Quote:
Originally Posted by Fatbat
It doesn't have to, only the domain registration does. If the domain was registered before that trademark was filed, this is a case of reverse hijacking, plain and simple.
One only needs to look at WIPO case history to see that you really don't know what the fuck you are talking about.
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I agree but appears as if sextube.com was also registered before hardsextube.com was.
This is just a shitty situation, because I can totally sympathize with hardsextube.com owner here. I'm almost positive he was in no way intending to infringe on any trademarks. In fact, his site seems to have been live long before Shap's was even if Shap's was registered first.
It probably doesn't help that the owner of hardsextube.com is responding with things like "The law is the law" and "DMCA" to people.
How do domain disputes really work? Do they question if a trademark will hold up in court? I would expect it's simpler than that. I wouldn't be too surprised if Shap could win in a domain dispute.
If everything is as it appears and his domain registration and trademark both predate hardsextube.com then that might just be enough. It's possible that what hardsextube.com would have to do is first challenge the Trademark, then respond to the domain dispute that the trademark had been quashed and thus argue Shap has no recourse.
I don't know though, I'm just thinking out loud.