News maxhardcore.com is put up for auction at NameJet

[helmuc]

wow the original and legendary domain of Max Hardcore maxhardcore.com has been put up for auction



and a screenshot from the internet archive wayback machine:


auction link: NameJet

.. is anybody going for it? .. the domain should still have some good traffic.

H

[420]

Will it get shutdown if we put his content on that domain?

[Horatio Caine]

Mindgeek or Kink should get it.

[helmuc]

Originally Posted by 420

Will it get shutdown if we put his content on that domain?

:D :D ... not really the best business practice :D :D

[helmuc]

Originally Posted by Horatio Caine

Mindgeek or Kink should get it.

I heard some really ugly rumours about mindgeek that claim that they are in a financial arse.. :/ .. who knows :?

.. as for the Kink - that isn't their market

[Paully]

Our content is exclusive. We aren't selling and will go after anyone that tries to monetize our copyrighted brand name. It's worthless, unless we buy it.

[ITraffic]

good name for a punk rock video tube.

[TheSquealer]

all they have to do is let someone buy it and then take it from them. There is only one person and one company with a legitimate claim to that domain.

[Paully]

^^^^^True story

[The Porn Nerd]

Great so I am out 10K? FUCK!!! LOL

[edgeprod]

Originally Posted by TheSquealer

all they have to do is let someone buy it and then take it from them. There is only one person and one company with a legitimate claim to that domain.

Can't they do that right now?

[InfoGuy]

Originally Posted by TheSquealer

all they have to do is let someone buy it and then take it from them. There is only one person and one company with a legitimate claim to that domain.

An UDRP may not result in a transfer to the Complainant, as there isn't a valid trademark currently registered with the USPTO.

Mark Image
Word Mark MAX HARDCORE
Goods and Services (CANCELLED) IC 009. US 021 023 026 036 038. G & S: series of prerecorded adult entertainment video cassettes. FIRST USE: 19920513. FIRST USE IN COMMERCE: 19920513
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74652054
Filing Date March 27, 1995
Current Basis 1A
Original Filing Basis 1A
Published for Opposition November 21, 1995
Registration Number 2076736
Registration Date July 8, 1997
Owner (REGISTRANT) ZANE ENTERTAINMENT GROUP INC. CORPORATION CALIFORNIA 21526 OSBORNE STREET CANOGA PARK CALIFORNIA 91304
Assignment Recorded ASSIGNMENT RECORDED
Disclaimer "HARDCORE"
Type of Mark TRADEMARK
Register PRINCIPAL
Other Data "MAX HARDCORE" does not identify a particular living individual.
Live/Dead Indicator DEAD
Cancellation Date April 10, 2004

Word Mark MAX HARDCORE
Goods and Services (ABANDONED) IC 009. US 021 023 026 036 038. G & S: Pre-recorded DVDs and videocassettes featuring adult entertainment movies. FIRST USE: 19950327. FIRST USE IN COMMERCE: 19950327

(ABANDONED) IC 041. US 100 101 107. G & S: Entertainment, namely providing ongoing pre-recorded adult content programs and movies via a global computer network; providing a website featuring adult content programs and movies. FIRST USE: 19950327. FIRST USE IN COMMERCE: 19950327
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77109444
Filing Date February 16, 2007
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Max World Entertainment, Inc. CORPORATION CALIFORNIA 1333 Pleasantridge Drive Altadena CALIFORNIA 91001
Attorney of Record Jon M. Leader
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE HARDCORE APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Other Data "The name(s), portrait(s), and/or signature(s) shown in the mark identifies Paul Little, whose consent(s) to register is submitted."
Live/Dead Indicator DEAD
Abandonment Date October 1, 2008

[Paully]

Originally Posted by InfoGuy

An UDRP may not result in a transfer to the Complainant, as there isn't a valid trademark currently registered with the USPTO.

That's old copyright info, it has been renewed and yes we could probably go after it now Edge. Although, namejet would probably fight harder than the dipshit that buys it.

edit: or network solutions, whoever. The Gov. could just go oops we forgot to renew it give it back. Doesnt matter. It's worthless.

[brassmonkey]

Originally Posted by The Porn Nerd

Great so I am out 10K? FUCK!!! LOL

you over paid ask for $9,999 back!

[AllAboutCams]

Originally Posted by brassmonkey

you over paid ask for $9,999 back!

[InfoGuy]

Originally Posted by Paully

That's old copyright info, it has been renewed

If it goes to UDRP, the panelist will ask for proof. The records at USPTO.gov are authoritative and indisputable. Your claim that the trademark is active is insufficient.

[Paully]

Originally Posted by InfoGuy

If it goes to UDRP, the panelist will ask for proof. The records at USPTO.gov are authoritative and indisputable. Your claim that the trademark is active is insufficient.

Not a claim its a fact.

[TheSquealer]

Originally Posted by InfoGuy

An UDRP may not result in a transfer to the Complainant, as there isn't a valid trademark currently registered with the USPTO.

Why does it have to be a trademark? Its his name... It is his business name etc. How can a 3rd party take possession of it in good faith, for a legitimate purpose?

[InfoGuy]

Originally Posted by TheSquealer

Why does it have to be a trademark? Its his name... It is his business name etc. How can a 3rd party take possession of it in good faith, for a legitimate purpose?

ICANN set the UDRP rules to require a trademark. For a UDRP to be successful, all 3 elements of Paragraph (ix) must be established.

(viii) Specify the trademark(s) or service mark(s) on which the complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used (Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future.);

(ix) Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,

(1) the manner in which the domain name(s) is/are identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(2) why the Respondent (domain-name holder) should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and

(3) why the domain name(s) should be considered as having been registered and being used in bad faith

I'm not a lawyer, but I could see the domain being used for other classes, giving the Respondent legitimate rights. A major hurdle the Complainant will encounter is the term "max hardcore" is descriptive. As max is commonly used as an abbreviation for maximum, max hardcore is simply a shorter version of maximum hardcore. Assuming the term qualifies for trademark protection, as there is no live trademark currently registered with the USPTO; it doesn't have the strength of a coined trademark like Pepsi or Starbucks.

Playing devil's advocate, MaxHardcore.com could be used to describe a high intensity exercise training program or a mixed martial arts fighting league. With that being said, it's unlikely a mainstream company will want the stigma attached to the domain from it's prior use.

[Paully]

See sig

[sandman!]

Originally Posted by Paully

See sig

[OneHungLo]

Originally Posted by InfoGuy

If it goes to UDRP, the panelist will ask for proof. The records at USPTO.gov are authoritative and indisputable. Your claim that the trademark is active is insufficient.

Max could easily show he's been in business for x amount of years selling their videos worldwide under the name max hardcore and that right there alone would probably be good enough for them.

[The Porn Nerd]

Originally Posted by InfoGuy

ICANN set the UDRP rules to require a trademark. For a UDRP to be successful, all 3 elements of Paragraph (ix) must be established.



I'm not a lawyer, but I could see the domain being used for other classes, giving the Respondent legitimate rights. A major hurdle the Complainant will encounter is the term "max hardcore" is descriptive. As max is commonly used as an abbreviation for maximum, max hardcore is simply a shorter version of maximum hardcore. Assuming the term qualifies for trademark protection, as there is no live trademark currently registered with the USPTO; it doesn't have the strength of a coined trademark like Pepsi or Starbucks.

Playing devil's advocate, MaxHardcore.com could be used to describe a high intensity exercise training program or a mixed martial arts fighting league. With that being said, it's unlikely a mainstream company will want the stigma attached to the domain from it's prior use.

"Max" is also short for a name, as in Maximilian.

Originally Posted by OneHungLo

Max could easily show he's been in business for x amount of years selling their videos worldwide under the name max hardcore and that right there alone would probably be good enough for them.

Bingo.

[InfoGuy]

Originally Posted by OneHungLo

Max could easily show he's been in business for x amount of years selling their videos worldwide under the name max hardcore and that right there alone would probably be good enough for them.

Originally Posted by The Porn Nerd

Bingo.

You seem to have missed post #12 which says Max World Entertainment, Inc. abandoned the trademark on October 1, 2008.

But as I said before, regardless of MWE's perceived trademark rights, the UDRP will be denied if the new registrant uses the domain in a legitimate business unrelated to porn.

[Horatio Caine]

max hardcore isn't going to do shit. After all the trouble last thing you want to do is to fuck with government again. One "oops" and you going to spend far more $$$ on lawyers defending yourself against uncle Sam.

[BlackCrayon]

i read that max was going to be bidding on it.

[The Porn Nerd]

Originally Posted by InfoGuy

You seem to have missed post #12 which says Max World Entertainment, Inc. abandoned the trademark on October 1, 2008.

But as I said before, regardless of MWE's perceived trademark rights, the UDRP will be denied if the new registrant uses the domain in a legitimate business unrelated to porn.

No I got it. But I don't think the mark was abandoned since Max is still active and is still, you know, "Max Hardcore".

Besides, the mark could be re-established quite easily no?

[edgeprod]

Originally Posted by Horatio Caine

max hardcore isn't going to do shit. After all the trouble last thing you want to do is to fuck with government again. One "oops" and you going to spend far more $$$ on lawyers defending yourself against uncle Sam.

"Land of the Free" ... Such bullshit, when the government has no issue with people thinking like this.

[MrBottomTooth]

Would make a great site to sell body building supplements. Could have a little muscle bound mascot name Max Hardcore - to the extreme!!!

"We've got the best prices on Weight Gainer 2000 - to the extreme!!!!"

[TimS]

Originally Posted by InfoGuy

You seem to have missed post #12 which says Max World Entertainment, Inc. abandoned the trademark on October 1, 2008.

But as I said before, regardless of MWE's perceived trademark rights, the UDRP will be denied if the new registrant uses the domain in a legitimate business unrelated to porn.

For the Win !

[nikki99]

nice price

[AmeliaG]

Originally Posted by InfoGuy

ICANN set the UDRP rules to require a trademark. For a UDRP to be successful, all 3 elements of Paragraph (ix) must be established.



I'm not a lawyer, but I could see the domain being used for other classes, giving the Respondent legitimate rights. A major hurdle the Complainant will encounter is the term "max hardcore" is descriptive. As max is commonly used as an abbreviation for maximum, max hardcore is simply a shorter version of maximum hardcore. Assuming the term qualifies for trademark protection, as there is no live trademark currently registered with the USPTO; it doesn't have the strength of a coined trademark like Pepsi or Starbucks.

Playing devil's advocate, MaxHardcore.com could be used to describe a high intensity exercise training program or a mixed martial arts fighting league. With that being said, it's unlikely a mainstream company will want the stigma attached to the domain from it's prior use.

I am not an attorney, so do not take this as legal advice:

That says a trademark, but it does not say a registered trademark. Max Hardcore indisputably has been engaged in commerce under the Max Hardcore trademark. He should contact the USPTO right away though, if he thinks he has a reg, but their site shows it cancelled or abandoned.

[InfoGuy]

Originally Posted by The Porn Nerd

No I got it. But I don't think the mark was abandoned since Max is still active and is still, you know, "Max Hardcore".

Besides, the mark could be re-established quite easily no?

I don't know about getting another trademark once it's been abandoned.

Originally Posted by AmeliaG

I am not an attorney, so do not take this as legal advice:

That says a trademark, but it does not say a registered trademark. Max Hardcore indisputably has been engaged in commerce under the Max Hardcore trademark. He should contact the USPTO right away though, if he thinks he has a reg, but their site shows it cancelled or abandoned.

All 3 elements of UDRP must be met for the Complainant to win. Trademark is a moot point in UDRP, if the new owner uses the domain legitimately for a non-competing business.

[Barry-xlovecam]

Trademark is not absolute, Max Hardcore and Max-Hardcore are the same common law trade name.

However,

1.7 What needs to be shown for the complainant to successfully assert common law or unregistered trademark rights?

See also the relevant section in the WIPO Legal Index.

Consensus view: The complainant must show that the name has become a distinctive identifier associated with the complainant or its goods or services. Relevant evidence of such "secondary meaning" includes length and amount of sales under the trademark, the nature and extent of advertising, consumer surveys and media recognition. The fact that the secondary meaning may only exist in a small geographical area does not limit the complainant's rights in a common law trademark. For a number of reasons, including the nature of the Internet, the availability of trademark-like protection under passing-off laws, and considerations of parity, unregistered rights can arise for the purposes of the UDRP even when the complainant is based in a civil law jurisdiction. However, a conclusory allegation of common law or unregistered rights (even if undisputed) would not normally suffice; specific assertions of relevant use of the claimed mark supported by evidence as appropriate would be required. Some panels have also noted that in cases involving claimed common law or unregistered trademarks that are comprised of descriptive or dictionary words, and therefore not inherently distinctive, there may be a greater onus on the complainant to present compelling evidence of secondary meaning or distinctiveness. Some panels have noted that the more obvious the viability of a complainant's claim to common law or unregistered trademark rights, the less onus there tends to be on that complainant to present the panel with extensive supporting evidence. However, unless such status is objectively clear, panels will be unlikely to take bald claims of trademark fame for granted.

Have a nice day

[Theo]

do a VOD whitelabel

[AllAboutCams]

Would it cost more then 10k to get a lawyer involved to take the domain?

[helmuc]

.. another day in xxx industry: money is made by suits only :/

[helmuc]

Originally Posted by AllAboutCams

Would it cost more then 10k to get a lawyer involved to take the domain?

it all depends..

nevertheless.. if the domain is not used in adult industry and doesn't run adult ads - no lawyer will help.

[Pornopat]

Originally Posted by AllAboutCams

Would it cost more then 10k to get a lawyer involved to take the domain?

About 5k I have been told in the past by lawyers.

[InfoGuy]

Originally Posted by helmuc

.. another day in xxx industry: money is made by suits only :/

Even if the DOJ doesn't get a nickel from the auction, the IRS will take a piece of the action.

[wehateporn]

What happened in the end?

[Feng-PD]

Originally Posted by wehateporn

What happened in the end?

Saying He?s ?Million Miles Down the Road,? Max Hardcore Won?t Bid on Domain - XBIZ.com

[Ferus]

and it now goes to a domain parking page? what a shame.

[The Ghost]

If had the extra money i'd buy it and GIVE it back to Max.

[bns666]

that domain is quite nice

[Best-In-BC]

Originally Posted by 420

Will it get shutdown if we put his content on that domain?

Dont break the law, if you buy it you will have someone watching but if you stick to common legal content there wont be a problem

[DBS.US]

Why would you give the U.S. Government money for something they took from a U.S citizen.

[ilnjscb]

whatever happened to Paully?

[Horatio Caine]

Originally Posted by ilnjscb

whatever happened to Paully?

Probably 8 to 5 thing.

[wehateporn]

Originally Posted by ilnjscb

whatever happened to Paully?

He was receiving treatment, wasn't in good health