NL-I received a comment that contains the lawyer letter. So I am posting it here instead of the comments section. It is from a person who wishes to remain anon. This their opinion on the case. Not mine. Consider it an OP/ED. Also I don’t agree that Amazon shut this site down because of the “adult” nature of her site, and this adult reference would harm Amazon. Amazon sells adult dvds all day long, but in no way are May’s site and Amazon in any kind of similar market. I would love to see a “lawyer letter” from Amazon, explaining their reasons.
RN writes- Amazon’s Woot.com does not own a “woot” trademark to any “online” retail that specifically relates to the smaller site AdultWoot.com In fact, Woot.com makes it imperative that when they try to protect their brand, it’s always followed with a exclaimation point (!). If the “woot” brand was SO important to them, why didn’t they trademark the domain “woot.com”, every smart company does this, for online protection. It’s standard just in case other companies want to buy something like mywoot.com, ihatewoot.com, etc.
A word mark search states that “woot” is a: Retail store for electrical items, not an Online store that generally sells everything, not just electronics. There is a big difference. We can’t put our personal opinions in this, the law is specific, and so should the work mark description. I have written to the owner of AdultWoot.com and she has sent me a copy of her letter to Amazon, and they had the nerve to offer her $100 for the domain when it’s actually her livelihood. She has given me her permission to redistribute her plea to Amazon:
To Mr. Struthers, ([email protected])
I am not sure if this is the correct person to write to, but was told it would be you. Nobody has contacted me, emailed me, mailed me, served me, nothing at this moment.
There is no reason why Amazon.com, aka Woot! should be bullying my small company. It pays for my family’s existence of shelter and food. I should NOT be under such assault by your law firm to take me down by strong arming my web host before even contacting me first. You sneakingly try to shut down my income by bypassing me and forcing your hand on my hosting provider to take me down. No notice, no email, nothing from you. Cyber bullying is real and with large fines and I believe you have just did this. There are many things to consider when you try and bully my honest living in which of course you did not. Even your word mark claim of ‘woot’ IS QUESTIONABLE to say the least. You want to prove that I’m a threat to your business? Really? I would be lucky to have 100 visitors with 5-10 sales a day… I’m considered a THREAT TO YOU!? have spoken to some legal people that are friends who have told me what matters most when it comes to these type of things. Does your website offer goods or services that compete with the goods or services being sold under my name? NO. Does your website offer goods or services that typically are distributed in the same channels as the goods or services being sold under my name? NO. Might have my website in some way divert business away from the Woot! mark because of of my name? NO. People who are searching for adult merchandise know EXACTLY what my site is, they type in ‘ADULT’, there is no accident. Nobody types in more than they need too. No one mistakenly comes to my site looking for yours. Every search engine states it clearly: Cheap Adult DVDs | Daily XXX Deals | Porn DVD Your client’s site simply just says: Woot So where’s the confusion? Could you show that your domain name is so similar to mine that users might end up on my website by
mistake? Definitely NOT. Domain names of acronyms, whole categories of products, services, common expressions are ineligible for trademark protection. Your claim ‘mark’ clearly does NOT state any online business and, it is not famous because its A RETAIL STORE like a Walmart. Your claimed mark is old, and it’s incorrect. I am not a trademark lawyer, nor can I afford one… but common sense I do feel prevails here. When I acquired my domain, I did a search mark and was told that I would be OK, but a company as greedy as Amazon actually wants to take food off my family’s table??? If your ego is that high to think that you’re going to bully a small person like myself to abandon my family’s income because of some stupid acronym, ‘woot’ = want one of those, a word that my daughter and her friends ALWAYS USE, you are sadly mistaken. 50 million web pages using this acronym and you think you can own it? I will take this public before I let my family’s income die from your greediness, from Amazon.com’s GREEDINESS. I can prove to the court hundreds of other “woot” domain owners that operate just fine without your type of threats. Do you think ‘adult’ products companies are any different? How come Amazon has not gone after companies like www.iwoot.com, or others? Because they are NOT adult based, that’s why. We are people too, that have lives and bills to pay for. We are completely LEGAL. If you’re still thinking that you want to take me down, I will sue you for cyberbullying. Laugh as you might… I am a determined single mother of two. You, representing a powerful company, are trying to force ME, a very, very small company, with no money, to give up a domain name that was legally acquired in good faith for my type of business. Read my About page, “Adult” = being all things adult related and “Woot” = Want One Of Those, because I focus on low pricing. Which illegal free porn circulating the Internet that destroys legitimate businesses, who wouldn’t want tangible adult DVDs for cheap? I barely make a dollar on each item. Amazon makes billions and feels that it has the time to go after a small business like me? I am disappointed, but more so, I am concerned for the livelihood for myself and 2 children. Believing that you’ll make a ton of money from Amazon.com, gain recognition and that you’re in a powerful position to sue a smaller company like me…. I AM NO THREAT. You though, can clearly be liable for such an action. I will acquire a lawyer who will do it for free (GOD WILLING) just to make a point that big companies cannot own the Internet when nothing of the above that I’ve mentioned has infringed your business in any way. Facebook tried suing the world for their marks, but small companies like faceporn.com fought showing that two different types of companies DO NOT mistaken people from what they are seeking online. Just LIKE YOU.Please don’t force me to protect myself and my family. My children come first. I am the American Dream, someone who is down and out who thought up of a way to produce income from home, to find a resource where I am able to get my product for cheap enough to provide for my children. I am not rich, I am not any threat to ANYONE and my company has NO similarity to Amazon. I will SUE you for CYBER BULLYING, your previous actions against me before contacting me FIRST was NOT right.
RN writes-I personally agree with her, her site does NOT confuse people who buy from Amazon. I KNOW it’s an adult site, and THAT unfortunately is probably why they decided to trounce on her and NOT other “woot” sites.