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Old 03-11-2009, 03:28 AM   #651
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Holy fuck, I can't believe I just read 17 fukking pages. Anyhow I don't know about the legality but seems like a douchebag move by Shap and Twisty's. He still hasn't replied about taking away the guys livelyhood, which that notice pretty much says to me.
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Old 03-11-2009, 04:51 AM   #652
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I can't believe this thread is still going..If this thread goes to 800 posts, free sig spot to the 800th poster.
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Old 03-11-2009, 04:55 AM   #653
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I can't believe this thread is still going..If this thread goes to 800 posts, free sig spot to the 800th poster.
it is going going and going...
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Old 03-11-2009, 05:07 AM   #654
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Old 03-11-2009, 05:20 AM   #655
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Old 03-12-2009, 05:11 PM   #656
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Exactly what I said. To protect our name. We had applied for the trademark before them. Our original trademark lawyers didn't feel it was urgent. So they applied for Canada first then US. So Canada was applied in July 2006 and then US in December. These guys tried to steal the domain from us. So we had to go into emergency mode to protect ourselves. Like I said the trademark was to protect ourselves.
so basically you guys TM your domains so no one will steal them from you.. so WHY THE FUCK are you stealing from other peeps??
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Old 03-12-2009, 05:18 PM   #657
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I was banned during this.

Something *smart* is going on here that's for sure.
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Old 03-12-2009, 05:28 PM   #658
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www.hardsextube.com is still up.
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Old 10-05-2009, 08:06 PM   #659
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So what became of this?
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Old 10-06-2009, 05:16 AM   #660
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So what became of this?
Still going. Still threatening tube domain owners.
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Old 10-06-2009, 06:18 AM   #661
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What a fucking asshole.
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Old 10-06-2009, 04:21 PM   #662
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LoLzZerZ
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Old 10-06-2009, 05:16 PM   #663
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nothing happened of course
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Old 10-06-2009, 07:18 PM   #664
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Interesting thread. Interesting read.
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Old 10-06-2009, 09:48 PM   #665
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Still going. Still threatening tube domain owners.
Any legal action aside from a threatening letter?
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Old 10-06-2009, 09:51 PM   #666
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As an aside, and I can't be arsed to find the post amongst all these pages, but one of the shap supporting posts was to the tune of blah blah you can't reg pepsitube for the same reason you can't reg blahblahsextube, except the argument was that sextube wasn't 2 words together, it was a brand new word. Unless I'm slow on new additions to the English vocabulary, isn't pepsitube going to be a brand new word?
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Old 02-15-2010, 04:42 PM   #667
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I'd hate to fire up an old thread but I was unaware of this thread when I started mine over here:
http://www.gfy.com/fucking-around-and-business-discussion/953543-copyright-question-critisizm.html
In fact I am being pushed around by Shap and his not so intelligent legal firm brookslaw.ca
They are saying my domain name sextubeland.com is in fact infringing on their trademark. Let it be know for the record sextubeland.com was a PARKED domain until they made some botched allegations. Nothing was referred to 'SEXTUBE' in my page because it was parked, other then the domain name itself.

That being said they are trying to push the little guys around and trying to take over anyone's domain with the term 'SEXTUBE' in itself.
Shaps so called lawyer even told me I need to forfeit any revenue made from sextubeland.com over to them including the domain name.
Yes, he trademarked 'SEXTUBE' but you can't trademark nor copyright a domain name. As mentioned in:
http://www.copyright.gov/help/faq/faq-protect.html
So to wrap it up her is my thought:
If sextubeland.com is infringing on sextube.com then in fact Shap is infringing upon sex.com owned by Escom LLC
My 2 cents.
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Old 02-15-2010, 04:49 PM   #668
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Shaps so called lawyer even told me I need to forfeit any revenue made from sextubeland.com over to them including the domain name.
.
What a piece of shit.
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Old 02-15-2010, 04:52 PM   #669
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nice....
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Old 02-15-2010, 04:56 PM   #670
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yeah this is very fucked up practice and only fucked up people can do something like this
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Old 02-15-2010, 05:13 PM   #671
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that's a shity move by twistys.
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Old 02-15-2010, 05:14 PM   #672
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so this is still going on?
hmmmmmmmm
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Old 02-15-2010, 05:16 PM   #673
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please send this someone to twistys. i want to hear that shap guy how the park page is making problems to his business and how he have bought a sextube copyright. fuck he cant be a human
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Old 02-15-2010, 05:17 PM   #674
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Do you believe someone should be allowed to start twistystube? How about pepsitube?
Just a question. How about sex.com and gay.com? Are you sure you don't use the mentioned trademarks as parts of your domain names?

Hint: Many years ago some person (let's call him Mr. Stephen M. Cohen) was trying to sue everyone who has registered domains containing the dictionary word "sex" in them, of course he lost all that cases.

I don't think there is a reason to explain your lawyers the difference between pepsitube.com/adidastube.com and freegaytube.com/bestsextube.com
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Old 02-15-2010, 05:24 PM   #675
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I'd hate to fire up an old thread
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Old 02-15-2010, 09:45 PM   #676
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i've been thinking about this a lot. I'm not one to suck another's cock and these days with the amount of gay Shap's into it's even scarier LOL ;P

Fuck all you no name thieving trolls

SexTube did not exist before shap - he trademarked it and all you morons had the right to contest the trademark.

Shap's right and unless you can break his trademark - I agree you need to be sued by him

Good for you shap
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Old 02-15-2010, 10:38 PM   #677
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If I owned hardsextube.com I would fight this as hard as I could but then again if I owned it I would have had it well protected
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Old 02-15-2010, 10:44 PM   #678
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I'm not one to suck another's cock and these days
Yes you do. In your situation you would suck a donkey's cock just get some attention and make a buck.
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Old 02-15-2010, 10:59 PM   #679
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If I owned hardsextube.com I would fight this as hard as I could but then again if I owned it I would have had it well protected
I would give it to some guys I know in Compton along with the home address of the guys that want it. They can talk it out.

The guys I know love to go to trade shows to, see ya at the pool
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Old 02-16-2010, 12:25 AM   #680
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i cant help but laugh at these huge tube sites pushing people around and trying to own as much virtual real estate as possible.

problem is it takes one case with these fuckers to win and everyone who has a domain with their name in it is fucked unless you registered it before they were even around or had the idea in their head.
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Old 02-16-2010, 12:40 AM   #681
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fuck twistys and fuck shap.. greedy fucking cock sucker
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Old 02-16-2010, 12:46 AM   #682
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sleazy you should trademark fatass slob because it represents you so well and fits you best. no one else deserves the title.. then just think no other fat slob on the internet can take your glory you so well deserve. idiot
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Old 02-16-2010, 02:19 AM   #683
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my my my truth really does piss off some thieving trolls doesn't it
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Old 02-16-2010, 02:22 AM   #684
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will read this later some day
for now a bump so i dont forget to read it
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Old 02-16-2010, 03:00 AM   #685
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Quote:
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We trademarked SexTube and GayTube for the same reason we trademarked Twistys. To protect our investments.

We registered SexTube before YouTube was even registered. Back then tube was not a common term used online.

I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.
I wonder if the person who owns "tube" trademarks it and then you would be in violation of his trademark. where does the madness end.

Twistys is a lot more unique and original name then "sextube" Also whoever owns " xtube " could sue you and have an open shut case. If you think hardsextube infringes on sextube then sextube definitelty infringes on xtube.

Not saying you shouldn't trademark sextube. If you don't want anyone to use "sextube" then you trademark it. Would give you a good case if someone buys the .net or .org. But just because you own sextube and you trademark it doesn't mean you will have a case to go after people who own hardcoresextube or livesextube or lesbiansextube etc etc.... Also I take it your lawyer gets paid by the hour, sometimes you have to take that into consideration too.

yes I know this thread is old.
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Old 02-16-2010, 03:21 AM   #686
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How do you compare "pepsi" to "sex". to say well shouldn't someone protect pepsitube just like i should protect sextube is insaine. pepsi is a famous, unique word. sex is not. you can try to argue that "tube" is unique, but by doing so you are justifying and building a case against yourself because the person who owns " tube" can come take sextube away from you lol. tube is general, sex is general, putting them together is still general. pepsi is not general. putting pepsi with anything is going to get you in trouble. putting sex with anything is not going to get you in trouble.

Sometimes just threatening to sue, you can bluff peopel into giving everything away to you. Look at what happened with the domain name "sexpays", he turned it over to "xpays" because he said that they were infringing. To bad "pays" didn't go after "xpays" then ays could have sued pays, then ys could have sued ays then who ever owns "s" would own 1/2 the domain names in the world.... ridiculous logic. protect your trademark, but when you trademark generic words don't expect to enforce it on everything under the sun.
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Old 02-16-2010, 03:30 AM   #687
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I stopped promoting Twisty's a long time ago. Shap is a fucking douche on so many levels.

Great sites though, but a douche nonetheless.

Tell him to go fuck himself. There's no way he'd win a legal battle on those pathetic grounds, especially as you owned the domain before his was even registered. Sue him instead. What an asshole.

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Old 02-16-2010, 03:46 AM   #688
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I wonder if the person who owns "tube" trademarks it and then you would be in violation of his trademark.



I would tell your lawyer and you to suck on my balls.
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Old 02-16-2010, 04:47 AM   #689
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Is this still playing? I thought they stopped after being unsuccessful too many times.
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Old 02-16-2010, 06:29 AM   #690
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If I owned hardsextube.com I would fight this as hard as I could but then again if I owned it I would have had it well protected
You don't need to fight anything at all at least until the case law is still working in old good the US of A For example, you can take a look at trial ibill.com vs dibill.com:

Quote:
DECISION

Internet Billing Company LLC v. Dibill Solutions

Claim Number: FA0210000128682

PARTIES
Complainant is Internet Billing Company LLC, Deerfield Beach, FL (?Complainant?) represented by Barry C. Leeper, of Internet Billing Company LLC. Respondent is Dibill Solutions, Van Nuys, CA (?Respondent?) represented by Stephen H. Sturgeon, of Law Offices of Stephen H. Sturgeon & Associates of Washington DC.

REGISTRAR AND DISPUTED DOMAIN NAMES
The domain names at issue are <dibill.com>, <dibill.net>, <dibill.biz> and <dibill.info>, registered with TuCows.com & Joker.com.

PANEL
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.

Bruce E. Meyerson as Panelist.

PROCEDURAL HISTORY

Complainant submitted a Complaint to the National Arbitration Forum (the ?Forum?) electronically on October 22, 2002; the Forum received a hard copy of the Complaint on October 23, 2002.

On October 24, 2002, TuCows.com & Joker.com confirmed by e-mail to the Forum that the domain names <dibill.com>, <dibill.net>, <dibill.biz> and <dibill.info> are registered with TuCows.com & Joker.com and that the Respondent is the current registrant of the name. TuCows.com & Joker.com has verified that Respondent is bound by the TuCows.com & Joker.com registration agreement and has thereby agreed to resolve domain-name disputes brought by third parties in accordance with ICANN?s Uniform Domain Name Dispute Resolution Policy (the ?Policy?).

On October 31, 2002, a Notification of Complaint and Commencement of Administrative Proceeding (the ?Commencement Notification?), setting a deadline of November 20, 2002 by which Respondent could file a Response to the Complaint, was transmitted to Respondent via e-mail, post and fax, to all entities and persons listed on Respondent?s registration as technical, administrative and billing contacts, and to [email protected], [email protected], [email protected], and [email protected] by e-mail.

A timely Response was received and determined to be complete on November 20, 2002.

On December 11, 2002, pursuant to Complainant?s request to have the dispute decided by a single-member Panel, the Forum appointed Bruce E. Meyerson as Panelist.

RELIEF SOUGHT
Complainant requests that the domain names be transferred from Respondent to Complainant.

PARTIES? CONTENTIONS

A. Complainant
Complainant, Internet Billing Company, LLC, is the successor-in-interest to Internet Billing Company, Ltd., following an acquisition by InterCept, Inc. Complaint contends that it has provided billing and collection services and computer consulting services, continually using the IBILL® and IBILL.COM® service marks under the service or trademark IBILL® since 1995, and continues to use the domain name <ibill.com> as the company?s web site. Complainant claims to have invested extensively to promote the IBILL marks and their association with iBill's business goodwill and reputation. Complainant asserts that it has spent over $15 million to develop its web site with the domain name <ibill.com> and promote services under the IBILL marks. During the year 2001, Complainant states that its co-branded billing and collection services handled about $800 million in consumer transactions. Complainant contends that the Dibill domain names are identical and/or confusingly similar to the federally registered iBill marks. According to Complainant, when the Respondent made the decision to conduct business in the same industry, it would have been aware of the existence of iBill?s goods and services. Complainant?s asserts that evidence of Respondent?s clear knowledge and obvious prior recognition of iBill can be seen by the fact that the Respondent actually copied text from the Complainant?s web site. Proof of this can be easily seen, according to Complainant, when reviewing the web pages where both companies describe their service offerings.

B. Respondent
Respondent contends initially that the UDRP was established to permit resolution of cases of ?clear abuse? and this is not such a case. Respondent asserts that the word ?DIBILL? is much different from the alleged trademark ?IBILL.? According to Respondent, registration of five letters for limited use does not give the Complainant the right to all domain names containing the five letters throughout the world. Next, Respondent contends that the Complainant has also failed to sustain its burden of proving that Respondent did not have any legitimate interest in the domain names. In response to Complainant?s allegation that Respondent had knowledge and prior recognition of iBill as shown by the presence of common text on both the iBill web pages and the Dibill web pages, Respondent states that it is possible that both the employees of Complainant and the employees of Respondent obtained the text from the same third-party source. It is also possible, according to Respondent, that the Complainant?s employees copied the text from Respondent?s web pages. Respondent contends that it has established a legitimate interest in the domain name because it is using the domain name in connection with its bona fide business activities. Respondent also contends that the words ?I? and ?Bill? are common words in the dictionary and that Complainant cannot claim exclusive rights to a common word. Respondent contends that where the domain name and trademark in question are generic?and in particular where they comprise no more than a single, short, common word?the rights/interests inquiry is more likely to favor the domain name owner.

FINDINGS
Respondent?s legal name is Dibill Solutions Co. and it does business under the name Digital Internet Billing Co.

DISCUSSION
Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the ?Rules?) instructs this Panel to ?decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.?

Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:
(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.


For the following reasons, the Panel finds it unnecessary to consider each of the foregoing elements. In the final analysis, Complainant?s dispute in this case is really with Respondent?s ?dba?-- Digital Internet Billing, Inc.?and its business plan and promotional material. Indeed, Complainant has argued:

The Respondent, whose company name . . . is ?Dibill Solutions? has not only placed the letter D in front of the iBill name to create the Dibill Domains, but Respondent has also placed the word ?Digital? in front of the Mark ?Internet Billing Company? as can be seen together as ?Digital Internet Billing Company? on the title bars of all their web pages . . . . This constitutes trademark infringement under the federal trademark law, the Lanham Act, 15 U.S.C. sec. 1114, because there would be a likelihood of confusion between iBill?s federally registered Marks for ?iBill/ Internet Billing Company,? and Dibill?s use of ?Digital Internet Billing Company.? Consumers and businesses would confuse Dibill?s goods and services with iBill?s services and wrongly associate the goods and services of the two parties. This is also an act of unfair competition by Dibill, due to the false association with iBill?s services. Such false association is a violation of the Lanham Act, 15 U.S.C. sec. 1125(a). There is a likelihood, that by Dibill launching its business on the Internet, it has gained immediate recognition, because of iBill?s reputation and the extensive use of iBill?s service on the Internet.

(emphasis in original). These objections by Complainant to Respondent?s actions lie at the heart of Complainant?s case; but these are objections to be resolved in other forums, not the ICANN rules.

Indeed, the objective of the ICANN Uniform Policy ?is very narrow. It is concerned . . . with cybersquatting and not commonplace trade mark infringement issues and/or unfair competition issues, however flagrant.? Palm v. South China House of Technology Consultants, D2000-1492 (WIPO Dec. 18, 2000) (emphasis added); see, e.g., Bloomberg v. Secaucus Group, FA 97077 (Nat. Arb. Forum June 7, 2001); see generally R. Badgley, Domain Name Disputes § 5.02 (2002).

Assuming, as we must on this record, that Respondent has in fact established its business under the name Dibill Solutions Co. and is doing business under the name Digital Internet Billing Co., then its domain name ?dibill? can be no more inappropriate than is ?ibill? for Complainant Internet Billing Co. Thus, Complainant?s case must necessarily rise or fall on the propriety of Respondent?s legal and business names, the lawfulness of which are beyond the jurisdiction of this Panel.


DECISION
The Complaint is dismissed for lack of jurisdiction.

Bruce E. Meyerson, Panelist
Dated: December 26, 2002
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Old 02-16-2010, 08:10 AM   #691
Black_Widow
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Originally Posted by SleazyDream View Post
my my my truth really does piss off some thieving trolls doesn't it
Broke fat ass loser.
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Old 02-16-2010, 08:16 AM   #692
ColetteX
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Originally Posted by closer View Post
Is this still playing? I thought they stopped after being unsuccessful too many times.
fuckers will be still trying, any small money you can get from small affiliate is the win! karma works, their sites are going down the toilet cause still less people is supporting their shitty game
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Old 03-08-2010, 12:08 AM   #693
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This is a reverse hijacking scam..

who the fuck can't see this??

if you give your name up due to this scam you are a total friggin tampon ..

actually, if you are dumb enough to fall for this shit, then you deserved it...

LMFAO!!
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Old 03-16-2010, 01:20 AM   #694
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www.hardsextube.com is still up.
why do you think it as hard sextube , maybe it is hardsex tube does hardsex trademarked? maybe it s hard's ex tube...
if aol trademarked cant i register and use fuckyaol.com nice name IMO fuckyouall but if someone thought it fucky aol does it matter to fuckyaol.com domain owner?
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Old 03-16-2010, 02:41 AM   #695
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why do you think it as hard sextube , maybe it is hardsex tube does hardsex trademarked? maybe it s hard's ex tube...
if aol trademarked cant i register and use fuckyaol.com nice name IMO fuckyouall but if someone thought it fucky aol does it matter to fuckyaol.com domain owner?
I PORN trade mark http://tess2.uspto.gov/bin/gate.exe?...010:6g831k.2.8
another
IPORN trademark http://tess2.uspto.gov/bin/gate.exe?...010:6g831k.2.8

and the PORN.COM trademark http://tess2.uspto.gov/bin/gate.exe?...10:6g831k.2.47

and the HARDPORN http://tess2.uspto.gov/bin/gate.exe?...10:6g831k.2.28

or PORNSTAR.COM http://tess2.uspto.gov/bin/gate.exe?...010:6g831k.4.2
AND PORNSTAREMPIRE.COM http://tess2.uspto.gov/bin/gate.exe?...10:6g831k.3.92



are not these are live evidence enough guys?
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Old 03-16-2010, 02:55 AM   #696
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I think Shap wish he haven't gone after these people from start. Let see what we learn from this thread:

Downside:
----------
1) Shap and Twistys reputation tarnish
2) More people dropping Twistys as long as this thread is bumped
3) Mission not accomplished: hardsextube and a bunch of sextube and gaytube domain still haven't yet been shutdown (check it out yourself)
4) His lawyers is enriching themselves. This money could have well spend on promotion for affiliate webmaster


Upside:
-------
??????
None that I can think of.
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Old 03-16-2010, 09:36 AM   #697
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I hope they invalidate his trademarks
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Old 03-16-2010, 10:13 AM   #698
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Originally Posted by SleazyDream View Post
i've been thinking about this a lot. I'm not one to suck another's cock
that seems to be exactly what you are doing
Quote:
Originally Posted by SleazyDream View Post
Fuck all you no name thieving trolls
actually he has a name he has a domain he has a trademark and furthermore he never tried to steal anything , it was twistys trying to steal his domain

Quote:
SexTube did not exist before shap
no domain names exist before someone registers them

Quote:
he trademarked it and all you morons had the right to contest the trademark.
he trademarked sextube not hardsextube, not hard to figure out , they are different domains. kinda like sleazy.com was registered well before sleazydream.com , does not give sleazy.com the right to take sleazydream.com
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Old 02-08-2012, 07:18 PM   #699
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Son, I am disappoint.
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"I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."
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Old 02-08-2012, 08:01 PM   #700
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700 Motherfuckers!
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