Quote:
Originally Posted by Shap
If you ever met me you'd know I'm not the type of guy to steal something from someone else. I built my empire from the ground up and I don't plan on changing that any time soon. I'm just looking to protect my entities.
|
Shap, there is nothing wrong with protecting your marks and entities.
However when it comes to descriptive marks such as sextube and gaytube
You have decades of legal precedents working against you.
There is a ton of cases dealing with descriptive marks and owners trying to protect them.
And in every case the courts have said it nearly every time.
- "its your bad" that you chose common words for your brand.
- Its your bad that your brand consists of descriptive terms.
- AND they've consistently ruled that simply having a descriptive term as your TM or your brand DOES not automatically give you all the exclusive rights to that term.
and most importantly you need to prove beyond the shadow of doubt that somehow your descriptive marks have some how now acquired a secondary meaning and have become so distinctive that when one thinks of words "sex" and "tube" they think of your sites and not another site that depicts the acts of sex.
Hope this makes sense and saves you a ton of headaches and legal fees and your image as well.
ps. i'm not an attorney, i only play one on late night TV, lmk where to send an invoice for my legal advise.