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Old 02-07-2012, 01:21 PM   #151
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Nevermind the Lone Ranger, I bet the Hardy Boys could get to the bottom of this!

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Old 02-07-2012, 01:23 PM   #152
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Just fork over the domain. Its not worth a legal battle
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Old 02-07-2012, 01:25 PM   #153
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I covered my thoughts on this already, in my post where I discussed "naughty" and "nasty." "Bang" and "reality" are general descriptive words, just like "naughty" and "nasty." "Homegrown" is not, regardless of what people here would have you believe, because if people are looking for porn created by people in their homes, they would search for "homeMADE porn" or "amateur porn." If someone searches for "homegrown porn," it's most likely because the Homegrown Video name is already implanted in their brain.
Do a Google search for "homegrown porn" (without quotes first) right now and tell me what the top result is for you. I get: http://www.homemoviestube.com/ and it appears Google does a word substitution of "homegrown" to "Homemade".
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Old 02-07-2012, 01:27 PM   #154
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Wha...what...wait a minute... You mean there is no 'jury trial' as some of the ignorant people in this thread have suggested and no Matlock style dramatic music playing in the background as your white-haired trial attorney stands up to deliver his scopes-monkey-trial-esque closing arguments?! Kenny, you just ruined the fantasy for so many self-abused webmasters.
It's really not all that exciting, the trademark holder opens the arbitration with ICAAN and sends in their claim along with the fee, the claim and all documents are forwarded to the infringing party and they have a certain amount of time to respond. If the TM holder wishes to rebut what the defendant states they can (only one time) at an additional cost, it then goes back to the defendant to reply to the new comments/allegations, then a 3 person panel makes a decision.

Very simple actually and no need to put everything in legalese, I handled my own defense in both cases and wrote everything in plain layman English.

edit: the proper terms are Complainant and Respondent, for those legal eagles out there
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Old 02-07-2012, 01:29 PM   #155
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http://www.cafemom.com/group/115189/...orn_on_YouTube

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by

AnastasiaKorsh

on Jan. 29, 2012 at 1:29 AM
Homegrown?

Usually means amature porn, instead of being produced in a studio.
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Old 02-07-2012, 01:37 PM   #156
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Thank you. It baffles me how people don't see this. But I notice there is a bit of BROmance going on in this topic so I suspect that some really do see it but are just backing their Bro.

http://thesaurus.com/browse/homegrown



The domain "homegrownamateurs.com" is redundant.
If someone wanted to be an asshole they could use the word "homegrown" everywhere tthey would normally use the word "amateur" such as on their blogs and categories and in my opinion there isn't much he could do about it other than posture and bring a frivolous lawsuit. It would be an asshole move to do that since few use that word in place of "amateur" in the industry and you would just be fucking with Far-L but it's no different really than using another synonym in my opinion.
With respect... you do not "grow your own porn" ... they are referring to food or plants... home made, home grown...

However, it does look like a long court battle for homegrown videos... unless it's trademarked.

Why do people keep associating Amateur with homemade? I thought my footage was amateur, maybe a semi pro is more acceptable? Is the order of quality, home made, amateur, semi pro & pro? We use lights, we have some scripts or playrights to follow, then film with camera positions & in sets. I couldn't relate our content to pro, I haven't got a £20k camera & my lights don't succeed 3k watts
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Old 02-07-2012, 01:38 PM   #157
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I'm doing some lawyers work for him it seems. Also go into Google and click on the Book search. Then type in "Homegrown Porn". Get ready for a surprise.
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Old 02-07-2012, 01:44 PM   #158
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With respect... you do not "grow your own porn" ... they are referring to food or plants... home made, home grown...
Surfers use it as a word for amateur: http://www.cafemom.com/group/115189/...orn_on_YouTube
http://forums.projectcovo.com/showthread.php?t=2704051

A simple Google search shows that surfers see "Homegrown" as another name for "Amateur".

Google does a word substitution for Homegrown to Homemade.

Searching the term "Homegrown Porn" in Google book search shows a few results, few if any are directly related to Far-L's "Homegrown Video".

Far-L has the rights to "Homegrown Video" and I respect that. But he doesn't have the copyright to the word "Homegrown" in the entire adult industry. I've nothing against Far-L and would defend him if someone was using his mark "Homegrown Video" in a confusingly similar way but I don't think that is the case here.
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Old 02-07-2012, 01:44 PM   #159
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Old 02-07-2012, 01:44 PM   #160
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Do a Google search for "homegrown porn" (without quotes first) right now and tell me what the top result is for you. I get: http://www.homemoviestube.com/ and it appears Google does a word substitution of "homegrown" to "Homemade".
First thing is homemoviestube.com, but then the rest all say "homegrown." All I see are people using the term to capitalize on the branding HV has created.

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Originally Posted by signupdamnit View Post
Again, HV coined the term as it relates to amateur porn. They've saturated the word into the world so well people use it as a generic term. Everyone calls facial tissue "kleenex", does that mean that Kimberly-Clarke no longer has a trademark on it and can't prevent others from using it for financial gain?

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Surfers use it as a word for amateur: http://www.cafemom.com/group/115189/...orn_on_YouTube
http://forums.projectcovo.com/showthread.php?t=2704051

A simple Google search shows that surfers see "Homegrown" as another name for "Amateur".

Google does a word substitution for Homegrown to Homemade.

Searching the term "Homegrown Porn" in Google book search shows a few results, few if any are directly related to Far-L's "Homegrown Video".

Far-L has the rights to "Homegrown Video" and I respect that. But he doesn't have the copyright to the word "Homegrown" in the entire adult industry. I've nothing against Far-L and would defend him if someone was using his mark "Homegrown Video" in a confusingly similar way but I don't think that is the case here.
I googled kleenex, and addition to the offical Kleenex brand site, I get advertisements and sites for generic facial tissue. Google's substitution of words is irrelevant to trademarks, imho.
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Old 02-07-2012, 01:48 PM   #161
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Again, HV coined the term as it relates to amateur porn. They've saturated the word into the world so well people use it as a generic term. Everyone calls facial tissue "kleenex", does that mean that Kimberly-Clarke no longer has a trademark on it and can't prevent others from using it for financial gain?
^^^^^^^^^^
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Old 02-07-2012, 01:48 PM   #162
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You don't know. And that example simply makes my point, why don't you pull out an example that refers to adult content? The problem is you won't be able to unless it is ours; so, instead of playing your sophist games, why don't you present a balanced context and post our trademark text too? You obviously took the time to try and find that misleading example so why don't you post our mark so folks can really see the difference.

You don't have an axe to grind do you? Nothing from the past that you would like to share? Come on, get it out and you will feel a whole lot better...
Here you go

Word Mark HOMEGROWN VIDEO
Goods and Services IC 035. US 100 101 102. G & S: Retail store services available through computer communications and interactive television, featuring video tapes, DVDs and cassettes and audio discs featuring erotic entertainment; computerized on-line retail and subscription services in field of audio entertainment via a global computer network. FIRST USE: 19850101. FIRST USE IN COMMERCE: 19850101
IC 041. US 100 101 107. G & S: Production and distribution of adult content entertainment for others; providing adult entertainment in digital form via a global information broadcast network. FIRST USE: 19850101. FIRST USE IN COMMERCE: 19850101

Mark Drawing Code (1) TYPED DRAWING

--

THere more to this, yours is a typed drawing mark.
Theirs is a word mark.
Wordmark carries a lot more weight.

Like i said i'm not convinced you ahve an exclusive use of the term "homegrown" in entertainment or adult categories.
Not grinding any axes here, just trying to have a discussion here.
You're getting way too defensive here
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Old 02-07-2012, 01:51 PM   #163
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homegrown like homegrown weed you idiots.
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Old 02-07-2012, 01:54 PM   #164
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homegrown like homegrown weed you idiots.
What's your point? Homegrown tomatoes, too. The majority of us on here have already determined that the argument (and trademark) pertains to amateur porn, not your garden.
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Old 02-07-2012, 02:04 PM   #165
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Here you go

Word Mark HOMEGROWN VIDEO
Goods and Services IC 035. US 100 101 102. G & S: Retail store services available through computer communications and interactive television, featuring video tapes, DVDs and cassettes and audio discs featuring erotic entertainment; computerized on-line retail and subscription services in field of audio entertainment via a global computer network. FIRST USE: 19850101. FIRST USE IN COMMERCE: 19850101
IC 041. US 100 101 107. G & S: Production and distribution of adult content entertainment for others; providing adult entertainment in digital form via a global information broadcast network. FIRST USE: 19850101. FIRST USE IN COMMERCE: 19850101

Mark Drawing Code (1) TYPED DRAWING

--

THere more to this, yours is a typed drawing mark.
Theirs is a word mark.
Wordmark carries a lot more weight.

Like i said i'm not convinced you ahve an exclusive use of the term "homegrown" in entertainment or adult categories.
Not grinding any axes here, just trying to have a discussion here.
You're getting way too defensive here
*********** Slavik- obviously you understand the domain buying realm, but i think the main point Farrell is making is that it is not worth the hassle of suing to find out you are wrong, especially in this case.

bottom line is we should be making $$$ together, not prognosticating about legal opinion.

- Moffitt
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Old 02-07-2012, 02:14 PM   #166
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Good luck ...

From a WIPO arbitration case we easily won;

Quote:
6. Discussion and Findings

Under paragraph 4(a) of the Policy, the burden of proof lies with the Complainant to show each of the following three elements:

(i) the Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(ii) the Respondent has no rights or legitimate interests in respect of the Domain Name; and

(iii) the Domain Name has been registered and is being used by the Respondent in bad faith.
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Old 02-07-2012, 03:36 PM   #167
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I think it would be hard for the respondent in this case to prove they were unaware of the existing Homegrown brand. I don't come to GFY THAT much and I was aware of it. So UDRP would likely be a pretty easy win for HV.
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Old 02-07-2012, 03:47 PM   #168
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Happy to report that Icy Melon and Homegrown are well on the way to a mutually beneficial arrangement; all the haters can go on hating while those that actually want to make money settle differences, find opportunities together, and get the job done.

Live long and prosper!
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Old 02-07-2012, 03:50 PM   #169
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Happy to report that Icy Melon and Homegrown are well on the way to a mutually beneficial arrangement; all the haters can go on hating while those that actually want to make money settle differences, find opportunities together, and get the job done.

Live long and prosper!
Good - that's always the best way to handle it.
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Old 02-07-2012, 04:29 PM   #170
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Happy to report that Icy Melon and Homegrown are well on the way to a mutually beneficial arrangement; all the haters can go on hating while those that actually want to make money settle differences, find opportunities together, and get the job done.

Live long and prosper!
Congrats good to hear you've worked it out. Also glad to see you took my advice and updated the homegrownvideo site footer to "Copyright 2012"
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Old 02-07-2012, 05:06 PM   #171
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Ok. Thanks. We were holding our breath until we got your critical assesment. I guess we will start running our business based on your opinion since the numbers don't matter as much as your all seeing all knowing omnipresent omniscience.

Thank you, thank you, thank you. I really don't know how we have survived this long without the benefit of your superhero super powered genius to guide us to salvation.

Can you please give us a "Hi-yo silver and away" or some suitable catchphrase, that one might be copyrighted so don't use it, but give us something so we can wave appropriately while you ride off into the sunset to rescue some other helpless site, Lone Critic, the masked avenger of bad graphics!
bugger!!! I always thought it was hi-ho silver!!!! I just looked it up and you're right; it is hi-yo silver. Learn something new every day
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Old 02-07-2012, 05:10 PM   #172
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Congrats good to hear you've worked it out. Also glad to see you took my advice and updated the homegrownvideo site footer to "Copyright 2012"
Yeah, thanks man, that was really seriously killing sales. Our conversions improved by about 651% right after we did that. Wait... I mean 652% and still climbing!

By the way, if you ever actually saw our site then you would realize we have a mix of true am and pro-am stuff. We also have a huge amount of talent that went on to be popular porn stars but essentially started with us, like Hailey, Megan Mallone, etc., meaning we either have their very first video or very close to it. We don't hide this fact from our members; in fact, we are completely up front about it and categorize it accordingly. At the end of the day, that is part of what makes Homegrown unique and one of the ways that we earn brand loyalty.

Great seo advice though, thanks, that was really heroic of you to add that. By the way... what is your super hero secret identity? Are you actually Mr. Knowitall and we didn't even know it this whole time?
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Old 02-07-2012, 05:14 PM   #173
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bugger!!! I always thought it was hi-ho silver!!!! I just looked it up and you're right; it is hi-yo silver. Learn something new every day
Yep, surprised me too...

But it also reminded me of this gem...

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Old 02-07-2012, 05:16 PM   #174
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Yep, surprised me too...

But it also reminded me of this gem...

now you're just making fun of me!!! I'm not THAT old!!!
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Old 02-07-2012, 05:44 PM   #175
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now you're just making fun of me!!! I'm not THAT old!!!
lol, absolutely not! If either of us were that old then we would have known it was "hi-yo" without having to figure it out with a wiki.

I just happen to love this song and this version is a great one. You merely provided me with a very oblique way to stuff it into this thread... though I suppose it could have a double meaning - although for most of this I have identified more with being a little doggie, branded, driven hard, and parked in the Wyoming of internet badlands while a bunch of cowboys kicked my ass because they were pissed at having to ride the high hard dusty trail rather than being the land barons raking in the cash.
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Old 02-07-2012, 05:50 PM   #176
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Far-L, do you have any tube clips and if so hosted or not? Also, how long?
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Old 02-07-2012, 05:54 PM   #177
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HAHAHAHAHAHAHAHAHAHHA! Epic thread battle. When you see each other at the next show you'll shake hands and pretend you didn't say anything at all.
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Old 02-07-2012, 06:01 PM   #178
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Old 02-07-2012, 06:07 PM   #179
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HAHAHAHAHAHAHAHAHAHHA! Epic thread battle. When you see each other at the next show you'll shake hands and pretend you didn't say anything at all.
Yep, thanks, and you are absolutely correct - I have already promised a beer at phx. Are you kidding?

Already practicing my bro-shake so I don't look awkward when we actually meet face to face.
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Old 02-07-2012, 06:13 PM   #180
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Far-L, do you have any tube clips and if so hosted or not? Also, how long?
Thanks for asking!

Certainly, we have tube clips. Our hosted ones are in the new version of HGcash. We have mostly 6-8 minute clips. What length were you looking for?
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Old 02-07-2012, 09:43 PM   #181
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Thanks for asking!

Certainly, we have tube clips. Our hosted ones are in the new version of HGcash. We have mostly 6-8 minute clips. What length were you looking for?
That's fine, I'll sign up soon for sure.

Thanks
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Old 02-07-2012, 10:13 PM   #182
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*********** Slavik- obviously you understand the domain buying realm, but i think the main point Farrell is making is that it is not worth the hassle of suing to find out you are wrong, especially in this case.

bottom line is we should be making $$$ together, not prognosticating about legal opinion.

- Moffitt
why do you insist on calling me out ??
I have no dog or ponny or a donkey or a fucking monkey in your race here.
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Old 02-07-2012, 10:15 PM   #183
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you guys brought up your case to this penut gallery,
don't blame me from pointing out what might be a weakness in your TM application
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Old 02-08-2012, 11:40 AM   #184
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you guys brought up your case to this penut gallery,
don't blame me from pointing out what might be a weakness in your TM application
Whoa...

Do I sense a little resentment?

First off, we didn't start this thread but we were obligated to participate in it. Second, when you popped in with your comments, I was totally discrete about our history at first - I could've mentioned that we prevailed and took a domain back from you that you had been squatting on that clearly was trademarked. You didn't make it easy either. In fact, you were a whiny bitch about it.

Moffitt could've mentioned that too, but instead he chose to acknowledge your success and acumen, despite you obviously trying to get people to besiege our trademark, and simply suggest that people in general should work together rather than against each other.

You have a problem with that?

You feel like you have to belittle us when we are showing you some professional respect?

Obviously you are the one with issues. Get over it. Holding a grudge like that is not healthy or good business.

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Old 02-08-2012, 12:14 PM   #185
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Thanks for asking!

Certainly, we have tube clips. Our hosted ones are in the new version of HGcash. We have mostly 6-8 minute clips. What length were you looking for?
You don't seem to provide the thumbnails to go with them though, is there any chance of doing that?
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Old 02-08-2012, 12:20 PM   #186
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You don't seem to provide the thumbnails to go with them though, is there any chance of doing that?
Yes, definitely! Thanks for the suggestion; we will get on that asap.
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Old 02-08-2012, 12:22 PM   #187
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why do you insist on calling me out ??
I have no dog or ponny or a donkey or a fucking monkey in your race here.
*** Slavik, this obviously wasnt my aim

Quote:
Moffitt could've mentioned that too, but instead he chose to acknowledge your success and acumen, despite you obviously trying to get people to besiege our trademark, and simply suggest that people in general should work together rather than against each other.
*********** this was my aim. Have a prosperous day!

- Moffitt
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Old 02-08-2012, 06:39 PM   #188
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when we are showing you some professional respect?


thats was not how i saw the posts addressed to me.
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Old 02-08-2012, 06:43 PM   #189
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Whoa...

Do I sense a little resentment?

First off, we didn't start this thread but we were obligated to participate in it. Second, when you popped in with your comments, I was totally discrete about our history at first - I could've mentioned that we prevailed and took a domain back from you that you had been squatting on that clearly was trademarked. You didn't make it easy either. In fact, you were a whiny bitch about it.

When in doubt threaten their credibility

You've ignored any questions i raised and continue to attack me.
Good Job !!
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Old 02-08-2012, 06:57 PM   #190
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What exactly are your questions again?

I stopped paying attention after you tried to incite others into challenging our trademark after you tried unsuccessfully to squat our domain and had to give it up - basically proving the point I have been making about how serious we are in protecting our mark. Thanks!

But thanks also for bumping the thread!

I am pretty sure no one was paying attention thinking it was drama free until you started spouting off again trying to make us look bad.

You know, the sad thing is we offered to work it out with you in a way that would mutually benefit us but you would have none of it. Too bad we weren't part of the bro-net.
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Old 02-08-2012, 07:01 PM   #191
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Remember that time Shap took http://hardsextube.com ?
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Old 02-08-2012, 07:05 PM   #192
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What exactly are your questions again?

I stopped paying attention after you tried to incite others into challenging our trademark after you tried unsuccessfully to squat our domain and had to give it up - basically proving the point I have been making about how serious we are in protecting our mark. Thanks!

But thanks also for bumping the thread!

I am pretty sure no one was paying attention thinking it was drama free until you started spouting off again trying to make us look bad.

You know, the sad thing is we offered to work it out with you in a way that would mutually benefit us but you would have none of it. Too bad we weren't part of the bro-net.
hey IDIOT, i have nothing to do with homegrownamateurs.com

good job keep on attacking me
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Old 02-08-2012, 07:05 PM   #193
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https://gfy.com/showthread.php?t=891090
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Old 02-08-2012, 07:18 PM   #194
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That's just fucking dirty.
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Old 02-08-2012, 07:27 PM   #195
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hey IDIOT, i have nothing to do with homegrownamateurs.com

good job keep on attacking me
Attacking you?

Are you kidding?

All those domain squats really firmed up your buttocks quite nicely... I might even go gay for pay!
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Old 02-08-2012, 07:33 PM   #196
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I might even go gay for pay!
johns Holms is waiting for you
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Old 02-08-2012, 07:36 PM   #197
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Remember that time Shap took http://hardsextube.com ?
Yeah, looking back at that thread I remember thinking... wow... Shap had trademarked ____tube before "tube" essentially became a household word for online video.

That isn't "dirty". Dirty is like when a guy uses forged documents to transfer "sex.com" or something like that.

Trademarking is done mostly by legitimate business people that want to protect things they actually create; might be a pain in the ass but that don't mean it is shit stain dirty.
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Old 02-08-2012, 07:37 PM   #198
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This is stupid. If it wasn't for this board I would've never heard of homegrown amateurs. Also "homegrown" is commonly used to describe porn made at home. And I know DAMN WELL that the average bloke wouldnt see a site with homegrown in it and for one, even THINK of homegrown video and for two, would confuse anything with homegrown video.

Unless the person was blatantly trying to ride on your name, I think it's a jackass thing to do to just bully the dude.
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Old 02-08-2012, 07:38 PM   #199
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johns Holms is waiting for you
Is that one of the mispells you are still squatting on because his ex is too junked out to protect the brand in any fashion?
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Old 02-08-2012, 07:46 PM   #200
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This is stupid. If it wasn't for this board I would've never heard of homegrown amateurs. Also "homegrown" is commonly used to describe porn made at home. And I know DAMN WELL that the average bloke wouldnt see a site with homegrown in it and for one, even THINK of homegrown video and for two, would confuse anything with homegrown video.

Unless the person was blatantly trying to ride on your name, I think it's a jackass thing to do to just bully the dude.
Yeah. fine. You are entitled to your opinon. But just tell me this... did "Homegrown" get used to describe any sort of amateur xxx before Homegrown Video did in 1982? My bad... I am assuming you were either born then or old enough to know about porn. I shouldn't assume that you were or were not.

Sorry.

Ok, but, for the record, btw... you just further proved our point... "if it wasn't for this board..." blah, blah, blah, blah...

Go trademark your stuff and let's talk. You should because you are doing something unique and deserve protection of your brand.

Also, we may have some very interesting biz to discuss with you soon so please go easy on us. I have a fragile ego and would hate to look elsewhere just because I don't agree with you in this thread.
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