Hi Please watch this video and make sure to navigate the site to learn more information.
It took exactly 1 year to resolve this matter. This domain changed hands on Sunday, May 9th, 2010. It was May 10th 2009 when I noticed this domain in the search engines and asked for it. It did not go well at first and I had to get a lawyer involved.
I just want to update a few things. In the video I stated $250,000. In the letter we sent to the previous owner, that amount was not disclosed. However that was the amount we would pursue had he not complied.
Also, I want to state. The previous owner always responded with class. He felt very strong about his position but decided to cooperate in the end.
Here was his response when my attorney sent him the letter.
“I’ve had conversations with both my local attorney, his associate in Brooklyn, as well as the E.F.F., and although they are confident we will prevail, I will attempt to resolve this amicably before litigation is necessary.”
Once he agreed to give me the domain, I must say he was a gentleman and made the transfer easy and with out any issue at all.
I even paid him for the domain and we had a few civil emails with some humor injected.
The sole purpose of this domain is to educate people to protect their brand and the importance of getting a trademark on your name. It is in not a way to show victory to the previous owner. As I said, he felt strongly about his position and was a gentleman to deal with after he decided to not fight the case. I wish him well.
Thanks,
Mike Filsaime
Thanks for the information Mike, Way to go!
Sounds like a good product development opportunity Mike…showing people how they can trademark their name easily!
So glad to see leaders in our industry take a stand. So often we’re just told to ignore these type of people which is why the problem permeates online. They know that more than likely they can get away being leeches. Well done!
Mike -
What can a trademark holder do in a situation where the negative website is NOT (repeat NOT) being monetized?
It seems like what happened here was that the guy who registered MikeFilsaimeSucks.com really did it to earn a buck off your good name.
What recourse do you (or me or any of us) have when the website doesn’t have any ads or product pitches and just serves as a place where people call you a lying crook, a con artist, a fraud, etc?
How do you use trademark law to get the domain away from the person owning it in a situation where they basically let random people come in and post negative things about you?
Erik
Hey Erik,
If a person does not have any (any) way to profit, there is not much you can do.
No external Links
No Banners
No posts to other websites even without links.
Then there is not much you can do. Your Trademark will not help you much.
In other words, you can stand every day in from of a bakery with a picket sign that says “I hate the food here” and there is NOTHING the store owner can do. It is free speech. However, if you did the same and then said, “Go to my store down the block” you could have issues with Defamation or Slander. (Written words of the same such as a blog is Libel.)
You can learn more about it here defamation.
http://en.wikipedia.org/wiki/Defamation
A very valuable lesson indeed Mike.
I appreciate the fact that you provided this “case study” as a venue for all to learn from when it comes to little-known branding requirements.
Thank you for adding value to this site in this manner.
Mike, this is really good stuff. I’ve always despised the Guru Name Bashing Marketing. I remember the first time we talked and I promoted butterfly marketing. I asked if it would be okay if I used a variation of the the BFM name and you obliged. I think that when you are using someone’s name to support and promote them in a positive way, it is a awesome thing. I’ve created several websites that promote our fellow marketers and because I do it in good taste, I never receive any negative feedback. In fact, one such Guru (will remain nameless) saw a site I created around his products and services, and liked it so much that he gave me access to the product he was promoting at the time.
Mike, thanks for all that you have done to mentor me and take my business and personal life to the next level.
In my book, you definitely don’t suck!
Lonnie Robinson
Hi Mike , As a reseller of your 3 best products I was delighted to see you won this as Google is very powerful and people believe what they see online and seeing mikefilsaimesucks.com, wasn’t good for sales. I’m looking forward to an increase in sales now because these people have been exposed.
Thanks Mike , Keep up the good work
Great info Mike. I’ve always wondered how to take care of this. Every once in a while I see some scam ad’s, but their domain is on privacy protect.
Very valuable info, everyone can learn from.
Thanks Mike.
Chris
You Friggen Rock! – I’da just sent Luca Brasi.
Well done.
-Omar
I just searched on Google “http://mikefilsaimesucks.com/” and there appears to have some cached pages of previous content on Google Servers. What can one do to have that content Removed from Google Search engines?
Mike
Thank you for this. It is well worth knowing.
I find you very inspiring.
char
Interesting story. Glad you got it resolved.
I once had a domain with the word amazon in it. I wasn’t doing anything bad with it… was just giving out some info about how to maximize earnings through their associate program.
I was very surprised to get a call from their attorneys one day asking for me to turn over the domain.
Of course I did. The lawyer dude was actually pretty cool. He told me I would be surprised at the number of domains they have with different registrars.
Mike,
I found you in the resource section of Holly
Mann’s e-book. I have been trying to hook up
with her affiliate program but when I fill out
the questionaire and hit submit, to get an e-mail from her, the link doesn’t work.
I am a senior citizen in dire straights finan-
cially with very little computer experience and
have been screwed with some programs that were
supposed to help beginners and I read good things about Honest Holly.com and I can’t seem
to communicate with her via her websites.
Two questions for you,1. do you know how I can
reach her and 2. will your carbon copy teach me
as a beginner how to make an income on the com-
puter? Please respond,
Thank You
Paul Chrstie
You are a Genius!!! G, ILH!!!
Hi Mike,
As far as I understand it. Though I am not a lawyer. You can use the sign TM for your name or product TM means it is unregistered but it does identify to consumers it is a brand unique to that name and does provide some protection.™
A registered trademark then would show ®
Using a trademark is Imperative in any thing you release whether your going to create a brand or not it is an identifying mark to let both consumers and competitors know this is a unique product only through this name.
Way to go Mike on standing up now that you are where you are it is easier to take action the lesson you have given is indispensable and I for one have always thought you worked hard and I will one day be where you are now just like you said to Stephen Pierce watch out for me brother I am on my way:)
Way to go man
cheers
-WD
Way to go Mike!! You have gotten more positive advertising and personal exposure as to the type of upright hard working person you really are actually now with all of this happening I believe! I think it has backfired for you Brother!! Except of course we don’t know who “they” really are, as “they” have to hide behind you and have to ride on your coattails of course (they thought) to be able to succeed even!They are only able to profit from someone else’s success it seems…or so they believe about themselves anyway.Where would be the satifaction in that? And all things aside and for want of anything else, -”Where” is their Pride?? They wouldn’t want their own identity to be known -as they wouldn’t want that kind of advertising -now. -Would they??
Trademarks are issued to easily, and this can turn into reverse domain name hijacking – interesting subject for sure.
I’m curious to know how this domain http://www.paypalsucks.com/ is still in business. Maybe you should offer them consulting, lol
But anyways glad to see you got the domain squatter. Just trying to see how much money he could extort from you.
The person in this case was running ads. That is the problem
Mike,
you know, I never think about this…now I’m looking more and more, and pay attention on this things Online. So, this was really good Information. I know for you from 2004.y. and I just tell you, that you’re one of the best here Online.
Oh, an BTW mike, how did you manage to clear up the archive.org? Sent them an email as well? I would actually love to see what the mikefilsaimesucks.com did look like before you took it over.
I am always shocked at how people can sleep
at night and profit while hurting others by taking away their hard earned money while selling hopes to desperate.
Hi Mike have you tried a URL Redirect in WordPress or hosting?
Mike this is an excellent website! You have really opened my eyes. Thankyou!
It is so shameful when mike talks about being honest and responsible while all he does is just hiding behind the service desk and not responding to people’s requests! I am wondering a company as big as hp let people to put up reviews and even call it scam and building websites against them but such small and scam company makes a big deal out of it. if you believe in your products why you afraid of these people? we all know that everyone is free to express their ideas and you can’t scare people from telling the world about the scam you are running with or without advertising! You convinced Google? Who the hell are you? Don’t you think it is the time to stop lying?
Do you recommend any guide on how to go about registering a trademark? Even if i’m not from USA?
Thanks for this info Mike some people are unbelievable Great stuff and I am a advocate of your teachings and know your stuff to be 1st class you definitely do not suck Thanks for all you advice and putting together the Profit Platform.
cheers for now Simon
What’s Happening i am new to this, I stumbled upon this I’ve found It absolutely useful and it has helped me out loads. I hope to contribute & assist other users like its helped me. Good job.
Something similar happened to me. I had a entailment take my domain name and registered a “.net” version. Then copied my product page, making it look identical to my “.com” version. Only selling my product pennies on the dollar. Many emails sent with no response.
I was ready to get in my car and travel to Arizona where he lived. Being smart about it I trademarked my name, then 10 months later, and lots of red tape, I own the domain name now.
Never again, do I get the emails “how come your product is cheaper on this website”. Which was driving me insane. So another tip is when you are launching a major product or service. Also register .net, .org and whatever you can.
Hey Mike
You’re right because I stopped here saying why would someone say that about Mike. He giving away something of value…
This is good stuff. I’ve noticed that this is being done on my name that I am trying to build on into a brand. Tags like ( arrested etc.)
You can’t be serious when you say a lot of people a searching for your name in google. That’s only 1600 people a month. So this is not a big amount of traffic this website was getting. And what’s more interesting 320 people are searching for ‘mike filsaime scam’.
When I first stumbled upon your name, I swear to fricking god, I was sure it was fictious. You can’t trust a person with such a name, so obviouly the first thing what I did was, searching for mike filsaime scam.
I also like how you stole the coolest guy idea from your fellow. Monkey see monkey do.
Now, how can you trust and respect a sucker whom it took 4 years to rank an exact match domain in top of Google.
your full of Crap Mike.. my esp projects that you are going to get a class action lawsuit againts you. This person who you sued had a wimp for an attorney. Nothing worse than a spineless attorney. This video is an intimidation you are using to threaten anyone who doesn’t like you or your marketing methods. Your are not scary and I have seen guys like you with money go down the toilet. who cares about your trade name. The mikefilsaimesucks.com web site was not for your unidentified list of sycophants, people kissers, it was for those who’ve been wronged by you. So having a website that represents those parts of the public that have been wronged by you doesn’t affect those who have already bought your product. So why mention them. For the rest of the public they are allowed to be informed from all sides of the story and you and your money cannot protect lies. So I’m really good at predictions and I predict that you have a class action lawsuit within the next 24months. You don’t own free speech and the advice to anyone who doesn’t like you is to just not but adsense on there pages. I have no feelings about you as a person only I defend free speech and if you suck cause some people have been dealt with inappropriately than you will find out how hollow your insides are… the fact of the matter is that you have people who have had issues with you and your products. so screw you and your attorney