Twistys abusing ICANN policies and pushing people around? - Page 11 - GoFuckYourself.com

Brujah · 03-03-2009, 11:52 AM

Quote:

Originally Posted by PAR

I just think its funny that some of the same people wanting someone to do something about content theft on tubes are backing a a site that went out of its way to rip off content...

This isn't a content theft issue. Apples and oranges.

This is an issue of abusive trademark and domain rights. Maybe even selective enforcement. Definitely the pot calling the kettle black with Shap knowingly infringing on the trademarks of others, which is something hdkiller did not do.

Juicy D. Links · 03-03-2009, 11:52 AM

i cant read all 10 pages but i would like to say that I am str8 and love woman

arock10 · 03-03-2009, 11:52 AM

It has nothing to do with hardsextube.com, content theft, or whatever

Its is "Sex tube" a generic term or not and if it is a generic term you cant pull this copyright bullshit. Hence the graphs above stating people were looking for sex tubes a long time before sextube.com was made or even TMed

You may laugh now, but if shap gets away with this, what domains are next? It could be yours and then you lose it, possibly along with a hefty chunk of your income

arock10 · 03-03-2009, 11:55 AM

Thar gonna take our landdddssss

JFK · 03-03-2009, 11:58 AM

Quote:

Originally Posted by Juicy D. Links

i cant read all 10 pages but i would like to say that I am str8 and love woman

would some pictures help ?

Shap · 03-03-2009, 11:59 AM

Quote:

Originally Posted by Fatbat

Actually, I wouldn't bother with a cease and desist. All I would have to do is file a UDRP or WIPO case, pay my $1500 for one panelist for up to 5 domains, and you would lose all those domains because the trademark predates your registration and you clearly registered them in bad faith.

Fuck me, this thread is so full of fail and innernet tough guys it's not even funny. If you never owned a trademark, or if your mark has expired, you've got fuck all.

This isn't rocket science people, it's pretty cut and dried. Twisty's can take buddy to UDRP or WIPO arbitration, pay $1,500 for one panelist, or $4,000 for three and run a case for up to 5 domains or more if they want to pay a few extra bucks. Both sides then present their evidence and the panel decides. The winner gets to keep the domain(s) barring any further legal action in the courts.

In this case it would appear to be a simple case of reverse hijacking on Twisty's part, as from what I have read the domain registration predates any TM. However, stranger things have happened at WIPO hearings (look up the WIPO case for knot.com, probably one of the worst decisions ever), so both parties have the option of taking the case to court after the fact if either one of them feels they were wronged.

Every WIPO decision that has ever taken place, and there are dozens every day, is online for you to search. You'll see that most of you are talking complete shit with all your chest thumping "send me your C&Ds" "I'll whup your ass" "I'm not scared of you" bullshit.

This isn't fucking 1996. This was all sorted out a long time ago. Name squatting, typosquatting, registrations of existing marks... there are mechanisms in place that protect against this kind of activity and there's not a damn thing you can do to stop someone from taking a domain that has their mark in it, as long as you registered it after the mark was in place. As soon as a WIPO case is filed, the registrar is contacted and they freeze the domain to lock it in place until a decision is handed down.

I agree with you. Except our domain, trademark and use all predate the site in question.

alias · 03-03-2009, 12:03 PM

Quote:

Originally Posted by arock10

It has nothing to do with hardsextube.com, content theft, or whatever

Its is "Sex tube" a generic term or not and if it is a generic term you cant pull this copyright bullshit. Hence the graphs above stating people were looking for sex tubes a long time before sextube.com was made or even TMed

You may laugh now, but if shap gets away with this, what domains are next? It could be yours and then you lose it, possibly along with a hefty chunk of your income

^

Lamis · 03-03-2009, 12:07 PM

hhehehehe..

This thread is a good example, on how the reputation built on 10 years, can dissapear in a matter of seconds...

Shap's reputation was completely ruined. Nobody will ever make business with him again.. And if they do, they are complete idiots and they deserve to fail.

Brujah · 03-03-2009, 12:09 PM

I'd hate to be the guy that pays thousands for some generic __keyword__sextube.com domain names. Not because he was wrong, but because he'll have to deal with this bullshit.

cess · 03-03-2009, 12:13 PM

Quote:

Originally Posted by Fatbat

there's not a damn thing you can do to stop someone from taking a domain that has their mark in it, as long as you registered it after the mark was in place.

That's funny because the first link for "wipo case" in google is...

http://www.wipo.int/amc/en/domains/d...2008-0230.html

I'm not gonna read that whole thing. But it looks like drugstore.com went after drugstoretm.com .

8. Decision

For all the foregoing reasons, the Complaint is denied.

slavdogg · 03-03-2009, 12:26 PM

shap
dont overplay your hand
there is nothing thats stopping someome from canceling your descriptive trademark

ps. not a threat of any sort, just a friendly advice

Shap · 03-03-2009, 12:34 PM

Quote:

Originally Posted by slavdogg

shap
dont overplay your hand
there is nothing thats stopping someome from canceling your descriptive trademark

ps. not a threat of any sort, just a friendly advice

Thanks Slav. I have to hit you up about some business as well. I appreciate the advice! I know you know more than probably anyone on these matters

CaptainHowdy · 03-03-2009, 12:55 PM

Quote:

Originally Posted by ExtremeBank_Adam

I envy you...

Brujah · 03-03-2009, 01:00 PM

I predict this thread disappears. Someone should definitely save it, archive it, if they have any tube domains.

AMDWarrior · 03-03-2009, 01:06 PM

Quote:

Originally Posted by ebus_dk

because his lawyer told him to, and it seems Shap no longer have the ability to think for himself, or deside when to/not to follow the ADVICE a lawyer gives him.

Fuck Shap and Fuck twisty. First they deside to buy bannerspace on contentviolating tubesites, and now they try and steal a domain from a webmaster. Shap - what changed you from a honest webmaster in to the cunt you are now? is it greed?

I cant tell you how happy I am I dident go forward and developed that TopNakedness.com domain as planned, because their lawyer would most likely also ask for that domain, because it contained a "T" as in "Twisty"

This about sums it up, links fror twisty's have been pulled, fuck twisty's and after reading all this crap fuck that horsecock sucker Micheal, get twisty's balls outta yer mouth ..

Matt 26z · 03-03-2009, 01:08 PM

Wasn't it sex.com that once claimed they had rights to every domain with "sex" in it?

So SexTube.com claims they have rights to HardSexTube.com. Hypothetically speaking, what if Tube.com was developed and TM'd prior to SexTube.com? Shap, would you just turn over your domain with a developed site on it to them?

Voodoo · 03-03-2009, 01:09 PM

Try registering GoogleYouTube.com and see what happens.

Shap · 03-03-2009, 01:11 PM

Quote:

Originally Posted by Matt 26z

Wasn't it sex.com that once claimed they had rights to every domain with "sex" in it?

So SexTube.com claims they have rights to HardSexTube.com. Hypothetically speaking, what if Tube.com was developed and TM'd prior to SexTube.com? Shap, would you just turn over your domain with a developed site on it to them?

I'd have to fight for my domain. I believe if someone had TM'd Tube prior to SexTube they would have filed opposition against us when we filed our TM.

KillerK · 03-03-2009, 01:33 PM

Youtube is what made domains with the word TUBE in them popular. Prior to that MOVIES or CLIPS in them were for movies. Youtube made the embedded flash synonymous for the word TUBE.

I've lost a lot of respect for you going after this guy. Sex Tube is a generic term just like Porn Tube would be.

Voodoo · 03-03-2009, 01:37 PM

This may clear some things up:

1. If the mark is used "In The Same Way", it can be viewed as infringing.
2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
5. The example of Sex.com, goes back to #3. You can't have Sex?.
6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
8. SexTube? is a valid mark.
9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.

Tjeezers · 03-03-2009, 01:38 PM

boring bump

Voodoo · 03-03-2009, 01:55 PM

Quote:

Originally Posted by Voodoo

This may clear some things up:

1. If the mark is used "In The Same Way", it can be viewed as infringing.
2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
5. The example of Sex.com, goes back to #3. You can't have Sex?.
6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
8. SexTube? is a valid mark.
9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.

NOTE: I'm only speaking about the MARK itself. I'm not talking about prior use or anything.

RogerV · 03-03-2009, 01:59 PM

Quote:

Originally Posted by Shap

I'd have to fight for my domain. I believe if someone had TM'd Tube prior to SexTube they would have filed opposition against us when we filed our TM.

Remember that advise you gave me? now you understand how I felt your not going to win over the GFY mob.

a few people sent me this thread I cant even believe how many pages it is and your still posting.

good luck with it. This is why I dont even bother with GFY to many anons

you know how it is when your on top everyone guns for you

arock10 · 03-03-2009, 02:45 PM

Sex Tube is a brand as much as Sex Movies is or XXX Clips.

Shap · 03-03-2009, 02:57 PM

Quote:

Originally Posted by Voodoo

This may clear some things up:

1. If the mark is used "In The Same Way", it can be viewed as infringing.
2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
5. The example of Sex.com, goes back to #3. You can't have Sex?.
6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
8. SexTube? is a valid mark.
9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.

your post will be ignored and discounted because it doesn't support their argument.

Shap · 03-03-2009, 02:58 PM

Quote:

Originally Posted by RogerV

Remember that advise you gave me? now you understand how I felt your not going to win over the GFY mob.

a few people sent me this thread I cant even believe how many pages it is and your still posting.

good luck with it. This is why I dont even bother with GFY to many anons

you know how it is when your on top everyone guns for you

I'm better at giving advice than living by it. I felt your pain that night because I know I always get reeled in and torched.

PAR · 03-03-2009, 03:03 PM

Quote:

Originally Posted by Brujah

This isn't a content theft issue. Apples and oranges.

This is an issue of abusive trademark and domain rights. Maybe even selective enforcement. Definitely the pot calling the kettle black with Shap knowingly infringing on the trademarks of others, which is something hdkiller did not do.

Right and those people can at anytime contact him and ask him for the URL's
No one person has asked him to.. nor do we know if over the years other deals were not made.. That would be assuming that anyone else other then Shap knows how and what deals were made for the URL's in question.. Without this info it is mere assumptions.
So to me its a mute point.. Until someone steps up and post that they have no deal in place... 10+ pages later and still nothing...

As for is this about content theft or not..
Ya ok so the main point not I do agree with that I just get pissed when I see it happening and like anything that removes it..
But as the main point is about copy right/TM and when looking at it for what it is..
It being a legal issue and not a moral one and looking at it in only that light then let the courts rule on it..

A secondary sub-point is the content theft.. Fine maybe that should be left to a dif thread.. so I will STFU about it in here...

This all said I've already posted that morally I don't agree... As I feel for the webmasters.. and would hate for it to happen to me..

But legally I do see that Shap is in his full rights to protect and enforce his TM.. I'm not him and I don't work for him so I will not even try to tell someone else what they should do with their TM... Nor try to place my morals on someone else who is doing things legally with their TM and Biz.. So I say send it to legal.. let the courts etc work it out.. or try to workout a deal...

cess · 03-03-2009, 03:21 PM

Quote:

Originally Posted by PAR

Right and those people can at anytime contact him and ask him for the URL's

It's still breaking the law. It makes no difference if you're just willing to give them up when someone ask, the law has been broken already.

The content theft issue makes no difference. Just because one bad webmaster will lose his domain when who knows how many legit webmasters will lose their domain doesn't some how make it right. If it was just this one domain no one would care, that's been said before more than once in this thread.

Slappin Fish · 03-03-2009, 03:43 PM

Quote:

Originally Posted by Shap

your post will be ignored and discounted because it doesn't support their argument.

No it will be ignored because he forgets the most important element.

You need to prove the respondent had prior knowledge of the trademark and/or registered the domain in bad faith. Without that you have nothing.

Dodge2hot · 03-03-2009, 04:02 PM

Quote:

Originally Posted by Shap

We are open to working with everyone. We aren't out to fuck anyone over

Thats BS. If you weren't out to fuck anyone over, you wouldn't be trying to Steal people fucking domains. Your using your money to bully the smaller guy than can't afford a $1200+/hr lawyer.

Anyway you put it, you are fucking the little guys over. I can't beleive people still promote your sorry asses after all the other shit you've pulled.

Britceleb · 03-03-2009, 04:02 PM

Quote:

Originally Posted by Slappin Fish

No it will be ignored because he forgets the most important element.

You need to prove the respondent had prior knowledge of the trademark and/or registered the domain in bad faith. Without that you have nothing.

Who says? How can you prove someone had prior knowledge of the TM? What if I were to say I never heard of youtube.com before and I registered iyoutube.com they would have to somehow prove I had prior knowledge of it?

I have gone through this before and it can be a lengthy process. I am not agreeing with either side but from what I read Shap does have a great case IMHO

alias · 03-03-2009, 04:12 PM

Fuck just bump this whore to 10k for the hell of it then let it die, hopefully other things can be laid to rest as well.. .

Slappin Fish · 03-03-2009, 04:30 PM

Quote:

Originally Posted by Britceleb

Who says? How can you prove someone had prior knowledge of the TM? What if I were to say I never heard of youtube.com before and I registered iyoutube.com they would have to somehow prove I had prior knowledge of it?

I have gone through this before and it can be a lengthy process. I am not agreeing with either side but from what I read Shap does have a great case IMHO

Who says? WIPO UDRP says.

A TM does not automatically give you rights over a domain name.

If the complainant can't prove the domain was registered in bad faith it usually doesn't go much further, look up recent arbitration decisions: arena.com ashley.com jumpro.com FullTerm.com pokerhost.net...

I also know the process, for having been on the receiving end of a corporate bully.

Shap · 03-03-2009, 04:34 PM

Quote:

Originally Posted by Slappin Fish

Who says? WIPO UDRP says.

A TM does not automatically give you rights over a domain name.

If the complainant can't prove the domain was registered in bad faith it usually doesn't go much further, look up recent arbitration decisions: arena.com ashley.com jumpro.com FullTerm.com pokerhost.net...

I also know the process, for having been on the receiving end of a corporate bully.

In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?

Slappin Fish · 03-03-2009, 04:40 PM

Quote:

Originally Posted by Shap

In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?

If they had prior knowledge of the complainants trademark they have no chance

Brujah · 03-03-2009, 04:47 PM

Quote:

Originally Posted by Shap

In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?

You don't have to answer, but this has me wondering...

How would they have been notified prior to registration of a domain? If I were going to register roughsextube.com for example a week ago before all this stuff came to light, how would you know to notify me? I probably wouldn't have even known myself that at a moments notice I would register the name. You'd have to be psychic.

03-03-2009, 05:02 PM

Quote:

Originally Posted by Shap

In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?

Prove that he registered it AFTER you sent him a letter saying "Hey, I heard you were thinking of buying hardsextube.com through my guy who can read minds, don't do it, I have it trademarked.".

Shap · 03-03-2009, 05:06 PM

Quote:

Originally Posted by Brujah

You don't have to answer, but this has me wondering...

How would they have been notified prior to registration of a domain? If I were going to register roughsextube.com for example a week ago before all this stuff came to light, how would you know to notify me? I probably wouldn't have even known myself that at a moments notice I would register the name. You'd have to be psychic.

Let's say you had brujahsextube and i notified you of our trademark? then you registered 5 more sextube domains after you received and acknowledged that email. That is what I was referring to.

Voodoo · 03-03-2009, 05:17 PM

Quote:

Originally Posted by Shap

your post will be ignored and discounted because it doesn't support their argument.

I was just simply stating and clarifying how the isolated MARK itself would be infringed on by any ___sextube.com domains, as a black & white issue. Nothing to do with prior use or domain rights.

u-Bob · 03-03-2009, 05:19 PM

Quote:

Originally Posted by Sands

I just regged essextube.com

seeandsee · 03-03-2009, 05:21 PM

i really think to jump form rooftop

polish_aristocrat · 03-03-2009, 05:23 PM

I'm watching some japanese porn on hardsextube.com now

http://www.hardsextube.com/video/138063/ASIAN-Hot.Jam

Ethersync · 03-03-2009, 05:48 PM

Might as well post this here too...

Quote:

Originally Posted by Shap

In November 2006 we started actively using SexTube.com

Here is SexTube.com in November of 2006

Quote:

Originally Posted by Shap

In December 2006 we launched SexTube.com tube site.

Here is what SexTube.com looked like until mid-December of 2006.
"The Largest Adult DVD Download Site"

Shap · 03-03-2009, 05:53 PM

Ethersync I'm glad you spend your valuable time on me. Thanks. It warms my heart.

Ethersync · 03-03-2009, 05:55 PM

HardSexTube.com was live before you even started accepting video uploads.

"We have completely sold out all upload accounts. New accounts will be available soon."

April 2007

Edit: You did not accept user uploads at all in 2007...

Shap · 03-03-2009, 05:59 PM

Quote:

Originally Posted by Ethersync

HardSexTube.com was live before you even started accepting video uploads.

"We have completely sold out all upload accounts. New accounts will be available soon."

April 2007

Edit: You did not accept user uploads at all in 2007...

Your point is? Read our trademark. It is for the use of "SexTube" as an adult site.

Ethersync · 03-03-2009, 06:01 PM

Then in 2008 you decided to scrap the whole Tube site idea and just make the site a DVD download member site

Shap · 03-03-2009, 06:07 PM

Btw Ethersync I'm just curious. You are showing me some mad love. I appreciate it. Care to let any of us know what you run?

Ethersync · 03-03-2009, 06:17 PM

Quote:

Originally Posted by Shap

Care to let any of us know what you run?

It's immaterial.

This is not personal. I'm not trolling. I sincerely think what you are trying to do is unethical.

Shap · 03-03-2009, 06:19 PM

12 pages. I'm going to send Eric a bill for boosting ad views this week ;)

03-03-2009, 11:52 AM	#503
arock10 Confirmed User Join Date: Jan 2006 Posts: 6,218	It has nothing to do with hardsextube.com, content theft, or whatever Its is "Sex tube" a generic term or not and if it is a generic term you cant pull this copyright bullshit. Hence the graphs above stating people were looking for sex tubes a long time before sextube.com was made or even TMed You may laugh now, but if shap gets away with this, what domains are next? It could be yours and then you lose it, possibly along with a hefty chunk of your income __________________ Sup Last edited by arock10; 03-03-2009 at 11:54 AM..

03-03-2009, 11:55 AM	#504
arock10 Confirmed User Join Date: Jan 2006 Posts: 6,218	Thar gonna take our landdddssss __________________ Sup

03-03-2009, 12:09 PM	#509
Brujah Beer Money Baron Industry Role: Join Date: Jan 2001 Location: brujah / gmail Posts: 22,157	I'd hate to be the guy that pays thousands for some generic __keyword__sextube.com domain names. Not because he was wrong, but because he'll have to deal with this bullshit. __________________ Free Premium Domain Lists and Tools at Clickmojo.com For Sale: Obscenity.com

03-03-2009, 12:26 PM	#511
slavdogg Confirmed User Join Date: Jan 2001 Posts: 3,570	shap dont overplay your hand there is nothing thats stopping someome from canceling your descriptive trademark ps. not a threat of any sort, just a friendly advice __________________ Adult Traffic for Sale

03-03-2009, 01:00 PM	#514
Brujah Beer Money Baron Industry Role: Join Date: Jan 2001 Location: brujah / gmail Posts: 22,157	I predict this thread disappears. Someone should definitely save it, archive it, if they have any tube domains. __________________ Free Premium Domain Lists and Tools at Clickmojo.com For Sale: Obscenity.com

03-03-2009, 11:52 AM	#502
Juicy D. Links So Fucking Banned Industry Role: Join Date: Apr 2001 Location: N.Y. -Long Island -- Posts: 122,992	i cant read all 10 pages but i would like to say that I am str8 and love woman

03-03-2009, 12:07 PM	#508
Lamis So Fucking Banned Join Date: Sep 2007 Posts: 961	hhehehehe.. This thread is a good example, on how the reputation built on 10 years, can dissapear in a matter of seconds... Shap's reputation was completely ruined. Nobody will ever make business with him again.. And if they do, they are complete idiots and they deserve to fail.

03-03-2009, 01:08 PM	#516
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	Wasn't it sex.com that once claimed they had rights to every domain with "sex" in it? So SexTube.com claims they have rights to HardSexTube.com. Hypothetically speaking, what if Tube.com was developed and TM'd prior to SexTube.com? Shap, would you just turn over your domain with a developed site on it to them? Last edited by Matt 26z; 03-03-2009 at 01:10 PM..

03-03-2009, 01:09 PM	#517
Voodoo ♥ ♦ ♣ ♠ Industry Role: Join Date: Sep 2002 Location: Porn Valley, CA Posts: 10,590	Try registering GoogleYouTube.com and see what happens. __________________ "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

03-03-2009, 01:33 PM	#519
KillerK Confirmed User Join Date: May 2008 Posts: 3,406	Youtube is what made domains with the word TUBE in them popular. Prior to that MOVIES or CLIPS in them were for movies. Youtube made the embedded flash synonymous for the word TUBE. I've lost a lot of respect for you going after this guy. Sex Tube is a generic term just like Porn Tube would be.

03-03-2009, 01:37 PM	#520
Voodoo ♥ ♦ ♣ ♠ Industry Role: Join Date: Sep 2002 Location: Porn Valley, CA Posts: 10,590	This may clear some things up: 1. If the mark is used "In The Same Way", it can be viewed as infringing. 2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.) 3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term. 4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com. 5. The example of Sex.com, goes back to #3. You can't have Sex?. 6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz) 7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked. 8. SexTube? is a valid mark. 9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations. 10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com. 11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case. 12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark. Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information. __________________ "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

03-03-2009, 01:38 PM	#521
Tjeezers Webmaster Industry Role: Join Date: Mar 2007 Location: BP4L - NL/RO Posts: 16,556	boring bump __________________ Enroll in the SWAG Affiliate Asian Live Cam Program and get 9 free quality linkbacks from my network! Wanna see how old school I am? Look at this! All my Cam Review Sites are here!

03-03-2009, 02:45 PM	#524
arock10 Confirmed User Join Date: Jan 2006 Posts: 6,218	Sex Tube is a brand as much as Sex Movies is or XXX Clips. __________________ Sup

03-03-2009, 04:12 PM	#532
alias aliasx Join Date: Apr 2001 Posts: 19,010	Fuck just bump this whore to 10k for the hell of it then let it die, hopefully other things can be laid to rest as well.. . __________________ https://porncorporation.com

03-03-2009, 05:21 PM	#541
seeandsee Check SIG! Industry Role: Join Date: Mar 2006 Location: Europe (Skype: gojkoas) Posts: 50,945	i really think to jump form rooftop __________________ BUY MY SIG - 50$/Year Contact here

03-03-2009, 05:23 PM	#542
polish_aristocrat Too lazy to set a custom title Join Date: Jul 2002 Posts: 40,377	I'm watching some japanese porn on hardsextube.com now http://www.hardsextube.com/video/138063/ASIAN-Hot.Jam __________________ I don't use ICQ anymore.

03-03-2009, 05:53 PM	#544
Shap Confirmed User Industry Role: Join Date: May 2001 Posts: 8,313	Ethersync I'm glad you spend your valuable time on me. Thanks. It warms my heart.

03-03-2009, 05:55 PM	#545
Ethersync Confirmed User Join Date: Mar 2008 Location: London, Saint-Tropez, Bermuda, Moscow Posts: 5,289	HardSexTube.com was live before you even started accepting video uploads. "We have completely sold out all upload accounts. New accounts will be available soon." April 2007 Edit: You did not accept user uploads at all in 2007... Last edited by Ethersync; 03-03-2009 at 05:58 PM..

03-03-2009, 06:01 PM	#547
Ethersync Confirmed User Join Date: Mar 2008 Location: London, Saint-Tropez, Bermuda, Moscow Posts: 5,289	Then in 2008 you decided to scrap the whole Tube site idea and just make the site a DVD download member site

03-03-2009, 06:07 PM	#548
Shap Confirmed User Industry Role: Join Date: May 2001 Posts: 8,313	Btw Ethersync I'm just curious. You are showing me some mad love. I appreciate it. Care to let any of us know what you run?

03-03-2009, 06:19 PM	#550
Shap Confirmed User Industry Role: Join Date: May 2001 Posts: 8,313	12 pages. I'm going to send Eric a bill for boosting ad views this week ;)