Manwin Demands ICM Prevent .XXX Exploitation - Page 2 - GoFuckYourself.com

spazlabz · 07-05-2011, 05:30 PM

Quote:

Originally Posted by Nathan

Baddog, the point is making sure nobody can misuse my trademarks.. If that causes an issue for icm, what the fuck do I care? Did they ask me before inventing .xxx?

I honestly hope you continue to reply in this thread. I think what you are doing is very interesting and would definitely weigh your opinion heavily

here is a question: you are protecting your trademarked properties with this demand, are you ready to take it to court if necessary?

follow up: If so could you foresee a class action suit?

spazlabz · 07-05-2011, 05:32 PM

Quote:

Originally Posted by Brujah

All new TLDs go through these same issues during their sunrise periods. You apply for the names you're interested in to protect your marks, just like anyone else.

this is an sTLD though and I think that may be an important distinction since it purports to represent the sponsoring community of which Manwin is a substantial member

Caligari · 07-05-2011, 05:38 PM

Quote:

Originally Posted by Brujah

All new TLDs go through these same issues during their sunrise periods. You apply for the names you're interested in to protect your marks, just like anyone else.

right, you should just bend over and let any company ass fuck you and extort money out of you in order to protect your trademarked domains. what a load of shit.

moot point though as the "sunrise" has happened and the sun is already setting on .XXX

Nathan · 07-05-2011, 05:53 PM

Quote:

Originally Posted by Brujah

All new TLDs go through these same issues during their sunrise periods. You apply for the names you're interested in to protect your marks, just like anyone else.

.Co, .biz and so on is not a Tld targeted to my industry

u-Bob · 07-05-2011, 05:55 PM

Quote:

Originally Posted by Nathan

We are not asking for the domains for free. This is in the letter in case they for some reason can not block it, we want them to block them by registering them. We wil not use the domains. They are a useless hassle.

BFT3K · 07-05-2011, 05:57 PM

Quote:

Originally Posted by Nathan

.Co, .biz and so on is not a Tld targeted to my industry

Right, For YOUR business you need a whole new extension, like maybe .theft, or .leach

u-Bob · 07-05-2011, 06:02 PM

Quote:

Originally Posted by baddog

If they do it for Manwin, wouldn't they have to do it for

Exactly the point several people have been making over the past couple of weeks. The ICM has put a system in place to prevent trademarked terms from being registered as .xxx. The problem is that they are charging $200 or $300 per domain to do this. So by their own actions the ICM has admitted that:
- they are aware of the fact that their new tld might be used to infringe on people's trademarks.
- they have the technical means to prevent this abuse from happening.
- they will assist people in violating your tm's unless you pay them $200 or $300.

time to write some letters

alias · 07-05-2011, 06:22 PM

Quote:

Originally Posted by Nathan

We are not asking for the domains for free. This is in the letter in case they for some reason can not block it, we want them to block them by registering them. We wil not use the domains. They are a useless hassle.

Stick to your word on this and people will be impressed.

AzteK · 07-05-2011, 06:22 PM

?The misuse of our intellectual property will not be tolerated,? Thylmann said.

Ironic.

Qbert · 07-05-2011, 06:27 PM

Quote:

Originally Posted by Nathan

The misuse of our intellectual property will not be tolerated.

Too bad Manwin doesn't have the same respect for the intellectual property of others that it expects others to show for theirs.

porno jew · 07-05-2011, 06:32 PM

i will take money from icm, and defend them, and neither i or my employer will acknowledge it, because if i do i will ostracized,

signed

poser faggot.

Caligari · 07-05-2011, 06:37 PM

Quote:

Originally Posted by Jesus H Christ

Brujah nailed it. This was explained in detail in the Ynot panel video. I found the article pointless, accept for the fact Manwin was covering their own ass as they try for a positive spin to better their own negative image.

I can not understand why people keep feeding ICM with more exposure because they have clearly laid out their game plan. Again, you don't judge exposure for success, you weigh it. All you people are doing is driving more new clients their way when you show potential concern.

How do you get positive spin for Manwin out of this? This article doesn't change my views on Manwin one bit, their actions simply further expose the .XXX travesty.

I am sure most see it this way.

How you think it could send more people running to register .XXX domains defies logic.

Brujah · 07-05-2011, 06:38 PM

Quote:

Originally Posted by Nathan

.Co, .biz and so on is not a Tld targeted to my industry

And your trademarks on generic ".XXX" related terms may not have the same value in the new sTLD.

baddog · 07-05-2011, 06:41 PM

Quote:

Originally Posted by u-Bob

Exactly the point several people have been making over the past couple of weeks. The ICM has put a system in place to prevent trademarked terms from being registered as .xxx. The problem is that they are charging $200 or $300 per domain to do this. So by their own actions the ICM has admitted that:
- they are aware of the fact that their new tld might be used to infringe on people's trademarks.
- they have the technical means to prevent this abuse from happening.
- they will assist people in violating your tm's unless you pay them $200 or $300.

time to write some letters

What other registry offers this option?

Quote:

Originally Posted by alias

Stick to your word on this and people will be impressed.

Agreed

Quote:

Originally Posted by porno jew

i will take money from icm, and defend them, and neither i or my employer will acknowledge it, because if i do i will ostracized,

signed

poser faggot.

You have been talking a lot of shit over the last few days. Why don't you jump out from behind your fake nick and start naming names?

TheSquealer · 07-05-2011, 06:45 PM

Quote:

Originally Posted by Brujah

And your trademarks on generic ".XXX" related terms may not have the same value in the new sTLD.

thats not an argument anymore than arguing that microsoft.org has "less value" than microsoft.com. infringement is infringement...end of story. its not about what could be argued to be the value of a domain at all. you should know that Manwin is entitled to statutory damages - 100k per instance (maximum), i believe. the value of the domain is irrelevant.

further, registrars agree all the time to block TM domains from being registered.

Brujah · 07-05-2011, 06:52 PM

Quote:

Originally Posted by TheSquealer

thats not an argument anymore than arguing that microsoft.org has "less value" than microsoft.com. infringement is infringement...end of story. its not about what could be argued to be the value of a domain at all. you should know that Manwin is entitled to statutory damages - 100k per instance (maximum), i believe. the value of the domain is irrelevant.

further, registrars agree all the time to block TM domains from being registered.

You're confused.

Microsoft isn't a generic term. Porn, sex, xxx, tube, etc.. are.

porno jew · 07-05-2011, 06:52 PM

why do defensive? wasn't talking about baddog.

don't feel so guilty.

baddog · 07-05-2011, 06:58 PM

Quote:

Originally Posted by porno jew

why do defensive? wasn't talking about baddog.

don't feel so guilty.

Defensive? Guilty? Not in the least. I have just noticed you talking like you know something, so why be so secretive? Spill it.

porno jew · 07-05-2011, 06:58 PM

the only "shit" i have been taking is that some people are not being upfront about their connections to icm/xxx.

odd that you would come to the conclusion i was talking about you.

Barry-xlovecam · 07-05-2011, 07:02 PM

If ICM caves in this would open the floodgates but I can't see their legal liability in this. A likely outcome might be some bulk pricing for defensive registrations of exclusions ...

TheSquealer · 07-05-2011, 07:04 PM

Quote:

Originally Posted by Brujah

You're confused.

Microsoft isn't a generic term. Porn, sex, xxx, tube, etc.. are.

You're confused. We are talking about trademarks right? Trademarks are trademarks. They are taking action to protect their marks. There is no argument to be made that a trademark domain has lessor value because its a different TLD. Either it can be successfully argued that it infringes on their mark, or it can't. Value of the domain has nothing to do with it... only the value of the trademark matters.

Brujah · 07-05-2011, 07:12 PM

Quote:

Originally Posted by TheSquealer

You're confused. We are talking about trademarks right? Trademarks are trademarks. They are taking action to protect their marks. There is no argument to be made that a trademark domain has lessor value because its a different TLD. Either it can be successfully argued that it infringes on their mark, or it can't. Value of the domain has nothing to do with it... only the value of the trademark matters.

You're even more confused about trademarks than you are about domain names. TM's aren't exclusive and all-inclusive. Do your homework. I suggest looking over the WIPO cases where many claims of infringement by TM holders are on the losing side, because the mark alone wasn't evidence of infringement. Generic porn terms may not carry the same weight in the .XXX sTLD. Consider the guy with a TM for 'XXX' for example. Like I said, generics are a little different.

Brujah · 07-05-2011, 07:17 PM

Quote:

Originally Posted by TheSquealer

You're confused.

Oh, and your mom is confused too.

baddog · 07-05-2011, 07:20 PM

Quote:

Originally Posted by porno jew

the only "shit" i have been taking is that some people are not being upfront about their connections to icm/xxx.

odd that you would come to the conclusion i was talking about you.

Odd that you think I think you are talking about me. I had a feeling you were talking shit just like that u-bob character. If you [or him] knew anything I doubt you would hold back.

baddog · 07-05-2011, 07:20 PM

Quote:

Originally Posted by Barry-xlovecam

If ICM caves in this would open the floodgates but I can't see their legal liability in this. A likely outcome might be some bulk pricing for defensive registrations of exclusions ...

That makes sense.

Brujah · 07-05-2011, 07:21 PM

Quote:

Originally Posted by baddog

Odd that you think I think you are talking about me. I had a feeling you were talking shit just like that u-bob character. If you [or him] knew anything I doubt you would hold back.

Are you involved with ICM in any way?

baddog · 07-05-2011, 07:24 PM

Quote:

Originally Posted by Brujah

Are you involved with ICM in any way?

Nope . . .

TheSquealer · 07-05-2011, 07:32 PM

Quote:

Originally Posted by Brujah

You're even more confused about trademarks than you are about domain names. TM's aren't exclusive and all-inclusive. Do your homework. I suggest looking over the WIPO cases where many claims of infringement by TM holders are on the losing side, because the mark alone wasn't evidence of infringement. Generic porn terms may not carry the same weight in the .XXX sTLD. Consider the guy with a TM for 'XXX' for example. Like I said, generics are a little different.

What is it that you don't get about my english? I thought I was pretty good at it. Guess not. Phrases like "either it can be successfully argued or it can't" and so on seemed to be clear to me as I typed them.

I was addressing your wrong notion of the "value" of an infringing domain as being relevant in a trademark infringement lawsuit. It's not relevant at all. The value of the mark itself is relevant and either the domain is found to be infringing or its not.

Furthermore, a civil suit for trademark infringement has NOTHING to do with the WIPO.

I wasn't saying anything at all about RARE cases of generics. Last i checked, Manwin doesn't own porn.com, sex.com, xxx.com etc. Not even sure why you think I am talking about that when I clearly am not and continue to say i'm not... I am talking about Manwin simply protecting their marks.

alias · 07-05-2011, 07:32 PM

I am involved with telling ICM to eat a bowl of dicks.

SlammedMedia · 07-05-2011, 07:35 PM

This coming from a guy who steals other webmasters content and profits from it, what a joke.

The Porn Nerd · 07-05-2011, 07:36 PM

I do not trust .xxx
Something else going on there
something sinister

Brujah · 07-05-2011, 07:50 PM

Quote:

Originally Posted by baddog

Nope . . .

This should be good enough for anyone who might have been wondering. Baddog isn't the kind of guy to answer directly with a lie. He'd be more inclined to avoid the answer, or if he was involved, he'd defend his relationship to ICM.

baddog · 07-05-2011, 07:51 PM

Quote:

Originally Posted by Brujah

This should be good enough for anyone who might have been wondering. Baddog isn't the kind of guy to answer directly with a lie. He'd be more inclined to avoid the answer, or if he was involved, he'd defend his relationship to ICM.

I read this out loud to goodgirl. She laughed and said, "yep."

InfoGuy · 07-05-2011, 08:25 PM

Quote:

Originally Posted by Nathan

Baddog, the point is making sure nobody can misuse my trademarks.. If that causes an issue for icm, what the fuck do I care? Did they ask me before inventing .xxx?

So where does that leave your new acquisitions from Twistys - SexTube.com and GayTube.com? Both domains would likely be considered generic terms and not eligible for trademark protection. Therefore, they can't be registered during the .XXX Sunrise period and they can't be permanently blocked by paying ICM Registry's one-time fee. Prior to your ultimatum, the most likely scenario would've been ICM Registry auctioning off the domains to the highest bidder.

porno jew · 07-05-2011, 08:33 PM

Quote:

Originally Posted by baddog

Nope . . .

you friends with anyone associated with ics/xxx?

InfoGuy · 07-05-2011, 08:35 PM

Quote:

Originally Posted by TheSquealer

thats not an argument anymore than arguing that microsoft.org has "less value" than microsoft.com. infringement is infringement...end of story. its not about what could be argued to be the value of a domain at all. you should know that Manwin is entitled to statutory damages - 100k per instance (maximum), i believe. the value of the domain is irrelevant.

further, registrars agree all the time to block TM domains from being registered.

According to S.1255 -- Anticybersquatting Consumer Protection Act, which was passed as a U.S. law, the penalty for willful registration or use of a trademark in a domain is subject to a judgment of up to $300k per infringing domain plus legal fees.

Quote:

SEC. 3. TRADEMARK REMEDIES.

(a) RECOVERY FOR VIOLATION OF RIGHTS- Section 35 of the Act entitled `An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946, (commonly referred to as the `Trademark Act of 1946') (15 U.S.C. 1117) is amended by adding at the end the following:

`(d)(1) In this subsection, the term `Internet' has the meaning given that term in section 230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)).

`(2)(A) In a case involving the registration or use of an identifier described in subparagraph (B), the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits under subsection (a)--

`(i) an award of statutory damages in the amount of--

`(I) not less than $1,000 or more than $100,000 per trademark per identifier, as the court considers just; or

`(II) if the court finds that the registration or use of the registered trademark as an identifier was willful, not less than $3,000 or more than $300,000 per trademark per identifier, as the court considers just; and

`(ii) full costs and reasonable attorney's fees.

InfoGuy · 07-05-2011, 08:45 PM

I'm not a lawyer, but Manwin probably can't get U.S. trademark protection for brands such as JugFuckers, Big Tits at Work / at School / In Sports / In Uniform, Jizz on my Jugs, et al, due to the scandalous clause I've brought up in other recent ICM Registry / .XXX threads. In that case, Manwin would likely be forced to pony up money to bid at auction to protect these brands and pay the annual .XXX renewal fees.

baddog · 07-05-2011, 08:46 PM

Quote:

Originally Posted by porno jew

you friends with anyone associated with ics/xxx?

I hide nothing. Now, why don't you do the same? Too paranoid from the drug use?

porno jew · 07-05-2011, 08:49 PM

Quote:

Originally Posted by baddog

I hide nothing. Now, why don't you do the same? Too paranoid from the drug use?

post proof i am on drugs or ban.

baddog · 07-05-2011, 08:51 PM

Quote:

Originally Posted by porno jew

post proof i am on drugs or ban.

Go for it.

NewbieNudes · 07-05-2011, 08:52 PM

Quote:

Originally Posted by Nathan

We are not asking for the domains for free. This is in the letter in case they for some reason can not block it, we want them to block them by registering them. We wil not use the domains. They are a useless hassle.

This is great news, well played Manwin.

When large sites don't show up on .xxx that prevents the surfer being mislead that "all good porns sites are on .xxx".

I think it's vitally important, that even those that do succumb to buying their .xxx name equivlent don't use it, so the adult center of gravity never shifts to .xxx.

Caligari · 07-05-2011, 10:25 PM

Quote:

Originally Posted by Jesus H Christ

Seriously? Wake up because you can't be that naive? Manwin, uses Xbiz as a tool to release a statement that Manwin will not have their intellectual property infringed. Then manwin themselves, uses safe-harbor to infringe on content owners intellectual property as content is uploaded to their tubes as they profit until the content owner notifies them to take it down.

ICM is doing the same fucking thing Manwin is doing, accept with domains and exchange the world safeharbor with sunrise. As mentioned, ICM has put a system in place to prevent trademarked terms from being registered as .xxx. Does Manwin have a system in place to insure content owners intellectual property does not get uploaded? Yes, it called a DMCA notice.

You've just contradicted your own statement. You have just stated what everyone thinks about Manwin and .XXX so how you think any kind of "positive spin" charade is going to work DEFIES LOGIC.

People see through this shit and no amount of PR is going to change that. We know what Manwin does and we sure as hell know what ICM is up to.

You do. You just said it, and I know what you just said so back to the original point.
NO this is not going to send clients streaming to ICM.

Any amount of exposure for ICM on this board is going to draw the same conclusions.
Why?
Because its the TRUTH.

The Porn Nerd · 07-05-2011, 10:36 PM

Manwin is smart. Getting behind .xxx would just make them vulnerable to seclusion.

NewNick · 07-06-2011, 01:39 AM

Quote:

Originally Posted by Nathan

.Co, .biz and so on is not a Tld targeted to my industry

My industry ?

I think this is a cue for a Freudian Slip joke

Two men are talking in the bar sharing their sob stories.

One man says, "I had the worst Freudian Slip the other day."

The other man responds, "What is a Freudian Slip?"

"You know, it's when you mean to say one thing, but you say something else that reveals what you are really thinking about. Like the other day I was at the airport and this really beautiful lady was helping me. Instead of asking her for 'two tickets to Pittsburgh', I asked her for 'to Pickets to Tittsburgh."

he second replies, "Oh, now I know what you are talking about. It's like the other day when I was having breakfast with my wife. I wanted her to pass me the Orange Juice, and instead I said, "YOU RUINED MY LIFE!"

InfoGuy · 07-06-2011, 02:32 AM

Quote:

Originally Posted by Jesus H Christ

Brujah nailed it. This was explained in detail in the Ynot panel video. I found the article pointless, accept for the fact Manwin was covering their own ass as they try for a positive spin to better their own negative image.

I can not understand why people keep feeding ICM with more exposure because they have clearly laid out their game plan. Again, you don't judge exposure for success, you weigh it. All you people are doing is driving more new clients their way when you show potential concern.

You seem to be convinced that all publicity is good publicity for ICM Registry / .XXX. If their evil intentions are exposed, so that more potential buyers steer clear of them, how is that beneficial to them?

If the Food and Drug Administration says there's been an huge outbreak of e. coli poisoning at McDonalds, and news agencies across the world are disseminating that information to the masses, is that supposed to cause a surge of customers to go buy Big Macs?

JFK · 07-06-2011, 02:36 AM

this is still going ?

Black All Through · 07-06-2011, 03:15 AM

Quote:

Originally Posted by Caligari

Whatever one thinks of Manwin they definitely have the $$ to really fuck with .XXX which is good.
Kind of like Jason Vs. Freddy;)

nico-t · 07-06-2011, 03:29 AM

can we discuss the number and place of toilets in the Manwin headquarters again? The last thread about it didn't really have a clear outcome.

Nathan · 07-06-2011, 03:45 AM

Quote:

Originally Posted by Jesus H Christ

ICM is doing the same fucking thing Manwin is doing, accept with domains and exchange the world safeharbor with sunrise. As mentioned, ICM has put a system in place to prevent trademarked terms from being registered as .xxx. Does Manwin have a system in place to insure content owners intellectual property does not get uploaded? Yes, it called a DMCA notice.

The system we have in place is called Vobile. Also, safe harbor and sunrise is hardly the same thing. BTW, using infringing, stealing and safe harbor or dmca in the same sentence makes little sense. Just shows how little you understand this.

MaDalton · 07-06-2011, 04:32 AM

Quote:

Originally Posted by pornopete

Its about principle

your irony detector is broken...

07-05-2011, 06:22 PM	#59
AzteK Confirmed User Industry Role: Join Date: Feb 2001 Location: Northern Cali, USA Posts: 3,439	?The misuse of our intellectual property will not be tolerated,? Thylmann said. Ironic. __________________ WANTED: Buying Blog Posts and Links

07-05-2011, 07:32 PM	#79
alias aliasx Join Date: Apr 2001 Posts: 19,010	I am involved with telling ICM to eat a bowl of dicks. __________________ https://porncorporation.com

07-05-2011, 07:35 PM	#80
SlammedMedia Confirmed User Industry Role: Join Date: Apr 2008 Posts: 1,573	This coming from a guy who steals other webmasters content and profits from it, what a joke. __________________ ICQ: 350-260-628

07-05-2011, 07:36 PM	#81
The Porn Nerd Living The Dream Industry Role: Join Date: Jun 2009 Location: Inside a Monitor Posts: 19,496	I do not trust .xxx Something else going on there something sinister __________________ My Affiliate Programs: Porn Nerd Cash \| Porn Showcase \| Aggressive Gold Over 90 paysites to promote! Skype: peabodymedia

07-05-2011, 08:45 PM	#87
InfoGuy 80/20 Rule Industry Role: Join Date: Apr 2010 Location: Los Angeles Posts: 3,051	I'm not a lawyer, but Manwin probably can't get U.S. trademark protection for brands such as JugFuckers, Big Tits at Work / at School / In Sports / In Uniform, Jizz on my Jugs, et al, due to the scandalous clause I've brought up in other recent ICM Registry / .XXX threads. In that case, Manwin would likely be forced to pony up money to bid at auction to protect these brands and pay the annual .XXX renewal fees. __________________ Support American Heroes \| How Bad is My Batch? \| Vaccine Deaths & Adverse Reactions \| Free Speech Coalition \| <WARNING> ePayService / Guerra Capital, INC / MTACC payments \| Flirt4Free Fucks their Affiliates \| Don't do business with piece of shit Andy Alvarez from Webmaster Central / VR3000, who said: "If it was up to me, they would have shot all 30,000 of those country loving shitheads"

07-05-2011, 06:32 PM	#61
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	i will take money from icm, and defend them, and neither i or my employer will acknowledge it, because if i do i will ostracized, signed poser faggot.

07-05-2011, 06:52 PM	#67
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	why do defensive? wasn't talking about baddog. don't feel so guilty.

07-05-2011, 06:58 PM	#69
porno jew Too lazy to set a custom title Industry Role: Join Date: Nov 2006 Posts: 10,166	the only "shit" i have been taking is that some people are not being upfront about their connections to icm/xxx. odd that you would come to the conclusion i was talking about you.

07-05-2011, 07:02 PM	#70
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	If ICM caves in this would open the floodgates but I can't see their legal liability in this. A likely outcome might be some bulk pricing for defensive registrations of exclusions ...

07-05-2011, 10:36 PM	#93
The Porn Nerd Living The Dream Industry Role: Join Date: Jun 2009 Location: Inside a Monitor Posts: 19,496	Manwin is smart. Getting behind .xxx would just make them vulnerable to seclusion. __________________ My Affiliate Programs: Porn Nerd Cash \| Porn Showcase \| Aggressive Gold Over 90 paysites to promote! Skype: peabodymedia

07-06-2011, 02:36 AM	#96
JFK FUBAR the ORIGINATOR Industry Role: Join Date: Jan 2002 Location: FUBARLAND Posts: 67,382	this is still going ? __________________ FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX For promo opps contact jfk at fubarwebmasters dot com

07-06-2011, 03:29 AM	#98
nico-t emperor of my world Join Date: Aug 2004 Location: nethalands Posts: 29,903	can we discuss the number and place of toilets in the Manwin headquarters again? The last thread about it didn't really have a clear outcome.