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Old Sep 22, 2017, 4:05 pm
  #1  
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Scam website posing as DL and collecting pet transport fees

http://www.startribune.com/delta-web...ets/446862953/

And... no MQDs.
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Old Sep 22, 2017, 4:09 pm
  #2  
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(removed since after about 40 minutes on hold, I got thru to reservations & they gave me an email to send it to)

Last edited by MikeMpls; Sep 22, 2017 at 4:26 pm
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Old Oct 18, 2017, 11:55 pm
  #3  
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I can't believe this web site is still online.

I was able to figure out where the site is hosted within a couple minutes of reading the base post & article. Although its web pages are obfuscated through CloudFare, it also uses IP addresses 66.45.255.123 and 104.218.54.37, both of which belong to Interserver, Inc., of Secaucus, New Jersey.

Reservations declined to take down & forward my info. I emailed three email addresses within Delta, including the one reservations insisted I send to.

27 days later the site is still online. Is Delta's legal team on par with Delta's IT?
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Old Oct 19, 2017, 12:14 am
  #4  
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Originally Posted by MikeMpls
I can't believe this web site is still online.

I was able to figure out where the site is hosted within a couple minutes of reading the base post & article. Although its web pages are obfuscated through CloudFare, it also uses IP addresses 66.45.255.123 and 104.218.54.37, both of which belong to Interserver, Inc., of Secaucus, New Jersey.

Reservations declined to take down & forward my info. I emailed three email addresses within Delta, including the one reservations insisted I send to.

27 days later the site is still online. Is Delta's legal team on par with Delta's IT?
Even if they started the ball on day 1, there's nothing legally DL can do without a court order. Not sure how you think these things work.
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Old Oct 19, 2017, 9:53 am
  #5  
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https://equifaxfraudprevention.com/

I cant believe this site is online still too!!!!

(You get the joke if you watch Last Week Tonight)
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Old Oct 19, 2017, 10:38 am
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They have a DL 747!

What's also crazy is the spelling errors. The title element on the page says it "Delalta" Pet Transit, so many elements on the page are broken. They make the Big D's IT look fantastic!

Last edited by hi55us; Oct 19, 2017 at 10:50 am
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Old Oct 19, 2017, 3:11 pm
  #7  
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Originally Posted by flyerCO
Even if they started the ball on day 1, there's nothing legally DL can do without a court order. Not sure how you think these things work.
They can issue DMCA takedown notices both through Cloudfare and directly to the internet provider. Working through Cloudfare takes half a week to a week. Failure to respond leaves the ISP and/or Cloudfare liable for the damages.

Odds are that the site is violating the TOS of the internet provider, and would be shut down if the violations were pointed out to the ISP.

2-3 years ago I participated in an attempt to shut down a revenge-porn site. We didn't succeed 100%, but we got it moved from ISP to ISP (losing a lot of their secondary content in the process) until they ended up at an offshore ISP, and we got it booted from all the good ad programs.
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Old Oct 19, 2017, 4:19 pm
  #8  
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Originally Posted by MikeMpls
They can issue DMCA takedown notices both through Cloudfare and directly to the internet provider. Working through Cloudfare takes half a week to a week. Failure to respond leaves the ISP and/or Cloudfare liable for the damages.

Odds are that the site is violating the TOS of the internet provider, and would be shut down if the violations were pointed out to the ISP.

2-3 years ago I participated in an attempt to shut down a revenge-porn site. We didn't succeed 100%, but we got it moved from ISP to ISP (losing a lot of their secondary content in the process) until they ended up at an offshore ISP, and we got it booted from all the good ad programs.
DMCA? How does that apply in this case? This case isn't about violating law by providing access to copyrighted material.

Last edited by flyerCO; Oct 19, 2017 at 4:25 pm
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Old Oct 19, 2017, 4:24 pm
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Originally Posted by flyerCO
DMCA? How does that apply in this case? This isn't about copyright infringement of digital media.
It is clearly copyright infringement.

The site uses delta in the name, which would be OK. But they include a logo that is a near perfect clone of Delta's and pictures of DL planes.

Overlapping names can be allowed without being infringement, but this is clear intent to deceive the customer into seeing it as Delta Air Lines.
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Old Oct 19, 2017, 4:33 pm
  #10  
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Originally Posted by exwannabe
It is clearly copyright infringement.

The site uses delta in the name, which would be OK. But they include a logo that is a near perfect clone of Delta's and pictures of DL planes.

Overlapping names can be allowed without being infringement, but this is clear intent to deceive the customer into seeing it as Delta Air Lines.
However that's not a DMCA case. You're confusing tradematk with copyright. The logos are trademarks of Delta.
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Old Oct 19, 2017, 4:44 pm
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Originally Posted by flyerCO
However that's not a DMCA case. You're confusing tradematk with copyright. The logos are trademarks of Delta.
Damn, your right. Learn something new every day.
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Old Oct 19, 2017, 6:00 pm
  #12  
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Images and reproductions (e.g. the photo of the Delta logo -- the artwork belongs to Delta) can be copyrighted.

Can the owner of that photo of 747 S/N 6303 be identified?

What are the odds that the fraudsters will sue for a false DMCA claim? The purpose is to break through the obfuscation and find out who is reponsible for the web site. Then the real lawsuit (likely not involving DMCA) can begin.
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Old Oct 19, 2017, 6:14 pm
  #13  
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Originally Posted by MikeMpls
Images and reproductions (e.g. the photo of the Delta logo -- the artwork belongs to Delta) can be copyrighted.

Can the owner of that photo of 747 S/N 6303 be identified?

What are the odds that the fraudsters will sue for a false DMCA claim? The purpose is to break through the obfuscation and find out who is reponsible for the web site. Then the real lawsuit (likely not involving DMCA) can begin.
An actual photo that contains the logo can be copyrighted. However it is the photo, not the logo that would be copyrighted.

The logo itself is only protected by trademark.

As for the 747 photo, unless DL owns the copyright it doesn't have grounds to ask it be removed. Even if it did, all they would remove is the picture.
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Old Oct 19, 2017, 6:17 pm
  #14  
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Originally Posted by flyerCO
An actual photo that contains the logo can be copyrighted. However it is the photo, not the logo that would be copyrighted.

The logo itself is only protected by trademark.

As for the 747 photo, unless DL owns the copyright it doesn't have grounds to ask it be removed. Even if it did, all they would remove is the picture.
But the purpose, which you seem intent on ignoring, is to find out who is behind the site so they can get it shut down.

747 S/N 6303 was retired in 2015, and the site has a Copyright 2015 notice. Has it really been sitting on the internet & defrauding people for 2 years?
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Old Oct 20, 2017, 10:47 am
  #15  
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Originally Posted by exwannabe
It is clearly copyright infringement.

The site uses delta in the name, which would be OK. But they include a logo that is a near perfect clone of Delta's and pictures of DL planes.

Overlapping names can be allowed without being infringement, but this is clear intent to deceive the customer into seeing it as Delta Air Lines.
IANAL but wouldn't that be trademark infringement rather than copyright (or patent since we're talking intellectual property) infringement?
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