Quote:
Originally Posted by Kenny B!
Not so... Kick Ass Pictures came after us for running MGP's on KickAssGalleries.com and KickAssPornstars.com, loooong story short, they lost.
I like the guys at Kink so this isn't directed at them, it's just a fact in the world of domains... Infringing domains litigation doesn't go to court, so threatening "legal action" is a scare tactic. The only way to get a domain from someone infringing on a trademark is opening up an ICAAN arbitration case. Doing this costs the company/individual to file, it was $1600 many years ago, not sure what it is now and to defend yourself it's free.
When you add up the cost of the lawyer to draw up their case and the ICAAN fee's it's probably a $5k ordeal to get that domain should they win.
I'm sure if you are ripping off a site and content as in the brazzers.to case you will get sued and it will go to court. But having a domain with a trademark in it and not infriging on copyright is handled by ICAAN.
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also the zillions of examples of this happening every day in all sorts of industries