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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed Chicago Pimp
Industry Role:
Join Date: Aug 2004
Location: Chicago
Posts: 7,100
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After 6 Years Owner Of The Adult Site Brazzers Files UDRP Against Affiliate Brazers.com
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#2 |
Likes Pie
Industry Role:
Join Date: Dec 2007
Location: The land that liberated porn
Posts: 12,401
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Sign of the times...
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#3 |
Affiliate
Industry Role:
Join Date: Oct 2002
Location: Icq: 94-399-723
Posts: 24,433
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thats why they sent all those emails to everyone thousand of times about a month ago
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#4 |
Confirmed User
Industry Role:
Join Date: Jul 2002
Location: Ottawa, Canada
Posts: 1,447
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When you think about it why pay an affiliate half of all sales and rebills when the affiliate is using a typo of their registered trade mark? I wouldn't. That is about as blatant a cyber squatting case there is. I'm surprised they've been paying him this long lol.
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#5 | |
working on my tan
Industry Role:
Join Date: Mar 2005
Location: Florida/Kentucky
Posts: 39,151
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#6 |
Too lazy to set a koala
Industry Role:
Join Date: Jan 2007
Location: CZ/EU forever!
Posts: 16,139
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so why it took that long? they didnt know? they did, just have been happy so far for the traffic. typo is not only about typo, but about making it seoed, with good serps, so people will come. there is few sales in typo, but tons in seo, just do your counts. also, why they havent protected their trademark and havent bought the domain before someone else did? also, what if some pirate buy it, put it in some server nobody can do nothing about it, and start selling full scenes through file lockers? affiliate is helping your brand, helping to send it to google, to get legit serps for your brand, helping to prevent it from use of pirate or fraudster, if you are not able to buy it yourself ... it is not a win, go against affiliate, who helped you for six years getting sales through something you forgot to protect ...
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#7 |
Too lazy to set a koala
Industry Role:
Join Date: Jan 2007
Location: CZ/EU forever!
Posts: 16,139
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it is really great that something so important for you so you must make legal steps because of it, was not that important those years ago, when you forgot to register it ... it is sad, i am really sorry ... if its pirate, go for him, but if its redirect, or affiliate site, it is just sad ...
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#8 |
Too lazy to set a koala
Industry Role:
Join Date: Jan 2007
Location: CZ/EU forever!
Posts: 16,139
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just think about it like a human, not like a lawyer who dont have nothing better to do so is losing his job ...
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#9 |
80/20 Rule
Industry Role:
Join Date: Apr 2010
Location: Los Angeles
Posts: 3,051
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Trademark law is supposed to prevent competitors from tarnishing or diluting the owner's trademark rights. There's nothing wrong with a company licensing rights to affiliates or franchises. McDonald's allows thousands of franchised restaurants to use their trademark legitimately, without fear of losing or weakening their mark.
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#10 |
So Fucking Banned
Industry Role:
Join Date: Oct 2007
Posts: 6,748
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Brazzers got some 'splainin' to do to the court about 6 years of payments perhaps. Doctrine of latches and all that. Will be an interesting case to follow.
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#11 | |
working on my tan
Industry Role:
Join Date: Mar 2005
Location: Florida/Kentucky
Posts: 39,151
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Quote:
Correct. But you have to aggressively protect your trademark should a violation come to your attention. Allowing a "violation" to not only exist for years but to cut a monthly check to the "violator" is hardly aggressively protecting the trademark. In fact is sure appears they condoned it's use. |
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#12 |
Living The Dream
Industry Role:
Join Date: Jun 2009
Location: Inside a Monitor
Posts: 19,531
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Wasn't there precedent set already tho? Wasn't there another case a few years back where a domain got all their affiliates' domains transferred over to them? I seem to remember some discussion that this may even be a new business strategy. Let the affiliates build up traffic/sales/seo then take the domain away from them.
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#13 |
Yellowplum / 247mg
Industry Role:
Join Date: Feb 2008
Location: Nicosia, CY
Posts: 2,161
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There must be a hidden story behind this that's wht they doing this!
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#14 |
Confirmed User
Join Date: Oct 2006
Posts: 1,837
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I'm sure something is missing here. Agreed with the basic trademark protection procedures comment. Pretty basic stuff.
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#15 |
Raise Your Weapon
Industry Role:
Join Date: Jun 2003
Location: Outback Australia
Posts: 15,601
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UDRP != US Trademark Law.
It doesn't matter if it's one day or one decade, if the domain is being used in any way which infringes on the rights of the applicant then the UDRP gives the applicant every right to file a UDRP complaint. I see no problem with this. Forget that it's MindGeek for a moment and consider this objectively then think about if you were the affected party. To me it's a clear case of infringement. |
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#16 | |
StraightBro
Industry Role:
Join Date: Aug 2003
Location: Monarch Beach, CA USA
Posts: 56,229
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Quote:
I completely agree ![]() I had an affiliate do the same thing. No work involved other than paying the domain registration fee and forwarding the mistype to my site, with his affiliate cookie of course. I'm not employed by MindGeek so I'm going to disclose very little here. Someone there didn't do their research or they would have UDRP'd the more closely related domains that he owns. One was purchased a year after Brazzers went live. One forwards to Brazers.com which obviously forwards to Brazzers.com. Another domain closer to Brazzers goes directly to a virus now, another to cam sites, another went to Bang Bros. etc. etc. So MindGeek, get more brains. You now know registrations were done by him AFTER you went live online, as well as before, with even more similar domains, and now at least one forwarding to a virus site, damaging your brand. Feel free to thank me anyone who uses the info, publishes it on their blog, or follows my breadcrumbs to learn what I already know. ![]() ![]() |
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#17 |
Too lazy to set a koala
Industry Role:
Join Date: Jan 2007
Location: CZ/EU forever!
Posts: 16,139
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lol guys, can someone explain me, why dont you buy the domain yourself, if you have problem that someone else is using it? you will just leave it alone, see if someone develop it and put traffic on it, then just take it from him? and, if the guy do not develop, just leave it unregistered and hope someone will register, develop so you can take the site? come on ...
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#18 | |
StraightBro
Industry Role:
Join Date: Aug 2003
Location: Monarch Beach, CA USA
Posts: 56,229
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Quote:
I like that you work hard and speak your mind honestly all the time, rare trait around here lately ![]() I'm sure MindGeeks TOS state no typos, etc. They could always file a UDRP against the guy who owns Brazers.Biz, a malware site. Interesting choice of how they're choosing to begin the UDRP process. |
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#19 |
Confirmed User
Industry Role:
Join Date: Jul 2012
Posts: 3,065
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Yea, WGCZ sued and won xvideos.tv just this month. It seems like this suing in the US could open these guys up to lawsuits for all the stolen videos on their sites. I guess they feel pretty comfortable now.
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#20 | |
StraightBro
Industry Role:
Join Date: Aug 2003
Location: Monarch Beach, CA USA
Posts: 56,229
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Quote:
I'd love to sue the site below at this point. They've dicked me around for over a year now, and the DMCA company I hired, at great expense of my time and money. It seems we were lied to about my companies content being taken down, you might even be able to say tricked with cookies. If MindGeek foots the bill I'll provide more knowledge. I assume MindGeeks Men.com cares about their content being given away for free and/or for a membership fee by a non copyright holder. My skype is in the footer. ![]() MindGeek might not even care about their Gay content for free, or pay, on a tube site. I hope that's not the case. |
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#21 |
Likes Pie
Industry Role:
Join Date: Dec 2007
Location: The land that liberated porn
Posts: 12,401
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I can point to at least one scammer in this thread that is funded by ManWinning
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#22 |
StraightBro
Industry Role:
Join Date: Aug 2003
Location: Monarch Beach, CA USA
Posts: 56,229
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Adult King? No way! Seriously??
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#23 | |
FUBAR the ORIGINATOR
Industry Role:
Join Date: Jan 2002
Location: FUBARLAND
Posts: 67,374
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Quote:
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#24 |
Making PHP work
Industry Role:
Join Date: Nov 2002
Location: 🌎🌅🌈🌇
Posts: 20,249
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Hmmmmm, seems like redirecting is a method to protect TM; all typos get corrected to the proper domain.
Who has the right to own the domain is the question though.
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#25 |
Confirmed User
Industry Role:
Join Date: Jan 2012
Location: NC
Posts: 7,683
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you know its that time when affiliate sends more sales than inhouse traffic.
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#26 | |
So Fucking Blind
Industry Role:
Join Date: May 2005
Location: In a chair
Posts: 749
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that link says 2 of them have been terminated
UDRPsearch - UDRP / WIPO / NAF / ADR.eu Domain Dispute Search Quote:
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