Quote:
Originally Posted by Atticus
This thread is humorous.
Yes SexTube is a brand and Shap has every right to protect his brand. Just because his brand is piggybacking off of the popularity of a much larger mainstream brand doesnt make his trademark any less enforceable.
It doesnt matter that the two words together are generic. Try registering collegefacebook.com and see how it goes.
It doesnt really matter if he is enforcing the trademark because he wants the traffic of the larger site or if he wants to limit confusion of his branding efforts to that of a site that offers full length videos and questionable content. He had the vision as a successful businessman and its his legal right to do what he pleases. The only thing he needs to weigh is if this legal course of action will cost him more affiliate business elsewhere thus negating the positive benefits of enforcing his trademark. (I seriously doubt it)
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I agree with this too. I don't understand why people are getting bent out of shape over him protecting his brand. That doesn't mean he will win in court though.
If this goes to court, the owner of hardsextube will simply argue that his site is one of many online pornographic tube sites and in no way is intended to mimic or infringe on sextube's intellectual property.
The only other case scenario of sextube winning an injunction is if a judge feels hardsextube.com has the potential of confusing the public into somehow being affiliated with sextube.com.