-2005, 06:47 PM
I'm sure this lady is just doing her job and figured with the new product the CX7, then she went looking aroudn to make sure they had all the bases covered, and well Antoine beat them to it, so she fired off some prefitted email for this sort of thing w/o really looking into it.

Antoine, i'd fight this hard and force mazda to basically cooperation and join this communitity. Like PhreakV said if some of their techs and engineers came on here how above any other car forum/community we would be?

The outcome of this can go many different ways, i'm sure with understanding from Mazda what this site is, and if they choose to look we can move forward with a greater communitity.

tallrd
06-30-2005, 07:33 PM
not really though. Mazda couldn't allow there to be an open forum where enthusiasts publicly talk about modifying their Mazdas nor could they allow anything that would offend anyone. Mazda has an amazing tool in this forum and rather than try to blunt this tool they should leave it alone because they cannot improve upon it other than to encourage their service techs to get on the site to help answer questions or offer discounts on parts. If the site was just a cybersquat or abusive to its products then maybe but that is not the case and due diligence by anyone in their legal department would show that immediately.

I hear ya. I have to admit that because of this forum I love my Mazda more than just "a car." Like many others on here, it's helped me make it "mine" and if I were in Mazda's marketing deparment I'd be pissed as hell at "corporate" for this. They are essentially doing the exact opposite of what makes people buy cars. It's just like what the record companies tried to do with file sharing by suing the "sharers." It's my feeling that a company should support that which supports them and this is definitely not that.

chaosProtege
06-30-2005, 07:48 PM
I've personally learned alot from this forum about my car and i truly appreciate it. I will do anything i can to help!

Dexter
06-30-2005, 08:39 PM
Blah.

Fucking Ford.

GHOSTWHISPER
06-30-2005, 08:45 PM
haha

Antoine
06-30-2005, 09:07 PM
Thanks for the support guys...keep checking the thread and posting if you can help out...Please stay on topic...this is a serious matter...

65racecoupe
06-30-2005, 09:46 PM
Is the "mazdacx-7.com and MazdaCX7.com" the only thing that Mazda wishes to stop?

chuyler1
06-30-2005, 10:04 PM
http://www.keytlaw.com/urls/urllaw.htm

Some interesting facts:

The presence of a trademark in a web page's URL post-domain path does not violate federal trademark law. However, the owner of the trademark can still argue that the person owning its trademark URL is a cybersquatter infringing upon their rights to the trademark. Depending on the circumstances and how far they want to push it, the trademark owner will have the upperhand in court.

rodslinger
06-30-2005, 10:08 PM
The big problem with the courts these days is that it isn't necessarily what't right, wrong or legal anymore but who has the most money...

This is a perfect exapmle of how Nissan did the same thing...

http://www.nissan.com/

Antoine
06-30-2005, 10:17 PM
Is the "mazdacx-7.com and MazdaCX7.com" the only thing that Mazda wishes to stop?

According to the letter..."Specifically, you must stop using the domain names www.mazdacx-7.com (http://www.mazdacx-7.com/) and www.mazdacx7.com (http://www.mazdacx7.com/) relinquish the rights to these domain names to Mazda"

"relinquish" that has a nice ring to it...

Antoine
06-30-2005, 10:19 PM
I'm in no way shape or form cybersquatting...check the links above...you'll be directed to this site!

chuyler1
06-30-2005, 10:32 PM
It has nothing to do with whether you think you are cybersquatting or not...it boils down to what a judge thinks. Since they have the trademark, they have the upperhand.

PhreakV
06-30-2005, 10:49 PM
Antoine do you have a link to the site where Mazda, itself, links to any of the sites you own (protege5.com, mazdamp3.com, etc.)?

I would save those as they show an inherent acceptance and approval of your use of registered names owned by Mazda... I still cannot imagine that Mazda would be willing/wanting to move this beyond this point once they realize what they're doing, but it would be hard for them to claim in court that they hadn't already basically approved your uses.

I would begin to draft a letter in response to the letter they sent you. If you want a good starting point, send the letter they sent to you to me and I'll draft an initial response and you can edit it accordingly...

DeadGeneration
06-30-2005, 11:21 PM
Just get a lawyer and fight it. They might not even fight you, just seeing if you will give it up for free. If they do want a fight, you might have a good chance of winning. They probably just thought of the idea of making their own website to promote the model and found out it was already registered. If you and mazda support each other, you might be able to compromise. Try calling.

Like I said, a lawyer.

*Edit* If you ever need signatures, you could get a TON

benimal
07-01-2005, 01:50 AM
IANAL but I agree with DG. Get a lawyer before you even send a response. Discuss the issue with him/her and send the response certified, etc. Having legal representation from the get-go will bode well for you in the long run. Probably better than "Hey! It's me AC." (think OJ low-speed chase in the Bronco)

While many people will tell you to: 1) fight them til one of you drops and 2) get them for as much money as you can, realistically you should try to come to some sort of amiable resolution. You don't want them send C&D letters every time you want to register a new domain for a new model.

Good luck. I am sure things will work out for the best.

Ben


Just get a lawyer and fight it. They might not even fight you, just seeing if you will give it up for free. If they do want a fight, you might have a good chance of winning. They probably just thought of the idea of making their own website to promote the model and found out it was already registered. If you and mazda support each other, you might be able to compromise. Try calling.

Like I said, a lawyer.

*Edit* If you ever need signatures, you could get a TON

SP33D
07-01-2005, 01:56 AM
If they continue to give you problems... change the website to like a [mazd.acx-7] internet gaming clan... and put half naked women on the page

Antoine
07-01-2005, 02:24 AM
I'm currently in contact with a friend of GHOSTWHISPER who knows about trademark law.

I've just sent him a copy of the letter for further analysis....

I DO NOT want to be sued or sue for something that is already mine and that I have a legitimate use for! It's interesting to note that the letter I received doesn't have any Mazda logo or letterhead?...just text...although it came via certified mail.

Anyone in Flat Rock, MI want to verify if the phone # and address are legitimate?

enry
07-01-2005, 02:58 AM
Added what I guess was long since needed, disclaimer, see bottom.

enry
07-01-2005, 03:27 AM
antoine. this is a shock.

mazda hasn't said a word about mazdamp3.com, protege5.com, or ANY of the other thousand domains that point to this forum.

as was said, i feel that if the company had ANY idea what a resource this forum is to their company, they would think twice about trying to make you cease OR desist.

They are concerned that there may come some confusion when someone types in "mazdacx7.com" and comes up on our site. I'm attempting to make it more obvious that we are TOTALLY SEPARATE while providing a helpful link for people who do visit here (but wanted to go to Mazda) to get there.

EDIT: guests (not logged in) get a large red message at the top. Sure, it's annoying, but (a) it only appears on the main page, when one enters the "main url" like www.mazdamp3.com (http://www.mazdamp3.com) , and (b) it only appears for guests

niv
07-01-2005, 03:50 AM
It's interesting to note that the letter I received doesn't have any Mazda logo or letterhead?...just text...although it came via certified mail.


You gotta wonder if the hand is trying to protect the head?

Sounds like they want the name and are trying some scare tactic to get it. Not puttin it on an actual letterhead almost makes it seem they know they are doing something questionable.

anarchistchiken
07-01-2005, 05:06 AM
Damn that sucks. I can't read through 5 pages of this right now, but has there been any headway made? Any actual contact with Mazda?

blackstreak3
07-01-2005, 08:14 AM
If you legally purchased the domain name and registred it then it is yours. If they really want it then they must purchase it from you. Don't give into scare tactics. Some one is probably upset because they did not think to do it before you.

registering
07-01-2005, 08:47 AM
I still like the idea of a petition, even if it's included as a possible "friends of the court" filing with any future legal action. With thousands and thousands of Mazda owners and potential Mazda owners on your side, Mazda has to be stupid to continue these tactics. If Mazda actually pulls this crap I know I won't be looking at an MX-5 any longer. I agree with the earlier statement to take screenshots/source code dumps showing they link to your sites, showing explicit support of your actions. Mazda just lost a LOT of points in my opinion.

anarchistchiken
07-01-2005, 10:52 AM
I still like the idea of a petition, even if it's included as a possible "friends of the court" filing with any future legal action. With thousands and thousands of Mazda owners and potential Mazda owners on your side, Mazda has to be stupid to continue these tactics. If Mazda actually pulls this crap I know I won't be looking at an MX-5 any longer. I agree with the earlier statement to take screenshots/source code dumps showing they link to your sites, showing explicit support of your actions. Mazda just lost a LOT of points in my opinion.

Like someone said man, this probably isn't Mazda Corporate or Mazda North America intentionally doing this. Most likey it's just some little shit clerk somewhere who does internet research for the company, found out about this, and decided to try and throw his imagined weight around. That's a totally random guess, but it's what I though when I first read about this.

Mace Windu
07-01-2005, 11:35 AM
If it is Mazda sending the letter you will probably have to give up the domains.

I know that Lucasfilm thoroughly pounds anyone registering anything that is a direct name of something in the Star Wars Universe. I remember specifically someone being sued for www.tatooine.com. Not only is it trademarked, but I think it falls under intellectual property laws as well.

Good luck fighting if you decide it's worth it.

enry
07-01-2005, 01:56 PM
In regards to Lucasfilm, I suggest you read up

http://www.bobafett.com/lucasfilm.shtml

I believe our fair use of their CX-7 trademarks is for Mazda, free advertising. We don't profit from it, we don't pretend to be who we aren't, and we're not holding the domain for ransom. We're working on a reply.

VegasMSP
07-01-2005, 02:15 PM
If you legally purchased the domain name and registred it then it is yours. If they really want it then they must purchase it from you. Don't give into scare tactics. Some one is probably upset because they did not think to do it before you.


This is what exactly I was thinking. I work for an ISP and helped Business services for web hosting and domains. Basically blackstreak3 is right, you purchased the domain name legally. What may be happening is either Mazda may be worried what the name is being used for in relation of the website or they were going to register the name for there marketing purposes for the upcoming product. Sounds like they are trying to scare or strongarm you on giving up the domain name. They are just going have to accept that name is already taken or make an offer to purchase it from you. Good Luck Antoine!

rodslinger
07-01-2005, 05:22 PM
This is what exactly I was thinking. I work for an ISP and helped Business services for web hosting and domains. Basically blackstreak3 is right, you purchased the domain name legally. What may be happening is either Mazda may be worried what the name is being used for in relation of the website or they were going to register the name for there marketing purposes for the upcoming product. Sounds like they are trying to scare or strongarm you on giving up the domain name. They are just going have to accept that name is already taken or make an offer to purchase it from you. Good Luck Antoine!

You may own it now but I've said it before, money talks... What's legal on paper doesn't mean crap these days. See what Nissan Motors is doing below.

http://www.nissan.com

LI Redline Mp5
07-01-2005, 06:23 PM
You may own it now but I've said it before, money talks... What's legal on paper doesn't mean crap these days. See what Nissan Motors is doing below.

http://www.nissan.com

ok so nissans trying to get the nissan.com domain name at all costs but so far nissan hasnt gotten it. as stated

The 9th Circuit Court of Appeals issued a ruling reversing the injunction order and remanding the case back to the District Court. In a Published Opinion the Appeals Court rejected Nissan Motor's cross appeal and reversed the District Court's ruling against Nissan Computer on Dilution and the broad scope of the Final Injunction.

Not to our surprise, Nissan Motor filed a motion for rehearing by the 9th Circuit's panel and a rehearing en banc (a rehearing by a larger group of the Judges on the Court of Appeals). On September 23rd 2004, the 9th Circuit issued a Ruling denying Nissan Motor's motion for rehearing and rehearing en banc.

Nissan Motor has now filed a Petition for Certiorari seeking review of the First Amendment issues by the US Supreme Court.

This just shows if u hafta u can fight for the domain names and have a chance to keep them.

registering
07-01-2005, 08:09 PM
Like someone said man, this probably isn't Mazda Corporate or Mazda North America intentionally doing this. Most likey it's just some little shit clerk somewhere who does internet research for the company, found out about this, and decided to try and throw his imagined weight around.

Irrelevant. It's Mazda's responsibility to control their personnel. If they don't have safeguards in place to keep their representatives (read: employees) in line, then shame on them. I can't send out legal notices on my employer's behalf without consent, and if I do, we are BOTH at fault.

Antoine
07-01-2005, 09:17 PM
ok so nissans trying to get the nissan.com domain name at all costs but so far nissan hasnt gotten it. as stated



This just shows if u hafta u can fight for the domain names and have a chance to keep them.

Yeah...that nissan.com situation has been going for ages and still it doesn't point you to nissan automotive...I don't want to end up in a never ending legal battle with Mazda...Mazda should be smart enough to realize that this isn't worth pursuing...that is will actually benefit them in the long run...

rodslinger
07-01-2005, 09:46 PM
ok so nissans trying to get the nissan.com domain name at all costs but so far nissan hasnt gotten it. as stated



But they have effectively stopped the owner from using it for the reasons he obtained it and likely cost the owner a measurable loss of business and legal expenses.

Antoine
07-01-2005, 10:18 PM
Updated info from some members (posting to keep track of and to receive more feedback)...

Protege2ner (http://www.msprotege.com/forum/member.php?u=6769)<SCRIPT type=text/javascript> vbmenu_register("postmenu_", true); </SCRIPT> (UBER THANKS MAN!)

on a better note I found some useful info
http://www.uspto.gov/web/offices/tac/tmep/1200.htm#_Toc98817658

Thumb through that, you are a related party and might be able to get by with it. Also I had a trademark search done for you. MazdaCX-7 <--- is trademarked, MazdaCX7 is NOT trademarked. So at very worst you can keep one. Also the trademark was filed on March 9th so If you took the website into your possesion before then you may have more ground to stand on. I am trying to get by the trademark office at the University to get a meeting with one of the tradmark lawyers for the school. When I do Ill PM you again.


PhreakV (http://www.msprotege.com/forum/member.php?u=5777)<SCRIPT type=text/javascript> vbmenu_register("postmenu_", true); </SCRIPT> (awesome...please keep me updated!)
I just wanted to let you know that I am working to try and get a bit of advice for you regarding the C&D. I work for one of the largest law firms in the world, *edited* so when I do get some advice I can confidently say that its from some of the top attorneys in the US. Our office, KC, isn't a big Intellectual Property office (that's our Santa Monica office), though a good friend used to do a lot of copyright/IP work for a firm in Chicago but she's in our Chicago office until this afternoon. I am trying to call in a favor or two from people that I know used to do some copyright work. I'll get what help I can right now and I'm glad that you've been able to contact Ghostwhisper's friend. I'm sure that no matter what happens, it'll work out for the best... Just wanted to give you a headsup. later

Spicymsp (Steph)
Has spoken to her "contacts" @ Mazda in Irvine...They don't know who sent it or how to deal with it?...Send her a copy of the letter!

enry
Thanks to enry for setting up disclaimers on the site!

GHOSTWHISPER
Sent a copy of the letter to his friend...waiting for a response.<!-- / message --><!-- sig -->

SpicyMchaggis
07-03-2005, 03:17 AM
This case is similar to Mike Roe Soft. Anyone remember that? Basically this is how it sits. Present your case to an attorney, make them aware that is a support forum dedicated to that. I hope everyone realizes that just because you registered something, it does NOT mean you "own" anything. It is up to a judge to decide on if the site is in fact hurting their buisness or actually violating their copyrighted name and/or trademark status. Keep in mind that if that name is a federally registered trademark, you will have to turn over the site. It is in fact illegal in this country to intentional purchase websites only to sell them later on for profit. The only one who see's profit is the company when they sue you for either Dilution or Copyright Infringment. The steps you need to take are as follows:

1.) Consult a lawyer and present all relevant facts and intentions.

2.) Make them aware that is NOT in your intent to squat, whereas you have already procured several similar sites for the same manner.

3.) Do NOT incite a petition or any other public forum whereas it will only seal your site's fate.

4.) Keep on rocking.


Granted I didn't read some of the responses, but I hope it helps.

Kooldino
07-05-2005, 05:09 PM
Why is the petition a bad thing?

PhreakV
07-05-2005, 05:30 PM
I would imagine that it has something to do with a sense of hostility... [trying to imagine the reasoning]if Mazda sees that they are already getting negative rep within the car communities they might just say "f- it! we might as well get our trademarks covered if we're getting neg. rep anyways..."[/trying...]

imo, I just don't think a petition is wise at this point anyways. it raises the profile of the situation which we can only hope Mazda wants this to go away quietly as a mistake...

igdrasil
07-05-2005, 06:40 PM
Go for it Antonie, you bought it, its yours, I dont see you loosing against. It will most likely end up Mazda negotiating with you.

Antoine
07-05-2005, 08:51 PM
Here is a brief statement on the importance of online communities to car companies...based on my experience:

Online communities such as "Mazda Forums" keep automotive brands alive and vibrant via a 24 hour network of enthusiasts who spend most of their time swapping info and media about their beloved cars...as a result this enthusiasm spreads easily via the Internet and on the street.

This "enthusiasm" develops an excitement for the Brand that can not be achieved by mere advertising or marketing "stunts". Healthy and well maintained online communities such as "Mazda Forums" further boost an automotive brand's image creating loyal customers.

In addition...online communities boost the "aftermarket" and we all know that a car is little in today's market without aftermarket potential ;)

Matthew
07-05-2005, 08:59 PM
this is what i dont udnerstand. just liek when people bought pepsi.com and stuff before pepsi owned the site. they had to pay millions for it. tell them if they want it to pay up.

DeadGeneration
07-05-2005, 09:13 PM
For real... I got my friend debating about getting a Scion tC or a Mazda 6.

PhreakV
07-05-2005, 09:16 PM
this is what i dont udnerstand. just liek when people bought pepsi.com and stuff before pepsi owned the site. they had to pay millions for it. tell them if they want it to pay up.
that will only further any claim by Mazda that you are doing this with ill intentions. asking for any money is a huge mistake...

I'll PM you later tonite Antoine (I spoke with a major IP attorney at work, did the trademark/copyright for one of the largest automotive gauge companies in the world... don't worry its pretty much all good news)

DeadGeneration
07-05-2005, 09:21 PM
Put the domain on the stock market.

Witchdoktor
07-05-2005, 09:23 PM
admins definitely need to get with lawyers who specialize in this area. I don't know the legal ins and outs but I'd be extremely surprised if mazda has the legal right to take over the name after it was legally purchased. if they want it that bad make them pay for it.

MazdaAxela
07-05-2005, 09:25 PM
goes to trademark vs copyright..they have trademark on Mazda CX7 but trademarks dont apply to domains..if they own a copyright on Mazdacx7 they have some legal rights but eh who knows..

Antoine
07-07-2005, 08:25 AM
Current update:

I'm drafting up a letter to send in response...

BlueMonsta
07-07-2005, 11:46 AM
According to the letter..."Specifically, you must stop using the domain names www.mazdacx-7.com (http://www.mazdacx-7.com/) and www.mazdacx7.com (http://www.mazdacx7.com/) relinquish the rights to these domain names to Mazda"

"relinquish" that has a nice ring to it...

'relinquish'? I really hope the idiot who sent u this letter gets fired. The idiot along with his/her manager. Complete fool. (flame)

we'll await ur good news!

xoxshellie27xox
07-07-2005, 05:25 PM
you shouldn't have to give up these domains considering they were purchased legally and with good intentions, like u said its a 24-7 outlet for mazda enthusiasts. If anything it helps promote business for mazda when peple share good experiences.Good luck!

Antoine
07-07-2005, 08:15 PM
Some interesting developments have emerged...Seems like the legitimacy of this letter is becoming more questionable. Steph has gotten in contact with the person who sent me the letter and it seems she claims they (Mazda legal dept) have sent no such letter!?!? Although she mentions mazdamp3.com in her e-mail response but the original C&D letter states mazdacx7.com and mazdacx-7.com.

Hmmm...

Steph is sending her a copy of the original C&D letter...stay tuned!

GHOSTWHISPER
07-07-2005, 10:16 PM
weird

Shane5425
07-07-2005, 10:20 PM
weird is right, i bet its someone that just wanted the address and tried to jack it from you to cybersquat it ...

DeadGeneration
07-07-2005, 11:02 PM
wow, they could get in trouble...

misbehave
07-07-2005, 11:15 PM
Are they really that stupid or what.
Can't they just pay some little money to sponsor this forum and then incorporate this already well established forum as part of their new car (the CX-7) promotional program.
Save them much money and time, and effort. Just plain stupid that they have to come at us this way.
Even a business idiot like me can think of better way than this.

PhreakV
07-08-2005, 08:47 AM
yeah no respectable legal department is going to send out anything without it being on official letterhead with a signature by an attorney with full direct contact info. hope you got my PM Antoine... things look good from the legal outside. (2thumbs)

BlueMonsta
07-08-2005, 10:03 AM
get mazda to sue um! lol

Kooldino
07-08-2005, 10:07 AM
get mazda to sue um! lol
ferserious.

MiaTurbo
07-08-2005, 11:19 AM
the hell with Mazda. Let's all sell ours, and buy Honduhs :)

xoxshellie27xox
07-09-2005, 08:13 AM
lol...

boo-boo
07-09-2005, 12:43 PM
wow that took awhile to read, even the links and such, seems to me like someone's just up to no good, hope all goes well, good luck

Antoine
07-10-2005, 11:17 PM
Update...I now have e-mail contact with the person who sent the letter...and I sent an e-mail questioning the validity of the letter...This is an excerpt from the reply:

I did send you the letter and we do need to have further discussion about what Mazda is asking of you.

asking? Do the words "Specifically, you must stop using the domain names www.mazdacx-7.com (http://www.mazdacx-7.com/) and www.mazdacx7.com (http://www.mazdacx7.com/) relinquish the rights to these domain names to Mazda" Sound like asking?

Hmmm...

Prodigy
07-10-2005, 11:27 PM
Seems scam-ish to me.

Shane5425
07-10-2005, 11:32 PM
man, i say dont relinquish anything until you have a paper from mazda motor corp. with a lawyers signature on it, sounds like a scam to me..

DeadGeneration
07-10-2005, 11:58 PM
I would imagine that the e-mail response you got did not come from mazda. Can you confirm that? If you can't, I would block that e-mail address.

If you get pestered further, designate a hacker to locate the punk and well... use your imagination.

Antoine
07-11-2005, 12:13 AM
Woooh guys...I really appreciate the support but watch what you post...I obtained this e-mail address from Steph who sent word to Mazda in Irvine CA...I sent an e-mail to this address and received a response as mentioned above...This is the same person who sent me the letter.

However this letter was not signed by a lawyer but by a "Mazda, Specialist Brand Protection" and the address is @mazdausa.com

I'm looking to gather the facts here and protect the community as well as myself...Knowledge is power as the saying goes...

Shane5425
07-11-2005, 12:24 AM
wow... well, now i would think 2ce about tellin them to go screw themselves..
but like matthew said, pepsi had to buy pepsi.com from a person, they should have to buy it from you..

Aricjm15
07-11-2005, 12:27 AM
tell this clown you want to speak with a lawyer and not some chump trying to "save the day"
in all honisty I would have told the person to go screw themselfs, being that they have no legal documentation in any form, and because they are not a lawyer employed by mazda

misbehave
07-11-2005, 12:42 AM
Looks like it is just a local blood sucking mazda dealer or branch who want to force you out to "give" them your domain name free.
Try to find out which dealer it is and let the whole mazda community know about ti then they will be screwed. I would tell everyone just go there to test drive any car they can find their hands on but do the actual buying somewhere else.

DeadGeneration
07-11-2005, 01:20 AM
Oh... so the letter is official than... mmmm

Tell them they need to work on their presentation.

Arrange a meeting with them and we could have like 300-400 people show up with their mazdas or something when they think that just you is comming. (first)

Aricjm15
07-11-2005, 01:22 AM
Oh... so the letter is official than... mmmm

Tell them they need to work on their presentation.

Arrange a meeting with them and we could have like 300-400 people show up with their mazdas or something when they think that just you is comming. (first)
offical how? it was just sent by some schmuck at mazda, that letter has no legal standing in my mind.

DE31
07-11-2005, 01:27 AM
i dont think he would be able to make it since...hes in japan?Oh... so the letter is official than... mmmm

Tell them they need to work on their presentation.

Arrange a meeting with them and we could have like 300-400 people show up with their mazdas or something when they think that just you is comming. (first)

Antoine
07-11-2005, 01:38 AM
Oh... so the letter is official than... mmmm

Tell them they need to work on their presentation.

Arrange a meeting with them and we could have like 300-400 people show up with their mazdas or something when they think that just you is comming. (first)

I'd fly over if I had a 500 people waiting to join me for a little visit to Mazda...Call the press ;)

Antoine
07-11-2005, 01:39 AM
I believe the person who sent the letter is from Mazda's "legal department" in Flatrock, MI...if there is such a dept...

DE31
07-11-2005, 01:47 AM
if all of the 500 people sent you 10 bucks then the flight would be payed forI'd fly over if I had a 500 people waiting to join me for a little visit to Mazda...Call the press ;)

PhreakV
07-11-2005, 01:52 AM
based on everything I found out (mentioned in the PM I sent), I wouldn't do anything until they send you an official letter outlining their intent brought forth by an actual attorney. until Mazda does this right, you don't really have any obligation to do anything...

Antoine
07-11-2005, 02:01 AM
based on everything I found out (mentioned in the PM I sent), I wouldn't do anything until they send you an official letter outlining their intent brought forth by an actual attorney. until Mazda does this right, you don't really have any obligation to do anything...

Big Thanks again for the info...Yes...I sense that they are attempting to make this situation seem like they have a lot of ground to stand on but in reality it may not be the case...By the tone of the letter it wasn't at all friendly...it DID NOT give me the impression they wanted to "discuss" it...The expression "heavy-handed" comes to mind...you can see how I felt in my original post about all this...

Now this person uses the words "discuss" and "asking"....

Antoine
07-11-2005, 02:15 AM
if all of the 500 people sent you 10 bucks then the flight would be payed for

Hmmm...

Hello Mazda,

The entire Mazda Forums community is aware of your C&D letter and have graciously flown me over to inform you that bullying your customer base is a BAD IDEA! (no)"

Witchdoktor
07-11-2005, 05:35 AM
you shouldn't be contacting these people. all forms of communication should be going through lawyers. cha-ching cha-ching

Nightmare
07-11-2005, 05:49 AM
"Specifically, you must stop using the domain names www.mazdacx-7.com (http://www.mazdacx-7.com/) and www.mazdacx7.com (http://www.mazdacx7.com/) relinquish the rights to these domain names to Mazda"


they sound like Vikings

BlueMonsta
07-12-2005, 05:49 PM
mazdausa?
I can try and get the e-mail address of the CEO/pres @ mazdausa if you want me to.
I'm not sure if I could cause the guy I know works at mazda canada.
PM me if you want me to try anyway.

DeadGeneration
07-12-2005, 06:23 PM
You should be able to get the information on all the Mazda CEOs, I know you can with IBM.

Antoine
07-12-2005, 08:17 PM
Again...I want to thank everyone for showing support...I'm proud to be a member of such a strong and supportive community!

Updates: At this point I've sent a reply to the person @ Mazda who originally sent me the letter...Here ia an excerpt from my response:

I'm sure you're just doing your job but I hardly
consider using statements like "Specifically, you must
stop using..." and "relinquish the rights to these
domain names to Mazda" as a gesture of discussion. The
use of "Template #1" is clearly a heavy handed and
forceful way to obtain domains that I legally
registered and currently utilize.

I do not appreciate this response from Mazda. I've
spent just about everyday for nearly 4 years
developing a community (online and offline) that
stands only to promote the products and lifestyle of
Mazda's ZOOM ZOOM image.

I once believed that Mazda was a friendly and
understanding company which understood the true value
of its loyal customers and supporters. Unfortunately
this experience has tarnished my impression of Mazda
and has adversely affected the members of the Mazda
Forums community as well.

I have prepared a formal response which is attached to
this e-mail. I hope that this issue can be resolved to
everyone’s satisfaction.

I have yet to receive a response...stay tuned.

Shane5425
07-12-2005, 08:32 PM
cant wait for the reply, nice job antoine

Nightmare
07-12-2005, 08:54 PM
antoine is teh r0x0r! omglolol hay a grl lets cyber!!1eleventyone!!1!

Shane5425
07-12-2005, 09:04 PM
antoine is teh r0x0r! omglolol hay a grl lets cyber!!1eleventyone!!1!

i think someones on cloud 9 right now....

Nightmare
07-12-2005, 09:07 PM
8


on my way to 9

Antoine
07-12-2005, 09:18 PM
Keep it on topic guys...this is a serious situation...Thanks

Nightmare
07-12-2005, 09:38 PM
sorry.

tekkie
07-12-2005, 09:59 PM
Keep us updated Antoine, I cant believe they even sent you this to begin with.

BlueMonsta
07-13-2005, 02:06 PM
what a mature response, I don't think I could have come up with that.

Antoine
07-14-2005, 09:11 PM
Update: Well...Still no response...could be the quiet before the storm or...?

misbehave
07-14-2005, 09:13 PM
Update: Well...Still no response...could be the quiet before the storm or...?

Or, they've just found out they are dumber than they think they were.

Shane5425
07-14-2005, 09:33 PM
Update: Well...Still no response...could be the quiet before the storm or...?

looks like u put her in her place... or they are talkin with there lawyers...

anarchistchiken
07-14-2005, 10:20 PM
i think someones on cloud 9 right now....

I think someones been reading VG cats... (not you, the other guy)

Nightmare
07-14-2005, 11:22 PM
I think someones been reading VG cats... (not you, the other guy)



would you like to see the future?
http://img.photobucket.com/albums/v220/Omnigear/Untitled-1copy.bmp

Antoine
07-15-2005, 04:44 AM
Guys...what part of STAY ON TOPIC don't you understand...seriously...

anarchistchiken
07-15-2005, 04:53 AM
Forgive us El Guapo.

Antoine
07-18-2005, 11:22 PM
(attn) UPDATE!

We at Mazda did not have any intention of upseting you. I just wanted to drop you a note to let you know that we are working on this issue and that we did not forget about you. If you have any other questions or comments, feel free to e-mail me or to contacted me via telephone at ** removed **

Thank you for your understanding.

Hmm...

Shane5425
07-18-2005, 11:26 PM
they are dont know what to do next.. u have all the legal rights to the domain.. so they are lookin for ways around it i guess.

VPower
07-18-2005, 11:28 PM
(attn) UPDATE!

We at Mazda did not have any intention of upseting you. I just wanted to drop you a note to let you know that we are working on this issue and that we did not forget about you. If you have any other questions or comments, feel free to e-mail me or to contacted me via telephone at ** removed **

Thank you for your understanding.

Hmm...

so Antoine, do you think it's really from Mazda?

Prodigy
07-18-2005, 11:35 PM
Have you talked to them on the phone?
trace the number.. you can see if it's really from mazda.

anarchistchiken
07-19-2005, 04:38 AM
Have you talked to them on the phone?
trace the number.. you can see if it's really from mazda.


Haha, not everybody just has that kind of equipment around their house dude.

igdrasil
07-19-2005, 10:35 AM
dont expect a fast response..if their will is to continue with this, they will do everything thru lawyers and that could take some time.

BlueMonsta
07-19-2005, 11:58 AM
(attn) UPDATE!

We at Mazda did not have any intention of upseting you. I just wanted to drop you a note to let you know that we are working on this issue and that we did not forget about you. If you have any other questions or comments, feel free to e-mail me or to contacted me via telephone at ** removed **

Thank you for your understanding.

Hmm...
sounds a scammer that chickened out...

All the 'strong words' like reliquish, and now this (the above). lol...

igdrasil
07-19-2005, 12:11 PM
hmmm...

Could it be perfworks? hehe j/k

so, does this means this is the END?

Prodigy
07-19-2005, 12:13 PM
Haha, not everybody just has that kind of equipment around their house dude.
All he'd have to do is Google the number.
http://switchboard.com/bin/cgirlookup.dll?MEM=1&QV=191AE275434847CF9F778C7C84988AB0l02A83CF82D35D5 428A303203O01A83DF82D35D54294303203O07A83AF82D35D5 4291303203O03A82F3D2D35D542FD303203&LNK=3:3

misbehave
07-19-2005, 12:15 PM
hmmm...

Could it be perfworks? hehe j/k

so, does this means this is the END?

Cause not, we need to find out if there is really from MAZDAUSA, or just a particular local dealer. If it was a local dealer, then....(lick) I guess the guys here will know what to do to them. (cabpatch)

enry
07-19-2005, 02:00 PM
It's probably just a dept deep within Mazda, whose job it is to make sure the Mazda trademarks don't get abused. It's definitely Mazda, though, since claiming you are acting on behalf of a trademark owner if you are not, is oh, say, illegal?

Nightmare
07-19-2005, 02:28 PM
its only illegal if you get caught.

BlueMonsta
07-19-2005, 04:32 PM
its only illegal if you get caught.
(werd)

perfecto
07-19-2005, 07:31 PM
(attn) UPDATE!
We at Mazda did not have any intention of upseting you. I just wanted to drop you a note to let you know that we are working on this issue and that we did not forget about you. If you have any other questions or comments, feel free to e-mail me or to contacted me via telephone at ** removed **

"We at Mazda realise that we screwed up, and that you have every right to these web addresses. We should have registered them ages before we announced the CX7."

misbehave
07-19-2005, 10:28 PM
It's probably just a dept deep within Mazda, whose job it is to make sure the Mazda trademarks don't get abused. It's definitely Mazda, though, since claiming you are acting on behalf of a trademark owner if you are not, is oh, say, illegal?


If it was their trademark as they you said they have claimed, why haven't they register the domain name once they knew they are going to name the car CX-5? It's not like the internet age just started yesterday.
I remember I was the first one here who made that CX-5 post with the official name and concept photos. By that time if they really wanted this domain name they should have registered it already.

Shane5425
07-19-2005, 11:11 PM
If it was their trademark as they you said they have claimed, why haven't they register the domain name once they knew they are going to name the car CX-5? It's not like the internet age just started yesterday.
I remember I was the first one here who made that CX-5 post with the official name and concept photos. By that time if they really wanted this domain name they should have registered it already.

cx 7, not 5

Antoine
07-22-2005, 08:23 AM
(attn) Testing...I'm currently in the French countryside for my sister's wedding so my net access is somewhat limited...but I should be on more in a few days.

UPDATE!

Just got word from a Customer Relations Marketing person ŕ Mazda! This person wishes to speak with me 1 on 1 and is even willing to ring me up in Japan.

** Just for the record I have NO intention of Selling the farm...however this is an interesting turn of events! Stay tuned :D

TStar
07-22-2005, 08:41 AM
man, be so glad you don't live in germany...
you would already have a 4 digit euro bill on your desk from a mazda lawyer and you would have given away the domains by now, because using names of trademarks in domains is considered an infringement of a trademark down here :\
i'm sitting on a canonball down here with my site (braindead

good luck for your talks with the mazda guy.

1sty
07-22-2005, 09:01 PM
Give the name up for a cooperate sponser ship byy mazda of the board and a donated Mazdaspeed 6 to be raffled!

Shane5425
07-22-2005, 10:19 PM
Give the name up for a cooperate sponser ship byy mazda of the board and a donated Mazdaspeed 6 to be raffled!

hell yeah
i agree..

mooS mooS
07-22-2005, 10:38 PM
"feel free to e-mail me or to contacted me via telephone at ...."

Grammatical errors on supposedly "Official" correspondences such as these just reek of Nigerian 419 scams to me.

Mr. Win
07-23-2005, 05:15 AM
excellent
Give the name up for a cooperate sponser ship byy mazda of the board and a donated Mazdaspeed 6 to be raffled!

BlueMonsta
07-25-2005, 01:51 PM
Give the name up for a cooperate sponser ship byy mazda of the board and a donated Mazdaspeed 6 to be raffled!
1 is not enough!

Pyr0TeK
07-28-2005, 03:21 PM
http://www.crmbuyer.com/story/32097.html

Pyr0TeK
07-28-2005, 03:25 PM
Another... just for sh!ts and giggles!
http://www.dealmemo.com/Legal/Trademarks_and_Domain_Names.htm

WheelManATX
08-01-2005, 09:12 AM
That's what happen to this guy before his site got shutdown. http://www.nissan.com/

WheelManATX
08-01-2005, 09:14 AM
That's what happen to this guy before his site got shutdown. http://www.nissan.com/


oh yeah and he was a business

VPower
08-01-2005, 09:19 AM
oh yeah and he was a business

he wasnt going any good to the nissan motors.

Here, I depend more on the board members than my Mazda dealers when it comes to informations about my car! (group)

SlowPro98
08-01-2005, 12:34 PM
he wasnt going any good to the nissan motors.

Here, I depend more on the board members than my Mazda dealers when it comes to informations about my car! (group)

amen.

Brian MP5T
08-02-2005, 08:59 AM
Everyone Sue Mazda!

Nightmare
08-02-2005, 09:00 AM
W00t!!

Antoine
08-02-2005, 10:08 AM
Once I get back (in a few days) I will get in contact with Mazda and update you guys... in the mean time I would appreciate if you post only if you have something to contribute...Thanks!

Robofsocalif
08-05-2005, 10:27 AM
Unfortunately since you offered to sell the domain to them you have already lost.

"
3. I want to register a domain name that I know is the trademark of a large company. Is this going to make me rich?
No. This is going to make you the target of a lawsuit. The problem is that two or three years ago, when the domain market was much smaller and companies were just feeling their way tentatively, it was indeed possible to turn a quick profit by selling an unwary company its own name back. Now companies have wised up, precedent has been set, and you are likely, though not certain, to lose any ensuing legal action. Don't waste your time and money, find safer names.

This is from igoldrush.com and goes along with many other websites I have checked. Their has already been precednt set that you can not knowingly register domain names that are copyrighted or trademarked. Regardless of whether you got there first.

BlueMonsta
08-05-2005, 12:14 PM
Unfortunately since you offered to sell the domain to them you have already lost.

"
3. I want to register a domain name that I know is the trademark of a large company. Is this going to make me rich?
No. This is going to make you the target of a lawsuit. The problem is that two or three years ago, when the domain market was much smaller and companies were just feeling their way tentatively, it was indeed possible to turn a quick profit by selling an unwary company its own name back. Now companies have wised up, precedent has been set, and you are likely, though not certain, to lose any ensuing legal action. Don't waste your time and money, find safer names.

This is from igoldrush.com and goes along with many other websites I have checked. Their has already been precednt set that you can not knowingly register domain names that are copyrighted or trademarked. Regardless of whether you got there first.
if mazda is gonna be stupid, alot of members here will boycott buying their car. i'll be one of them

Robofsocalif
08-05-2005, 12:27 PM
if mazda is gonna be stupid, alot of members here will boycott buying their car. i'll be one of them

I don't think protecting your trademark/copyright is being stupid. Antoine is obviously a squatter and opportunist and knew that eventually Mazda would look to get these domain names. That is why he registered both versions and is now attempting to sell them to Mazda. If he really wanted to use them for these forums he wouldn't want to part with them.

He will lose any court battle brought his way, precedence is already against him. I doubt the impact of the few members who choose to support this squatter by not buying Mazda vehicles in the future will affect their bottom line. However the internet traffic lost by his hijacking of their trademark will amount to a lot.

BlueMonsta
08-05-2005, 12:34 PM
I don't think protecting your trademark/copyright is being stupid. Antoine is obviously a squatter and opportunist and knew that eventually Mazda would look to get these domain names. That is why he registered both versions and is now attempting to sell them to Mazda. If he really wanted to use them for these forums he wouldn't want to part with them.

He will lose any court battle brought his way, precedence is already against him. I doubt the impact of the few members who choose to support this squatter by not buying Mazda vehicles in the future will affect their bottom line. However the internet traffic lost by his hijacking of their trademark will amount to a lot.
I was waiting for you to say something like that (first) . I bet your the dude that sent him that letter. Sign up just to post in this thread? a bit obvious.
Obviously a sqatter/opportunist. Hmmm, thats why we have 18,643 members well 18,642 since you don't really count. and over 1.7mil in posts.

I apologize to the mods, if I accidentally flamed this thread but this guy ticks me off.

Robofsocalif
08-05-2005, 12:42 PM
I was waiting for you to say something like that (first) . I bet your the dude that sent him that letter. Sign up just to post in this thread? a bit obvious.
Obviously a sqatter/opportunist. Hmmm, thats why we have 18,643 members well 18,642 since you don't really count. and over 1.7mil in posts.

I apologize to the mods, if I accidentally flamed this thread but this guy ticks me off.

No, I didn't send him the letter; I believe he said it was a woman from Michigan. Again, no, I have been lurking reading this site for sometime, but thought I would offer him some advice as I am a fan of court rulings and how they affect law. There have been a number of similar cases in the last couple of years and they all went to the trademark holder for obvious reasons.

That may be but how many would really be willing to stop buying a brand they supposedly love just because this guy got caught trying to rip off the company whose vehicles this site promotes. You must look at things realistically.

PhreakV
08-05-2005, 12:47 PM
No, I didn't send him the letter; I believe he said it was a woman from Michigan. Again, no, I have been lurking reading this site for sometime, but thought I would offer him some advice as I am a fan of court rulings and how they affect law. There have been a number of similar cases in the last couple of years and they all went to the trademark holder for obvious reasons.
That may be but how many would really be willing to stop buying a brand they supposedly love just because this guy got caught trying to rip off the company whose vehicles this site promotes. You must look at things realistically.
except every IP attorney I've spoken to about this is that Mazda would've originally had claim until they actively promoted the sites that Antoine runs/owns. they acknowledged the sites' presence publicly and promoted them. Mazda may have come close to a "win" in a legal battle before they screwed up, now they have nothing to stand on.

as far as a "squatter"... do you have any idea of the definition of that word or the Courts' interpretations of it? do you even know the standards for enforceable trademark infringment? if you did, you probably wouldn't be making this argument...

BlueMonsta
08-05-2005, 12:48 PM
wow phreakV, thanks, couldn't have send it better.

Robofsocalif
08-05-2005, 12:58 PM
except every IP attorney I've spoken to about this is that Mazda would've originally had claim until they actively promoted the sites that Antoine runs/owns. they acknowledged the sites' presence publicly and promoted them. Mazda may have come close to a "win" in a legal battle before they screwed up, now they have nothing to stand on.

as far as a "squatter"... do you have any idea of the definition of that word or the Courts' interpretations of it? do you even know the standards for enforceable trademark infringment? if you did, you probably wouldn't be making this argument...

I am sure that is a large number too. How did Mazda promote these sites? I don't recall ever seeing this site in a Mazda ad or promotion. I beleive you are mistaken in your assumption. Perhaps you shoudl peruse the Anticybersquatting Consumer Protection Act before you right off their legal rights to these domain names.

I am very well aware of what they are, bottom feeders. They anticipate the brand value of a domain name and they register that name to try to make money. Exactly what this guy has done.

PhreakV
08-05-2005, 01:17 PM
so are you posting on a forum right now, Rod? is this not viewed as entirely legitimate use of the domain especially since no one running the site makes money from it? (pssst... the answer is yes ;) ) this site includes multiple prominent disclaimers that it is not connected to Mazda NA or Mazda Corp so that reasonable people that enter are not confused as to whether or not its part of Mazda officially. which is a major component of the standards set forth in the decisions by Courts that you say you've read. Antoine's sites do not attempt to divert business from reasonable consumers looking to purchase mazda vehicles (another component). read the decisions again and look for the standards and burdens on each party. Mazda doesn't have a legal standing.

Mazda did, in fact, publicly promote these sites by linking to them from its website. they also gladly confer use of their trademarked names to other by referencing articles from outside companies that praise their product. their are too loose in their attitude to trademark infringement to claim anything legally. if you want to see what a Mazda site should look like go to www.autometer.com (http://www.autometer.com/) they've got their website on lock down to where they are protected and able to stand for their rights in court. and just so you know, the Firm that I'm with, is a Top 10 worldwide, so when I ask my coworkers for advice, I'm normally asking a leader in the field not some novice hack that just has an opinion...

Robofsocalif
08-05-2005, 01:28 PM
Well, obviously you interpret things to suit your situation and/or opinion. I will be back when this is settled by the courts or Antoine folds once he realizes he is in the wrong, whichever comes first.

It isn’t a matter of misleading the consumer, it is the fact that he registered the trademark names and then offered to sell them to Mazda. That is where Antoine screwed up.

I find it highly convenient and dubious that you just happen to work for a “Firm.”

I will bid you farewell and hope that the weather in your little world is pleasant this weekend.

PhreakV
08-05-2005, 01:31 PM
oh and also I think if we're going to speak in legal terms you should know the legal definitions (per Black's [8th ed.]):
cybersquatting - the act of reserving a domain name on the Internet, esp. a name that would associated with a company's trademark, and then seeking to profit by selling or licensing the name to the company that has an interest in being identified with it. the practice was banned by federal law in 1999.

cyberpiracy - Trademarks. the act of registering a well-known name or mark (or one that is confusingly similar) as a website's domain name, usu. for the purpose of deriving revenue. one form of cyberpiracy is cybersquatting. another is using a similar name or mark to mislead consumers. for example, a site called Nikee.com that sold Nikee-branded athletic shoes and sporting goods would draw consumers away from the famous Nike brand.

so since Antoine is not trying to seek profit by selling or licensing the site to Mazda then he's not cybersquatting, is he?

if you would like to accuse him of cyberpiracy that would at least be more apt. even though neither of the examples given in Black's really fit either... just thought you might like to know what you're talking about.

Robofsocalif
08-05-2005, 01:34 PM
Have you read my posts? He is trying to sell these domains to Mazda. Does it make sense now?

PhreakV
08-05-2005, 01:36 PM
Antoine was not looking to sell the site to Mazda, he wants to keep it. it was others that suggested selling. and that would be cyberpiracy and cybersquatting...

PhreakV
08-05-2005, 01:45 PM
I've been in contact with Antoine and he never gave the impression that he was looking to sell (or even give up) the domains. I reread every post of his in this thread and he's yet to mention even the possibility of a sale.

also, in reading more on the ACPA it states that the purchase/use of the sites in question be in "bad faith" which it is not. look at MazdaV.com Antoine has that domain and has created a site "in good faith" where owners can discuss their vehicles. I will agree that cybersquatting is wrong and should be done away with but this situation is nowhere near the required levels to meet Mazda's burden of proof/infringment...

BlueMonsta
08-05-2005, 02:14 PM
where did u get the idea antoine wanted to sell the domain?

misbehave
08-05-2005, 05:05 PM
I don't think protecting your trademark/copyright is being stupid. Antoine is obviously a squatter and opportunist and knew that eventually Mazda would look to get these domain names. That is why he registered both versions and is now attempting to sell them to Mazda. If he really wanted to use them for these forums he wouldn't want to part with them.

He will lose any court battle brought his way, precedence is already against him. I doubt the impact of the few members who choose to support this squatter by not buying Mazda vehicles in the future will affect their bottom line. However the internet traffic lost by his hijacking of their trademark will amount to a lot.

How does a guy who registered to this board since August 2005 know about the motive of our hardworking Antoine and if he is an opportunist or not?

We don't even know if you drive a mazda or not.(rlaugh)
You need better way to cover up your tail.
Your motive and identity in the other hand, is so obvious.
You have only made 6 posts so far and all of them under this thread.
Guys, check this guy (http://www.msprotege.com/forum/search.php?searchid=1249961) out! Amazing!

low_psi
08-05-2005, 05:10 PM
I am a douche bag. To the max.

you said it best

Antoine
08-07-2005, 03:24 AM
Wow...I'm not even going to comment on the utter stupidity of Robo's posts. (boom08)

Thanks for supporting me and PhreakV...well said...I'm proud to have members like you guys in this community. :D

enry
08-07-2005, 02:55 PM
Wow.. Antoine & me agreed that the domains are not for sale, were never for sale. Carefully read all of Antoine's & my posts in this thread, from the start, before mouthing off, please.

D-rock240
08-07-2005, 03:50 PM
Have you read my posts? He is trying to sell these domains to Mazda. Does it make sense now?

Haha dude you did not read any of antoine's posts at all! (headshake)

CasopoliS
08-08-2005, 11:16 PM
Just read all 13 pages.

GOOD LUCK GUYS!!!!

They have no right, but they do have power and $ and will do what they can to get those sites. Stay strong and get legal help by your side.

I remember trying to get to a site once, and randomly typed www.thecompanysname.com (forget the site now) to see if it was actually the company's site and it was not (this was prior to my Google addiction). At the top of the site though it said.... "If you are trying to get to "company name's" website it can be found here." So two companies had the same name, looks like they settled a different way. Anyway this just reminded me of that.

Prodigy
08-08-2005, 11:31 PM
Semi-similar thing happen to the White Stripes(band.) and Crest(toostpaste company).
Crest was releasing their new "Crest White Stripes".. but the domain name(www.whitestripes.com (http://www.whitestripes.com)) was registered to the band the White Stripes. Crest offered $85,000 for the domain name but the White Stripes refused to give up the name. Instead, Crest changed their product name to "Crest White Strips." Now a link can be found on the White Stripes website linking to Crest's homepage.

gino
08-09-2005, 08:48 AM
Antoine, what's the latest?

creednet69
08-11-2005, 03:51 PM
(boom06) Funny... I never got contacted by Mazda Canada regarding:

www.protege5.ca
www.mazda3.ca
www.mazdaprotege.ca
or even
www.mazdaspeed.ca

Hope they don't, I'm doing the same thing as Antoine, but for Canadian Mazda owners.... Antoine is promoting the Mazda product, so I don't know why they are such pain in the asses!

Antoine
08-11-2005, 10:13 PM
Antoine, what's the latest?

No new developments yet...Since I sent a few e-mails in my defense and an official statement to Mazda things have slowed down...The last e-mail I received was from someone at Mazda Marketing who offered to call me up in Japan...I sent a response saying I was willing to talk (I'm assuming the whole "Cease & Desist" order was called off)...It's been a week or so since I gave them my contact info and I have yet to hear anything...which is fine ;)

I'll keep you guys updated if anything happens...I doubt this is the last I will hear from Mazda...

Antoine
08-11-2005, 10:20 PM
(boom06) Funny... I never got contacted by Mazda Canada regarding:

www.protege5.ca (http://www.protege5.ca/)
www.mazda3.ca (http://www.mazda3.ca/)
www.mazdaprotege.ca (http://www.mazdaprotege.ca/)
or even
www.mazdaspeed.ca (http://www.mazdaspeed.ca/)

Hope they don't, I'm doing the same thing as Antoine, but for Canadian Mazda owners.... Antoine is promoting the Mazda product, so I don't know why they are such pain in the asses!

It's all about the ".com" I have other versions of the CX-7 domain and the only ones they cited in the C&D letter were the ".com" ones...Although some companies use the country domains...wait until someone at Mazda realizes they should of registered those and sends you a little present...Time will tell...

A lot of our members are Canadian...;)

Antoine
08-11-2005, 10:27 PM
UPDATE: I'll be receiving a call on Friday...Cross your fingers ;)

CasopoliS
08-11-2005, 10:35 PM
UPDATE: I'll be receiving a call on Friday...Cross your fingers ;)

Good luck. Once they hear how busy the forums are these days due to GI, they will love you!! Ok maybe not.

fLyPiNoY7
08-11-2005, 10:41 PM
good luck antoine...u've got all the members of this forum behind u!...well, except for robofsocalif...

misbehave
08-12-2005, 01:18 AM
good luck antoine...u've got all the members of this forum behind u!...well, except for robofsocalif...

I am not sure if he qualifies as a member. So there is no exception, I guess. You have every member backing you up.

creednet69
08-12-2005, 09:23 AM
Funny... I never got contacted by Mazda Canada regarding:

www.protege5.ca
www.mazda3.ca
www.mazdaprotege.ca
or even
www.mazdaspeed.ca

Hope they don't, I'm doing the same thing as Antoine, but for Canadian Mazda owners.... Antoine is promoting the Mazda product, so I don't know why they are such pain in the asses!

It's all about the ".com" I have other versions of the CX-7 domain and the only ones they cited in the C&D letter were the ".com" ones...Although some companies use the country domains...wait until someone at Mazda realizes they should of registered those and sends you a little present...Time will tell...

A lot of our members are Canadian...;)

It's still a work in progress, it's really hard to attract new members! Not a lot of Canadians know about it.

All the best Antoine! Seriously, you're the Mazda embassidor and Mazda should be worried about loosing customers if they try to shut down this site! :) Let us know!

Martin

digi168
08-12-2005, 10:43 PM
Not sure if anyone has brought this up but I didn't really want to read every post.

goto www.nissan.com (http://www.nissan.com/) and read what is going on there.

Nissan is suing Mr. Uzi Nissan, who registered the domain name Nissan.com for his computer business, when Nissan was still making car's known as Datsun.

Mr. Nissan actually won in court but it is under appeal. Follow the links and you read the decisions.

Also, I have BCmazda.com and MPSport.net registered and have never gotten any flak from Mazda.

If you pursue it one of three things is going happen, they either drop it or you make a deal to give/sell/trade it to them or they come after everybody on the internet who has a mazda registered domain. Odds are once you explain what the domain is being used for they may let it go.

NRRfrogmanP5
08-12-2005, 11:40 PM
good luck man

Antoine
08-14-2005, 11:25 PM
(attn) UPDATE!


So...Mazda did come through with a phone call...On Saturday morning I received a call from Marketing at Mazda in Irvine, CA. The woman I spoke to called me in Japan which was a nice gesture and seemed friendly. We spoke about many interesting things but the POINT of the call was obviously to "secure" the domains from ME.

Here is the skinny...Apparently Mazda really needs the CX-7 domains as part of the new model's launch campaign and the reason they didn't register them soon enough was because of a communication delay between Mazda Japan and Mazda NA (as I had assumed before).

This woman had mentioned indirectly that if we didn't reach some sort of agreement that they WOULD proceed with "legal" to obtain the domains. Although I don't think they have much of a case I personally don't want to deal with a legal fiasco unless it had to come to that...I've come this far...don't think I won't go further!

Now...no matter what happens I want to end up better off than I was before Mazda made their move...So to sum up what was discussed during our conversation...

Mazda's suggested terms...

- Transfer the CX-7 domains to Mazda
- Mazda will register a new replacement domain
- Mazda may offer compensation for the domains

Antoine (Mazda Forums) suggested terms...

* If the CX-7 domains are transferred to Mazda...

- The New CX-7 domain must be clearly represented on Mazda's official CX-7 site/page as a graphic/sign/image with an active link...I do not want Mazda to take away any opportunity I setup initially with the original domain even if I accept a new one!

- Improve the location of the current Mazda Forums links on mazdausa.com

- Compensation in the form of a DONATION to the community! Funds to buy our own server WOULD BE AWESOME!

- To establish a relationship with Mazda and improve communication...My marketing contact told me that she could include me in their "distribution" list for the press...which means I would get Mazda news/info just as the press gets it...allowing me to keep the community informed sooner and more accurately...In addition I could be put in touch with Mazda people who can benefit the community and local events...
___________________________________

As of now...Nothing is set...I'm awaiting an e-mail to summarize what was discussed last saturday. Feel free to post input, suggestions, concerns, questions etc...

Some interesting points made by Mazda (paraphrased)...

- Mazda is often aware of the huge amount of miss-information posted about it's current and upcoming models

- Mazda notices that the Protege scene is very strong (especially in CA) and wants to support it

- The Mazda5 is a "MAV" Multipurpose Activity Vehicle" not a "mini-van"

- The Mazda5 should make a natural and easy transition from the Protege/P5

- The CX-7 is really "HOT" * Sounds like Mazda is going for something "off the scale" with this one...

- Mazda is trying to establish better connections with clubs and online communities by setting up a site called *edit www.mazdaenthusiasts.com (http://www.mazdaenthusiasts.com/)

DeadGeneration
08-14-2005, 11:40 PM
They only want the cx-7 domain now... but what about the other domains you have, and any future models. I am sure they will register them well in advance now.

CasopoliS
08-14-2005, 11:43 PM
Thanks for the info. It is good to hear that the community (not yourself personally) is what you are looking to benefit... well in the grand scheme of things. Good luck with the resolution in which both you and Mazda together will decide upon.

gino
08-17-2005, 01:53 PM
Mostly good news, Antoine. Notice that the Mazda enthusiast site's for sale for $2500 or offer. Hmmmm, if MNAO is touting this site as one they're going to front, how come it's for sale?

Anyway, you made some good points and they made theirs. Look forward to how this all shakes out.

goldwing2000
08-17-2005, 04:51 PM
Anyone in Flat Rock, MI want to verify if the phone # and address are legitimate?

Auto Alliance Intl Inc
Address: 1 International Dr, Flat Rock, MI 48134
Phone: (734) 782-7800


It's only 12 miles from me. I could go down there and crack some skulls. :D

tunersteve
08-17-2005, 05:13 PM
Auto Alliance Intl Inc
Address: 1 International Dr, Flat Rock, MI 48134
Phone: (734) 782-7800


It's only 12 miles from me. I could go down there and crack some skulls. :D


It's far less than that for me, and I have a few connections of people that work there. This whole situation is ridiculous, and I can only hope that they learn that they need to support sites like this.

goldwing2000
08-17-2005, 05:15 PM
We might have to organize a Michigan Mazda Meet in their parking lot... maybe a donut party. (evil)

gimpo2
08-17-2005, 05:31 PM
- Mazda is trying to establish better connections with clubs and online communities by setting up a site called www.mazdaenthusiast.com (http://www.mazdaenthusiast.com/)

Funny that this domain is now for sale for $2500...
DESCRIPTION:
Great for any Mazda website!
Parts, General Q/A, Forums, etc. Generates lots of hits and is easy to remember.

Antoine
08-18-2005, 01:28 AM
Funny that this domain is now for sale for $2500...

Edit! Try www.mazdaenthusiasts.com (http://www.mazdaenthusiasts.com/)

peepsalot
08-18-2005, 02:14 AM
Edit! Try www.mazdaenthusiasts.com (http://www.mazdaenthusiasts.com/)
That crap is for miata's only. They betta recognize!!

gimpo2
08-18-2005, 02:22 AM
hahah DFWMazdas is on there w00t! but that site is a miata thing, look at the link it redirects you to

RyanJayG
08-18-2005, 03:10 AM
wtf? no MAZDATEAM on their list? suck..... I hate MNA now

gimpo2
08-18-2005, 03:19 AM
hahahah DFWMazdas is 1337zorz!!! i'm really surprised MOCC isn't on there. MNA showed off their new cars for the past 2 years at MazdaFest. Its Steph angry time (argh)

tunersteve
08-18-2005, 10:41 AM
It doesn't hurt to take the time to fill that thing out at their site. The more that do, the more people they know that would be pissed if they shut a site like this down.

thejoker0409
08-21-2005, 03:59 AM
We might have to organize a Michigan Mazda Meet in their parking lot... maybe a donut party. (evil)

hell yea im 5 mins away from there

Antoine
08-31-2005, 12:54 AM
UPDATE: Well sort of...

Last week I sent Mazda what I consider "comfortable terms" for a domain exchange (based on my conversation summary a few posts back)...Soon after I received this response on the 22nd:

Antoine, thanks for your quick response. Please allow me a couple of
days to review internally and I'll get back with you.

As of now I haven't received any further response...I'll be sure to keep you guys updated as this next e-mail could greatly influence the future of this community!

RyanJayG
08-31-2005, 01:21 AM
just domain exchange or are they agreeing to help upgrade our server as well? its always nice to have more ram, and more bandwidth

Antoine
08-31-2005, 02:38 AM
just domain exchange or are they agreeing to help upgrade our server as well? its always nice to have more ram, and more bandwidth

These are terms that I would be comfortable with based on the fact that if they agree...it would really help ensure a healthy future for the community!

Here is an expert from the "Comfortable Terms" e-mail I sent them...

- The New CX-7 community domain must be clearly
represented on Mazda's official CX-7 site/page as a
graphic/sign/image with an active link...In addition
an early notice link of my CX7 community would really
help get things started before the official CX7 page
is up.

* I do not want Mazda to take away any opportunity I
had setup initially with the original domain even if I
register a new one. Timing is everything when starting
online forums.

- Improve the location of the current Mazda Forums
links on Mazdausa.com. They can be updated to include
some of our other domains like MZSPD6.COM MZSPD3.COM
ProtegePower.com Protege5.com MazdaV.com MazdaIII.com

- Compensation in the form of a Donation to the
community.

* Funds to buy our own server WOULD BE AWESOME! At
some point in the future the community will need it's
own server to ensure reliable and enjoyable access to
members and to save on the high cost of hosting fees.
As the site develops and grows every year it becomes
more expensive and difficult to keep such a vibrant
community online.

* We currently pay about $4000 a year just in hosting
fees. As the site grows the cost will rapidly
increase.

- To establish a relationship with Mazda and improve
communication. That means placement on Mazda's "news
distribution" list and access to other forms of
additional information (contacts?)

MazdaAxela
08-31-2005, 03:18 PM
Mazda needs to be on the ball more...This topic is funny to me, as you think they would encourgae an online community that talks about their products...

project_msp
08-31-2005, 09:51 PM
Dude... HAHAHAH

if you registered the domain. IT'S YOURS. People make great money off of this type of business. If they want it from you... they have to pay you. End of subject.

about upgrades... if you need dedicated servers or colo for any downtime, etc. let me know :) I can always cut good deals. (I run a few technical businesses one in which deals with COLO/Redun/Dedicated/Recovery/Migration/etc.)

PhreakV
09-06-2005, 08:48 PM
Mazda needs to be on the ball more...This topic is funny to me, as you think they would encourgae an online community that talks about their products...
they should engage the community but they have to be cautious as well; we, as a community, can rep or kill any Mazda product for them. Yes, if the pricing is there people will buy it (i.e. Kia and DaeWoo) but they've got a brand image to protect and they can't really do that without controlling domains. (side note: I don't think they should have that control, but that's there point of view from a legal/business standpoint...)
Dude... HAHAHAH
if you registered the domain. IT'S YOURS. People make great money off of this type of business. If they want it from you... they have to pay you. End of subject.
I might suggest that you pickup a copy of an IP law (Intellectual Property) textbook. IP law is being written monthly and many jurisdictions don't even have local precedent set yet nor statutes to specifically guide them... Property law in the US is the worst law because its really is a crap shoot as to how it'll work out. Its a hodge-podge pile of shit and ancient common law non-codified as crap (and that's the short version). just because you were the first to register something means approximately squat in a court. if the court views Mazda's trademark and copyright claims as superior, the Court can award them the domain on pre-possessory rights and we're SOL...

Antoine
09-07-2005, 07:02 AM
Guys...let's not regress here...I've made a lot of progress with Mazda...let's not bring up "legal" discussion unless it is a "legal" situation...as of now I'm waiting on a response from Mazda Marketing to meet my "comfortable terms" in a peaceful exchange for the domains.

Any continued legal threat from Mazda at this point would only further discredit their case as they have already offered to work out an exchange.

GGKAuten
09-07-2005, 03:03 PM
I already lost my 5 because Mazda couldnt fix it, I am not going to lose this forum too. It makes me feel good to still live the days of the 5 even though she is gone now.

XSCALLIBER2000
09-18-2005, 06:59 PM
...

Antoine
09-29-2005, 01:16 AM
UPDATE!

Okay just to update everyone I've been exchanging e-mails with a marketing person at Mazda. I've been trying to workout a "comfortable" exchange and for the most part it's been going smoothly...BUT what concerns me is...

We've exchanged terms twice now and both times they have taken their time (often several weeks) to respond...then they proceed to give me some ridiculously short deadline to reply. Seems like some kind of tactic to pressure me...At least that is how I feel and I DON'T like it...

In addition...They have been unable to meet the most important term and that is to help this community by representing us more on Mazda's official site.

vindication
09-29-2005, 01:28 AM
just give them an antoine doll. that'll shut'em up.

Jliao
09-29-2005, 01:56 AM
Tell them if they screw us this site, then they're screwing with millions of loyal customers.. and my next car WILL NOT be a Mazda.

mazpro
09-29-2005, 01:58 AM
yeah, that should help, I don't think they want 20,000 people pissed at them, Lol

misbehave
09-29-2005, 03:30 AM
yeah, that should help, I don't think they want 20,000 people pissed at them, Lol

Wait til we spread this to the press. Then they know who are they messing with.

Jliao
09-29-2005, 10:20 AM
LOL! This is how we do it~~ ^^

Poseur
10-17-2005, 07:20 PM
Been a couple weeks, Anything new? mostly any way all of us members can help?

Mazdaspeedgirl
10-17-2005, 09:37 PM
a few years ago Mazda tried to take away rx8.com from an aquaintence of mine. He owns a rotary shop that specializes in the 3-rotor conversion for the fd. This was years before Mazda even conceived the RX-8. His only reason for the "RX-8" was simply a suggestion that a 3 rotor in an fd "evolves" an RX-7 to an RX-8. He has taken it down. :(

Antoine
10-18-2005, 01:51 AM
Been a couple weeks, Anything new? mostly any way all of us members can help?

Thanks for the support (thumb)...I do have UPDATES!

First of all I must say that although this started out in a very negative and forceful way thanks to Mazda's Legal department...It has been relatively smooth since Marketing contacted me. They would really like to have the domains when launching their CX7 campaign. They approached me in a friendly and professional manner (maybe once they realized I wasn't a push over and that I've got an awesome community to back me up!). It seems some people (obviously not the legal department (notcool)) at Mazda are genuinely cool and understanding.

At this point the final details are being worked out as we speak! The plan we finally agreed upon is...Mazda will make a donation and provide me with press access to their media site along with other contacts. In exchange for their contribution and support I will transfer ownership of the Mazda CX-7 domains. It should be noted that...We've come a long way from the days of "you must stop using the domain names" and "relinquish the rights to these domain names to Mazda."

In anticipation of this...I have registered MyCX7.com (http://www.msprotege.com/forum/forumdisplay.php?f=230) to replace the original CX7 domains.

* I really wanted more representation on their site but it's in a "code freeze" and will be totally revamped soon. Therefore they can't guarantee any representation at this time.

Nothing is confirmed yet but as soon as it is...I will definitely let everyone know! I also hope this exchange can be made on good faith and that Mazda and Mazda Forums will benefit greatly from it in the future. :D

Stay tuned...

Killer
10-18-2005, 12:20 PM
Interesting.

DeadGeneration
10-18-2005, 09:56 PM
Tight

Poseur
10-26-2005, 06:58 PM
Hey, Quick question, but My local dealer is now very interested in helping me intrroduce new mazda owners to Forums such as this one. I was wondering if there's a generic Domain name for this site? Sofar I'm aware of all of the model-specific ones which works as well, but for obvious reasons, the simpler the better. Either way, though I've been looking and can't seem to find a complete list. I also feel it would be handy for "Tagging" cars of ppl who could use to get a R/L bump to steer them this direction.

Mazdaspeedgirl
11-20-2005, 07:38 PM
Well since my case with my RX-8 was resolved, I know that Mazda has held up their end of the bargain in fulfilling their promises to me in a quick, professional manner. I trust they will do the same for us here. :)

I <3 Mazda

goldwing2000
11-23-2005, 09:01 AM
Nevermind. I just realized that you're an asshole and an imposter. Carry on with whatever is it you're trying to accomplish.

Aricjm15
11-23-2005, 01:04 PM
Nevermind. I just realized that you're an asshole and an imposter. Carry on with whatever is it you're trying to accomplish.
get in the fridge, You're the ringleader

goldwing2000
11-23-2005, 01:16 PM
get in the fridge, You're the ringleader

(scratch) More code?

capnsavem
11-23-2005, 02:10 PM
antoine's gone plaid.

goldwing2000
11-23-2005, 02:27 PM
antoine's gone plaid.

Correction: the Antoine impersonator has gone plaid.

goldwing2000
11-23-2005, 02:52 PM
Think "Spaceballs"...

AzteCypher
09-08-2006, 07:43 PM
Just out of curiosity what was the final result??

ivyfoxy5
01-10-2008, 06:46 PM
you mean to tell me I read thru every single post on this just to have no answer as to what happens at the end????

bermankahns
01-10-2008, 08:40 PM
you mean to tell me I read thru every single post on this just to have no answer as to what happens at the end????

i'm in the same boat... what happened?

TreFlip999
01-10-2008, 11:41 PM
look on page 16, crazys lol

bermankahns
01-10-2008, 11:48 PM
look on page 16, crazys lol

it doesn't have the final outcome. i know it mentions the new domain, and some agreements, but what was finally agreed upon?