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  1. #21
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    ya but if the sponsors would shut down his/her accounts ... it'd stop this stuff.

    They can control what kind of environment we live in. We can choose to support those that seek to provide an ethical environment.

    otherwise said: shut down the affiliate accounts that do this kind of stuff and force affs to ONLY do the right, ethical thing ... in the end it builds a better mouse trap because the net can either stay a profitable place to do business or it can falter into such a place that only the very brave and the very foolish will care to spend their time. Who wants that?

    The big picture.
    Almost Here! How would you like to be able to get not just one sign up from your player, or even a couple, but every single casino they join from here on? I've a plan that can make that happen and it will likely also tell you every time the player is active within the casino.

    Gambling Affiliate Place
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    Real Time Gaming Slots
    slots tip
    avoid non paying casinos

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  3. #22
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    Trademark registration is really very simple, and in my opinion, for a simple trademark word registration like you are discussing here, my recommendation would be to save the cost of an attorney and do it yourself.

    You'll want to register the word "Gramtrak" under class 41 which is the class used for trademarks related to both education and gambling.

    You can file for a US trademark online using the Trademark Electronic Application System (TEAS). The URL is http://www.uspto.gov/teas/.

    Filing the application itself might take a half hour, but you'll probably also spend a couple hours reading background information on the site so you know what you are doing.

    The fee for filing a trademark in a single class in the US is $325, and will end up providing trademark protection for several years (I think five) for that fee. After that the trademark would need to be renewed.

    Before filing for the trademark I would put "GamTrak is a trademark of company name" either on the bottom of your home page or on some legal statements page on your website.

    It does take a while from the time you file an application until it is approved. I filed for the registration of Casino City on January 30, 2003. The trademark registration was finally complete on January 6, 2004. There were no issues involved, and I did not have to interact with them at all after filing the application. The process can just take time. I think at the time I filed the application there was a six month backlog before an examiner even looked at the application, and then after that they have to publish it for opposition by anyone that might have a legal objection to the trademark, and that takes some additional time. I'm not sure if times are less now since I have not filed for any new trademarks recently.

    Once you have a registered trademark you can say "GamTrak is a registered trademark of company name". And at that time you are also entitled to use the registered trademark symbol (the letter R within a circle).

    Michael
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  5. #23
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    Certainly agree bb and I can feel your anger as well. Trying to something legally could be just a waste of time and money. Right now this fellow is pushing Villento Las Vegas (MGS brand) btag=va906984_aff_text_07082007_97448_ATS like its crack cocaine.

    The affiliate program does carry T&C’s such as,

    4.5. Good Faith
    You will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold Advertising Revenue with respect to such traffic.

    4.6. Responsibility for Your Site
    You will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
    Basically the same old not withstanding turning a blind eye type of thing. The chances of this brand permanently closing the account down are the same odds of playing Craps. They may say it but the reality is they likely won’t. Sadly and I agree this is the big picture. Across the board this is a Webmaster issue as much an issue for GamTrak.


    These cyber thugs one night dreamers need to be treated in the same manner they treat others. They need to know what it feels like to be treated as sub human. The domains listed is the bogy. And it was done intentionally, knowingly, and without conscience. Fetch that URL!

    Correct me if I am wrong, but doesn’t the trademark have to be registered as “Global.” A few years back one of mine had to be Global and it wasn’t cheap.

    greek39

  6. #24
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    Thanks Michael,

    This is how I'm going to proceed! I really appreciate all of the advice you guys have provided!

    Quote Originally Posted by MichaelCorfman View Post
    Trademark registration is really very simple, and in my opinion, for a simple trademark word registration like you are discussing here, my recommendation would be to save the cost of an attorney and do it yourself.

    You'll want to register the word "Gramtrak" under class 41 which is the class used for trademarks related to both education and gambling.

    You can file for a US trademark online using the Trademark Electronic Application System (TEAS). The URL is http://www.uspto.gov/teas/.

    Filing the application itself might take a half hour, but you'll probably also spend a couple hours reading background information on the site so you know what you are doing.

    The fee for filing a trademark in a single class in the US is $325, and will end up providing trademark protection for several years (I think five) for that fee. After that the trademark would need to be renewed.

    Before filing for the trademark I would put "GamTrak is a trademark of company name" either on the bottom of your home page or on some legal statements page on your website.

    It does take a while from the time you file an application until it is approved. I filed for the registration of Casino City on January 30, 2003. The trademark registration was finally complete on January 6, 2004. There were no issues involved, and I did not have to interact with them at all after filing the application. The process can just take time. I think at the time I filed the application there was a six month backlog before an examiner even looked at the application, and then after that they have to publish it for opposition by anyone that might have a legal objection to the trademark, and that takes some additional time. I'm not sure if times are less now since I have not filed for any new trademarks recently.

    Once you have a registered trademark you can say "GamTrak is a registered trademark of company name". And at that time you are also entitled to use the registered trademark symbol (the letter R within a circle).

    Michael

  7. #25
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    Thanks Gamtrak one way or another it will get fixed. I can't speak for lots0 but for myself this stuff drives me crazy. Because in the long run it affects us all in one way or another.

    So lets hope for the best!

    greek39

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  9. #26
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    Hi All,

    The problem as I see it is affiliate programs have had no choice but to place anti Spam policies into their T&C's.

    However actually doing something about it is another story.

    I'd like a dollar for every time I've had an affiliate manager tell me that these spammers don't make money...that's BS.

    Ironically in my seo capacity I've spoken (names with held due to confidentiality contract clauses) to many casino related marketing executives and the common denominator is that Spam most certainly works.

    Don't misunderstand me, I dislike Spam as much as anyone.

    But unfortunately some people don't bother to read web site Terms & Conditions. This is especially true on sites that offer free things that also offer newsletter subscriptions and such.

    Of course email also get pouched from casino databases (most probably from disgruntled sacked employees) and end up being sold too.

    The fundamental issue here however is emails that are not legitimate opt ins are being spammed.

    Point in question the give an excellent example.

    If person A signs up to site XYZ and in doing so provides XYZ with their email address, then these personal details should only ever be used by site XYZ for whatever purpose Person A agreed to their the use of.

    However, what's happening is site XYZ is using these details on their entire network of web sites and no disclosing this to Person A.

    Or worse site XYZ is then selling all emails collected on site XYZ to the highest bidder.

    A case such as this played out recently over on CasinoMeister. With non other than P4K Gaming... 

    http://www.casinomeister.com/forums/...nterested.html

    The thing is if people have not specifically requested information to be sent to them by XYZ then it is SPAM and the casino affiliate programs are IMHO in directly violation of their ant- Spam Terms & Conditions.

    Problem is in the industry, the only way the stuff like this is addresses is by webmasters boycotting guilty affiliate programs.

    I don't see that happening because it's people's livelihoods at stake here.



    Cheers



    Dave
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  11. #27
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    Your darn right Dave IMO!



    greek39

  12. #28
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    Quote Originally Posted by universal4 View Post
    EP_Mark,

    I wonder if you would answer the same way if the EuorPartners brand or their casino's brands were being damaged in the same way.

    "What if" the same scenario existed with YOUR brands and yet the traffic was being directed to a different brand?
    A valid point Rick - and you can just call me Mark btw

    I think the two scenarios are entirely different as EP have trademarked casinos and I'm not so sure going beyond that point would contribute anything meaningful to the thread.

    From an individual standpoint, I agree, if I were webmaster, I would be somewhat upset to see someone copying my name - the point I was making however to Gamtrak, is that she needs to consider the time and costs involved in pursuing this matter, and whether it would be worthwhile for her or not. Is the juice worth the squeeze? Well, that's her call in the end.

    Best of luck Gamtrak whichever choice you make!!

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  14. #29
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    Unfortunately, there has been a couple posts in this thread that evolved into a heated off-topic discussion. We've made a decision to move the posts out of this thread in the interest of keeping this thread on-topic and not so heated.

    The subject posts have been moved to a thread that has now been archived.

    So please, let's keep this thread on topic and calm from now on.

    Thanks,

    Michael
    Last edited by MichaelCorfman; 10 July 2009 at 5:39 pm. Reason: Removed link to thread moved to the archive
    GPWA Executive Director, Casino City CEO, Friend to the Village Idiot

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  16. #30
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    Quote Originally Posted by GamTrak View Post
    Thanks Michael,

    This is how I'm going to proceed! I really appreciate all of the advice you guys have provided!
    Robin, I would definitely get started first with what Michael suggested here but I would also look into getting an International Trademark as well since your intellectual property "GamTrak" also crosses international borders too.

    Here is a site you might want to check out too called "International Trademark Association" ... http://www.inta.org/

    ____
    ____

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  18. #31
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    Thank you very much for that information Rob as I feel it's an important task for me to do as well. I really appreciate it!

    Quote Originally Posted by TheGamblingGuru View Post
    Robin, I would definitely get started first with what Michael suggested here but I would also look into getting an International Trademark as well since your intellectual property "GamTrak" also crosses international borders too.

    Here is a site you might want to check out too called "International Trademark Association" ... http://www.inta.org/

    ____
    ____

  19. #32
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    Hi Guys,

    Since I'm going to get a Trademark under the catagory: software (working on the application and getting graphics ready) for the word GamTrak and logo, do I still need to buy up the gamtrak [extention domains] like: .com.uk, .info etc?

    I've been reading the application/paperwork (it's kind of long and confusing), but I want to be sure that I'm protected from others using the word gamtrak as a domain name by getting a trademark. It that right?

    I know that Dave has made this suggestion several times so I wanted to be sure I was covered there as well.

  20. #33
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    Hey Boss

    Don't forget what Michael said......just my 2 cents worth

    Quote Originally Posted by MichaelCorfman View Post
    Trademark registration is really very simple, and in my opinion, for a simple trademark word registration like you are discussing here, my recommendation would be to save the cost of an attorney and do it yourself.

    You'll want to register the word "Gramtrak" under class 41 which is the class used for trademarks related to both education and gambling.


    Once you have a registered trademark you can say "GamTrak is a registered trademark of company name". And at that time you are also entitled to use the registered trademark symbol (the letter R within a circle).

    Michael

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  22. #34
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    Quote Originally Posted by GamTrak View Post
    Hi Guys,

    Since I'm going to get a Trademark under the catagory: software (working on the application and getting graphics ready) for the word GamTrak and logo, do I still need to buy up the gamtrak [extention domains] like: .com.uk, .info etc?
    Hi Robin,

    I think if you're already doing the trademarking you should go the distance and at least buy out the significant domain extensions - I'm not sure who made it famous but "go big or go home" definitely applies here

    Congrats on the new business move, I'm sure after it's all been said and done you will sleep easier at night.

    Mark

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  24. #35
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    Quote Originally Posted by EP Mark View Post
    I'm not sure who made it famous but "go big or go home" definitely applies here
    Thanks Mark!

    I agree with that statement and will do my best to go as big as I can. hehe

    Hi Redbush!

    Thanks for the reminder!

  25. #36
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    Sorry i have not chimed in earlier, but i have gone down this road before.

    I only see trademark being discussed but I believe you live in USA. Have you looked into Servicemark? Your site is a service not a hard product ? Might do both..

    Lastly, i would also Copywright my logo. I would do all three, and have done so before. also, I noted you have some software coming out...You might be able to patent what you do to protect yourself from cloning of it...

    Yes, costs money ,so is up to you to decide if worth it.
    "CasinoJack"


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  27. #37
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    Thanks for the advice CJ!

    I scanned over the Servicemark stuff, but did not think it applied (it's so much to read) and will have to go back and review it. My goal is more for the software I guess.

    What I did with GamTrak Software is comparable to creating a web portal except in a database format that users download to their pc, so I'm wondering how (if at all) I can prevent others from doing the same thing??? Hard to imagine, but I can hope. hehe

    I'm almost back to wanting to just get a lawyer to do this for me as to not mess up since it's expensive and complicated, but I'm gonna continue to do the reseach, etc. myself for a bit longer. Just so many things going on.

    Quote Originally Posted by casinojack View Post
    Sorry i have not chimed in earlier, but i have gone down this road before.

    I only see trademark being discussed but I believe you live in USA. Have you looked into Servicemark? Your site is a service not a hard product ? Might do both..

    Lastly, i would also Copywright my logo. I would do all three, and have done so before. also, I noted you have some software coming out...You might be able to patent what you do to protect yourself from cloning of it...

    Yes, costs money ,so is up to you to decide if worth it.

  28. #38
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    Gamtrak,

    An update Google has taken partial action against the URL provided. They were DE-listed on Tuesday July 14/09, matter of time before all are DE-listed. Moving in on all their properties for spamdexing.

    They are operating on an in-house dedicated server located in the U.S.

    Just an update

    greek39

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  30. #39
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    Yes! I've noticed that slowly, but surely they are being wiped out!

    You have no idea how much time and effort your research and actions has saved me and I'm liking the results and appreciate it greatly!

    Thank you Peter!
    Quote Originally Posted by greek39 View Post
    Gamtrak,

    An update Google has taken partial action against the URL provided. They were DE-listed on Tuesday July 14/09, matter of time before all are DE-listed. Moving in on all their properties for spamdexing.

    They are operating on an in-house dedicated server located in the U.S.

    Just an update

    greek39

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  32. #40
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    Some really great advice and help here for GamTrak and all of us.

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