Quote:
Originally Posted by Fatbat
Let's see...
Paypal sucks... legitimate beef site with no monetization protected by the first amendment.
ebay sucks... the same
AOL sucks... owned by AOL
Yahoo sucks, another beef site, with monetization. Only a matter of time before they lose the domain.
Actually I was going to write about "sucks" sites but I didn't want to waste my breath and, quite frankly, those are piss poor examples. It's obvious these are protected under the 1st as long as you are making an editorial statement and don't MONETIZE them. Clearly AOL schooled someone at some point though. Yahoo is on it's way. The other two are walking that fine line.
Nice try dude, but pretty weak.
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There are plenty more...
Ford has trademarks on "SVT" which is a performance division of Ford.
SVTPerformance.com - Lots of traffic, earns decent income.
Ford wanted to seize the domain and SVTperformance to pay a hefty fine.
Judge ruled that SVTperformance put a disclaimer saying they're in no way affiliated with Ford, and not to use any trademarked logos, or photos which may confuse the public into thinking it's a subsidiary of Ford. Ford Lost.
There are plenty of small cases with Ebay as well where people used the term, "bay" and kept their domains despite legal action.
Let it be known I'm not against what Shap has done here, he has a trademark and if his lawyers feel he needs to take legal action to protect his interests then so be it.
However, I don't feel he has a real legal case against hardsextube.com. He might get a bunch of other related domains simply because people will surrender them to avoid legal action, but that would be the extent of it unless someone is deliberately violating his trademark and intellectual property rights.
Here is what I think..
Hardsextube is a one word domain, so technically it doesn't have the trademarked term, "sextube" in it by itself. Regardless of that, since there are thousands of adult tube sites, the judge will see the term sex used in an adult tube site as generic.
Hardsextube doesn't use any logos, text, banners, design, etc from sextube in an attempt to clone Sextube.com or confuse people into thinking it's sextube which may tarnish it's reputation or control of quality.
Hardsextube doesn't promote twistys sponsored content like sextube, it's an online adult tube site like many others out there with general content. While still an adult site, it's source of income isn't in direct competition with sextube.com
Hardsextube is a long established site with trademarks in it's own country, it also currently has a lot more traffic coming in and always has had more traffic than sextube.com. In other words, it didn't "steal" away traffic from sextube.com in order to get established.
