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Don

CaleyThistleChat

http://caleythistlechat.myfastforum.org/index.php

This site clearly only exists to promote another site "in the making" who's sole intention will be to start some kind of cyber war and defame a site I co-publish.

We are currently taking advice regarding our legal situation in preventing this person from using the domain referred to in the sole post on that forum and ask for your assistance by having it (the forum) removed.

Thanks

Don J.
CaleyThistleOnline.com
Zudane

looks like a theoretical war, but since that's the only post, and it's locked I can't see it doing much damage.  Though technically it is a hate site.

Might be suspended, but I see no real threat from it.
admin (no pm's please)

plainly still a breach, though I have to question the need to bother asking us in this case. But I have suspended it.
birdog

Hi Admin, Zudane and of course CaleyD,

My forum was created, not to cause a forum war, but to create an alternative (not competition) to the afforementioned caleythistleonline.com. I was happy using that forum but was banned from it for posting some Michael Jackson jokes. CTO is moderated, at there own choice, in a way which is far harsher than any football forum on the net. I was told, on more than one occasion, if I did not like it to go and start my own forum.

I tried to do so but in the first twenty four hours had to delete in excess of 200 posts so that I could stay within this site's terms and conditions due to a mass attack by Don and his followers. I shut the forum down so that I could look further into security and making the forum visible only to members, in order to make moderating the immature attacks an easier job for myself. Yes, I had bought a new domain name but this was for creating a webpage which would contain factual information and a link to the forum here. There is only one dedicated forum on the internet for Caley Thistle fans and Don runs it. It is easy to see why there is only one ICT forum when Don takes it upon himself to make sure any attempt at creating competition is crushed. I would like to host my forum here but if  you truly believe that I set this up to create a war then so be it, I shall have to look elsewhere.

To help you in your decision as to whether or not to keep my for closed then please read this quote from CTO it was posted by a moderator on there and is obviously aimed at defaming my attempt at creating a more open community.

[/quote]As the setting sun sinks behind the hills that form the backdrop for the principality of Beauly HMS Sneck, having completed her sea trials, replenished her arms following her little skirmish with CTC Webflop, stored up and crewed up, slips out of Tulloch harbour and heads east out of the Firth of Moray, staying below water to avoid the prying eyes of those who may wish her harm along the Moray coast. Turning south at the knuckle of Broch she will cruise past the strongholds of Peterhead and Aberdeen and set course for the Marquis town of Montrose where she will slip through the channel of Montrose harbour and into the basin of birds. Here she will sit quietly on the water, her silouette disguised by the rolling hills of Dun, with her guns trained on the Castleton of Brechin. Although the vessel is not quite up to full strength for this skirmish her commander, the decorated Butcher of Englandshire and his first leiutenant Sir Malpas, along with Captain Munro providing battlefield direction and rearguard support, expect this to be a relatively simple operation that will provide training under fire in preparation for bigger battles to come.

Meanwhile a landing party will be despatched to attempt to prevent the overland travel of the Marquis of Montrose to the Castleton of Brechin. It is expected that he, the Marquis, may attempt a spying mission within the Castleton in the hope of gleaning vital information about the strengths and weaknesses of HMS Sneck. If, by any chance, the Marquis does break through the land travelling support army of HMS Sneck will be on hand to deal with, and attempt to curtail, the spying mission.

GOD BLESS HMS SNECK AND ALL WHO SAIL IN HER
[quote]

http://community.caleythistleonli...opic=13810&st=25&start=25
admin (no pm's please)

I am unsuspending, but I will point out that when I see a forum whose sole content is its dispute with an other forum, then obvious consequences follow.

Forums split and there is acrimony, that is the way of things, but split off forums only succeed if they have and strive for an identity of their own.
birdog

Thank you very much, it may be up to three or four days before I can open up the forums again but I shall open them. There is a good bit more research to be done on my part and I started this forum in haste it would seem but I shall open and my forum will be a very active community. I shall do my utmost to make sure it is not allowed to degenerate into the kind of place my (so called) rivals would like it to be.

Alex.
Don

The Intellectual Property Rights pertaining to HMS Sneck and more importantly CaleyThistleOnline, not to mention the fact that CaleyThistleOnline.com is an established identity of 15 years+ standing belong to us and we do not give the owner/operator of the forum referenced above permission to use them in any way shape or form.

It is our understanding that the actions of the admin on that forum amount to theft (of our IPR) in the first instance, and the deliberate, sustained and unsubstantiated allegations being made about us on the forum over the last 48+ hours amounts to defamation.

Ultimately it is the decision of myfreeforums as to whether or not they wish to facilitate the above in any way shape or form and the associated risks involved with that.

We perceive no threat in terms of losing community members....but just as you would move to protect yourself from anyone threatening your name and making unsubstantiated allegations against myfreeforums, we are simply looking to do the same to protect CaleyThistleOnline.

http://www.pieandbovril.com/forum/index.php?showtopic=110908 - Although largely irrelevant, this is from the forum starters own keyboard....just in case you had any doubts as to his reasons for the forum he has here.
admin (no pm's please)

If you can show copyright issues they will be taken seriously, but as far as I can see CaleyThistleChat is hardly a trademark infringement.
Don

You are correct, CaleyThistleChat is not an issue....but the thread on that forum stating that he will be setting up the new site on caleythistleonline.eu and directing people there is a clear facilitation of Intellectual Property theft.....it would be like a forum with a link showing people where to buy stolen cars or accessing any other illegal merchandise.

It is not the existence of the forum we have any issue with, it's the current content, the promotion of a site using our name on a different extension and the unsubstantiated allegations.
birdog

Don,

This shall be my last post here, I own the domain name mentioned in that thread, It was bought for me as a present. I have mailed you as to my intentions and offered to sell you the name for 1 penny more than my brother paid for it (subject to negotiation).

The announcement thread was a direct reply to a moderator on your forum and I shall remove it so long as all mention of my forum is removed from yours (as stipulated in my mail) There is no need to drag admin and moderators of this site into our disputes and I am at a loss as to why you are doing so. Can we please act like adults about this and continue discussions through email and not in the public domain?

Alex
Zudane

Interforum dispute...

Unless you are profiting from the site caleythistleonline.com then there is no issue with caleythistleonline.eu.  Things like this happen a lot - unless they are specifically copying you with intent to take business away from you (if you are non-profit then this doesn't count) then there is no problem more than a quarrel.

It's a fansite, and I would expect to see a fansite that was as serious as you take multiple domains to make sure others don't get them because there is nothing stopping them, bar your purchase of the domain before they are able.

So plainly stated - unless there is a harm to your business there is nothing legally that can be done.  And since, from my understanding, you are not a business, then there is nothing more that can be done.  He can have a similar name with the same subject, but as long as he doesn't copy your style and/or images, then he's doing nothing wrong.

As such... This looks to me like an interforum dispute as I stated earlier... you should be able to handle this between yourselves.

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