GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Twistys abusing ICANN policies and pushing people around?

PornMD · 03-02-2009, 02:58 PM

Registration date and even trademark date isn't as important as USAGE.

"What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark."

Arguably, since "tube" isn't yet technically considered a generic term referring to a website with videos on it, YouTube could have the jump on all sites with "tube" in them that are operating a similar style video site because such sites are piggybacking on the popularity of YouTube, which has had common law trademark rights since its first usage of YouTube as a video site. From the looks of things, SexTube was still under construction in at least part of 2006 while YouTube was very much in use as a video site.

All that said, given SexTube's usage began before HardSexTube and they are trademarked, they probably will win. But if I were them or any other tube site with "tube" or possibly even "you" in the name, I would not be surprised if sometime in the future, YouTube knocks on their door. Google has bullied others out of their domains/sites before and will gladly do it again with their ridiculous amount of lawyers/money.

What I don't get are people that support copyright infringement but not trademark infringement or vice versa. I don't think Shap would look bad at all in this thread if he wasn't supporting tube sites with stolen content or had typo domains. There's a difference between protecting your trademark/wanting law upheld and thinking law should only apply to you when you can benefit from it and not when you're breaking it or supporting those that break it. You can do whatever you want, but don't be surprised when others don't take kindly to it.

03-02-2009, 02:58 PM
PornMD Mainstream Businessman Industry Role: Join Date: Jan 2007 Location: San Diego Posts: 9,291	Registration date and even trademark date isn't as important as USAGE. "What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark." Arguably, since "tube" isn't yet technically considered a generic term referring to a website with videos on it, YouTube could have the jump on all sites with "tube" in them that are operating a similar style video site because such sites are piggybacking on the popularity of YouTube, which has had common law trademark rights since its first usage of YouTube as a video site. From the looks of things, SexTube was still under construction in at least part of 2006 while YouTube was very much in use as a video site. All that said, given SexTube's usage began before HardSexTube and they are trademarked, they probably will win. But if I were them or any other tube site with "tube" or possibly even "you" in the name, I would not be surprised if sometime in the future, YouTube knocks on their door. Google has bullied others out of their domains/sites before and will gladly do it again with their ridiculous amount of lawyers/money. What I don't get are people that support copyright infringement but not trademark infringement or vice versa. I don't think Shap would look bad at all in this thread if he wasn't supporting tube sites with stolen content or had typo domains. There's a difference between protecting your trademark/wanting law upheld and thinking law should only apply to you when you can benefit from it and not when you're breaking it or supporting those that break it. You can do whatever you want, but don't be surprised when others don't take kindly to it. __________________ Want to crush it in mainstream with Facebook ads? Hit me up. Last edited by PornMD; 03-02-2009 at 03:01 PM..