Death of My 30-Day Challenge

[JasperEliot]

I'm afraid that I made some critical errors in choosing keywords in my 30-day-challenge that are going to kill most of my 30DC projects. I'm posting them here for the benefit of the community in hopes they can learn to AVOID the same mistake.

Unlike Ed, who skillfully picked a generic keyphrase of 'Vintage Electric Guitars,' I found what I thought was a good keyphrase--Kohler faucets--and built a blog around it. My blog is located at kohler-kitchen-faucets dot com. With the best of intentions, I wrote articles and promoted this blog, attaching affiliate links to reputable sites like eFaucets dot com. I thought that I would be okay promoting this brand in a positive light as the intent was to promote sales of Kohler's products, which would be good for them and me.

This morning, I received a FedEx from Kohler's lawyers asking me to cease-and-desist with this website, and demanding that I turn over the domain to them upon immediate demand.

Although I have spent a lot of time creating this blog, I only have about 3 visits to this website each day. (Kohler's FedEx letter cost much more than any monetization efforts I've had on this website.) Note that I created this blog with the best of intentions and thought that I would be able to positively promote a brand without suffering legal repercussions. Obviously I was wrong. This has cost me A LOT of time and money (...and now, heartache).

The lesson I have learned, which I hope to pass onto the community is that you must be exceedingly careful if you are thinking about promoting name brands in your keyphrase. DO NOT make blogs using Nike or Coke or Dell or whatever in your keyphrase-- as there are legal ramifications. We do not own these trademarks...and I have now learned that even with the best of intentions, these trademark owners can and will come after us.

I own about 12 domains that all positively promote brand products, and now I'm sitting here waiting for those trademark owners to slap me with an injunction or other such legal demand. They are in the right; I am in the wrong, and am now paying the price.

I am so discouraged at my fledgling efforts to succeed in Internet Marketing that I am now about to abandon the idea and go back to the unemployment line, where I was forced to go when through company layoffs last December. To say I am totally frustrated and disheartened would be a massive understatement. Life really sucks! It really, really does. Anyway, I hope everyone here is having much more success than I and I wish you nothing but the greatest of luck and opportunity. (But please stay away from trademarked brands!!!!) If anyone wants to see what a legal demand to cease-and-desist looks like, send me a private email and I'll send you a PDF of the letter I received.)

[Grahunt]

Onwards and upwards. You have learnt a useful lesson now use the lesson. Everything that you did to get those sites in the rankings can now be applied to other sites without trade names or you can apply your skills by offering those companies website design and promotion of their stuff as you have proved you can get their name and products up in the rankings better than they themselves.
Positive Spin!

[ke6hts]

While they *may* be in the right, I'd like to hear that from an attorney before I took it at face value. And being contentious at times, I'd probably comply but go ahead and "advertise" the way Kohler handled this situation. Don't underestimate the power of what you are learning. It sounds like they are bringing a cannon to a fist fight .

That said, everything in life is a learning experience. Having gone through a somewhat similar situation, I can say that I learned a great deal from it. I quit to avoid killing some people , but the education was invaluable.

Quitting totally only allows someone else to control your actions. You now know enough to start again, but this time with more experience. So go for it, and you will have some great stories to tell when you get further along!

[JasperEliot]

I appreciate the kind words. I plan to pull the site and send the law firm a check for the amount I received in total from my monetizing my blog: 28-cents. I'll apologize for trying to promote the brand in order to help bring them more sales without their permission. I'll further explain that I hope my check helps to defray some of their legal expenses and I'll wish them good luck in the future. They are demanding that I permit the transfer of my site to them, which I will do once I've deleted the content. I'll let them know that once they've accepted the transfer of the site, they should then try to capitalize on the massive amounts of free traffic--nearly 20 visitors a day. As for me, I've decided to focus on Niche Blueprint from here on out since this dropship model of ecommerce already establishes that the marketer (me) already has a positive relationship with the distributor/manufacturer before any web development takes place. It seems a lot less risky to me.

[David E Frank]

I had a similar experience when using a trademarked name. Got the lawyers' letter too.

Here is the thing, you learned a lesson, what doesn't work, and that is it.

I know it is a kick in the gut. But the 30dc is the best training you will find for making money on the internet.

I too looked at other methods of internet marketing, spent loads of money on other methods. Wasted lots of time too. Learned so things too.

What did I find? Everyone has an angle on how they made it big. But mostly there just selling you stuff.

This system works and you know how to do it. So just keep with what you know and do it better next time.

The point of the 30dc is to find a niche that has traffic, will convert, and that you can at some point sell your own, or other converting product with.

It may take several efforts to make that happen.

So yo have found one way that doesn't work (trade marks).

Now, think of all the information you learned about the 'markets' that those trade names we in, find some 'better' niches and use the research you did to make the new sites the best you can.

This is a process, it always will be.

Best of luck,
de

[JasperEliot]

Originally Posted by David E Frank

I had a similar experience when using a trademarked name. Got the lawyers' letter too.

Here is the thing, you learned a lesson, what doesn't work, and that is it.

I know it is a kick in the gut. But the 30dc is the best training you will find for making money on the internet.

I too looked at other methods of internet marketing, spent loads of money on other methods. Wasted lots of time too. Learned so things too.

What did I find? Everyone has an angle on how they made it big. But mostly there just selling you stuff.

This system works and you know how to do it. So just keep with what you know and do it better next time.

The point of the 30dc is to find a niche that has traffic, will convert, and that you can at some point sell your own, or other converting product with.

It may take several efforts to make that happen.

So yo have found one way that doesn't work (trade marks).

Now, think of all the information you learned about the 'markets' that those trade names we in, find some 'better' niches and use the research you did to make the new sites the best you can.

This is a process, it always will be.

Best of luck,
de

Thank you, David. Your reply makes a lot of sense and has helped inspire me to get fully back in the game. Really appreciate it, my friend. Thanks again.

[JulieW8]

Jasper, don't be discouraged. Bigger and more experienced domainers have received their fair share of C&Ds. Pick yourself up and move on (and read my post on domain names).

[aikighost@gmail.com]

Yep what you should have done was

use a domain like

www.faucet-reviews.com

had a sub page like

http://www.faucet-reviews.com/Kohler-faucets/

or

http://www.faucet-reviews.com/Kohler-faucet-reviews/

It will be hard for them to legally justify a cease & desist for a review site.

[Charles-128]

First, don't give up any unemployment benefits! Second, adversity is your friend. As in real friends, your real friend will tell you the truth, no matter how difficult that might be. Using a well known brand name as a domain name is just a mistake, and it is one I also made. Well, that is how we learn. It sounds to me like you should get a copy of Napoleon Hill's famous book "Think and Grow Rich" and find out what the wealthy teach their children. Believe this, it's a real eye opener. This book was written during the last great depression in the 1930's, and its words are as true today as if they were written yesterday. You can find this book in any library or bookstore in the world.

Charles KnNell

[wbthom]

Hi Charles

Can you please update your signature file so that it matches the forum rules: Forum Rules For 30DC 2008

Bill