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Old 03-03-2009, 04:59 PM   #101
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Originally Posted by Shap View Post
bros vs bros take care of business quietly and everybody walks away happy.
is it bad that juicy just sent me a cockmeat sandwich on facebook?

they really should police their apps over there.
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Old 03-03-2009, 05:00 PM   #102
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How is it a stab? The majority of people attacking me are either anonymous or gallery makers.
How are they anonymous? Because you don't know who they are personally, they are anonymous? I know of a few names here who are anonymous yet they push big numbers, and probably are some of your top earners, but because they don't flaunt their shit, they are anonymous to you, which in your words, is a nobody that you don't care about.
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Old 03-03-2009, 05:01 PM   #103
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I have nothing against you Shap - don't even know you - but you keep avoiding a direct answer to the following question....

now that you set your sights on 'hardsextube', do you now think that you own the rights to ANY domain name that has 'sextube' in it?

simple question, but you duck it - multiple examples have been given for active and non-active sites containing the word 'sextube'

people have a problem with the fact that you are moving against a high traffic site but (for now) are ignoring the others. Either you only want this site and all others get away with it (prejudicial) or you have further plans on taking them all (reverse hijacking on a massive scale)
Our lawyers have been sending letters for some time now. Hardsextube was not targeted in any way for his traffic. He happened to receive the letter and was vocal about it. Others have not taken this public.
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Old 03-03-2009, 05:02 PM   #104
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How is it a reverse hijack?
You are attempting to steal domains to which you have no rights, regardless of what your lawyers have told you. When you register a generic domain, the trademark does not belong to you. Don't believe me? Try having your lawyers enforce your trademark for "sex tube" and see what happens.

If you had registered "sexblog.com" back in 2000 and trademarked it, guess what, you'd have no right to take away domains with "*adult keyword*sexblog.com" in them. Any attempt to do so would be called "reverse domain hi-jacking."
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Old 03-03-2009, 05:03 PM   #105
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How are they anonymous? Because you don't know who they are personally, they are anonymous? I know of a few names here who are anonymous yet they push big numbers, and probably are some of your top earners, but because they don't flaunt their shit, they are anonymous to you, which in your words, is a nobody that you don't care about.
Anonymous meaning they have usernames names that say nothing about who they are, they have no site listed, they have no information on their site listed. So they run wild posting on gfy saying whatever they want and feel almighty and powerful because nobody knows who they are. That's what I mean by anonymous.
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Old 03-03-2009, 05:05 PM   #106
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Shap I stopped reading the thread after you said you had registered the sextube.com domain before even YouTube. Your position was clear to me then.

Perhaps though with the resolution you mention the 11 pager was a good thing. Sometimes it takes our peers (even if it gets a little brutal) to make us open to trying to really work things out. Also now we all have a good sense of where current passions lie in our community.

Cheers.
How is that possible? Personally i think any trademarks on tube names are BS, simply because the whole thing was ripped off from youtube.
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Old 03-03-2009, 05:14 PM   #107
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Anonymous meaning they have usernames names that say nothing about who they are, they have no site listed, they have no information on their site listed. So they run wild posting on gfy saying whatever they want and feel almighty and powerful because nobody knows who they are. That's what I mean by anonymous.
I agree there 100%. Anonymous attacks are given way too much credit around here and it's always been that way.

When Shap has something to say, he stands behind it. Everyone knows who he is and what sites he owns....and that was true even before he started Twistys. That's one of the things I've always liked about him.

Too many people create fake nicks just to start flame wars and/or spread false rumors about their competition. They can't do this with their real name or by letting people know what sites they own and who they work for...or else the reason for their attacks would become obvious. (Think of all the fake nicks in the hosting threads for instance. Someone who works for host A can't say host B sucks using their real name because they wouldn't have any credibility)

That's one of the reasons why "I'm Lenny2 bitch" has been my custom title the entire time I've had this "Snake Doctor" name....because I don't want people to think I'm hiding behind a fake nick.
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Old 03-03-2009, 05:17 PM   #108
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Old 03-03-2009, 05:34 PM   #109
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Here is SexTube.com in November of 2006



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In November 2006 we started actively using SexTube.com

Last edited by Ethersync; 03-03-2009 at 05:37 PM..
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Old 03-03-2009, 05:36 PM   #110
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Here is SexTube.com in November of 2006
LOL what is that supposed to prove?
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Old 03-03-2009, 05:42 PM   #111
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Here is what SexTube.com looked like until mid-December of 2006.
"The Largest Adult DVD Download Site"



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In December 2006 we launched SexTube.com tube site.

Last edited by Ethersync; 03-03-2009 at 05:44 PM..
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Old 03-03-2009, 05:44 PM   #112
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That people were searching for "sex tube" well before it was a tube, therefore its a generic term. Which everyone knows anyway

And yea I own a gallery builder, so is it anonymous posters and me the "gallery maker"? I just make galleries for my own sites, none of the typical submitting is involved. Why? For SEO. Take a nice generic domain, build galleries on it to boost page views and its pretty easy to rank for anything.
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Old 03-03-2009, 05:46 PM   #113
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LOL keep going a little more and you'll see the tube site in mid december ;)
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Old 03-03-2009, 05:46 PM   #114
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You are really burying me Ethersync. These screenshots are costing me affiliates. Please stop.
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Old 03-03-2009, 06:08 PM   #115
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Damn it. You've convinced my employees that you are right. Here is what they've been working on.
I was wondering when I would see that.. was told about it some time ago.. lol

I'm just going to wait for the Obama Domain name bailout...
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Old 03-03-2009, 06:20 PM   #116
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How is it a stab? The majority of people attacking me are either anonymous or gallery makers.
probably cause the ratios of gallery traffic is shit, I know several people who have top google listings for babe keywords, and push twistys, and the ratios really blow
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Old 03-03-2009, 06:24 PM   #117
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probably cause the ratios of gallery traffic is shit, I know several people who have top google listings for babe keywords, and push twistys, and the ratios really blow
We are working on that. We don't convert like gold for everyone. For those we do well with we do very well. For others it's hit and miss. We are deeply in need of an update to our tour which we are working on. My goal is always to make sure our affiliates are earning more every month
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Old 03-03-2009, 06:50 PM   #118
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Twistys converts better then some stuff, but I'd make way more off traffic searching for "sex tube" anyday.... Ohhhhhhhhhhhh now it all makes sense
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Old 03-03-2009, 06:51 PM   #119
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lets all mind our own business!
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Old 03-03-2009, 07:21 PM   #120
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I would not mind if Shap had the only tube site in the world. At least it would leave us with only one person to hate.
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Old 03-03-2009, 07:24 PM   #121
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I would not mind if Shap had the only tube site in the world. At least it would leave us with only one person to hate.
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Old 03-03-2009, 07:24 PM   #122
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lets all mind our own business!
This is everyone's business or at least everyone that owns generic keyword domains.
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Old 03-03-2009, 07:53 PM   #123
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Damn it. You've convinced my employees that you are right. Here is what they've been working on.
Nice! I want one with me but in Green or Blue. I dont think I can pull off pink on the darkside
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Old 03-03-2009, 08:50 PM   #124
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I'm in Brujah's same boat - a domain owner above all, though I'm not in the adult biz myself at all except for selling adult domains. My stance is that tube would technically not be recognized as a generic term meaning video site as of yet, and as such sextube is a legit trademark/brand and they would win based on first usage and first to trademark over hardsextube. Though that then brings up the question of whether or not since every tube site is clearly banking off of the overwhelming popularity of YouTube, could YouTube go after any tube site with You or Tube in their name based on the "confusingly similar" principal and bad faith? Lord knows PornHub would cheer as YouPorn and RedTube get snapped away, lol. Who knows, perhaps big G is waiting for someone else with a tube site and a TM to be the first to try and make a precedent setting case for the term tube not being generic for video site so that they can then march in and have a much easier case to make.

Anyways, MY issue is more with your ownership of typos/TM names of other companies. Whether you were to give them up to the TM/site owners or not in the past, you still have them and seemed to gloss over the ethics of having them. Another example in a different industry off the top of my head is FullTiltPoker - they own all kinds of typos of most other poker sites, and instead of going after owners of typos of their own site, they buy them up instead, which avoids hypocrisy.

Also, from the point of arguing that HardSexTube has illegal content and why anyone would defend them given that, you looked a bit hypocritical with the whole advertising on illegal tube site issue you just went through with people on here. One of the big things that can get on people's nerves are the rich/powerful that believe laws/rules should apply or not apply only when it suits them. We're stuck with an economic mess in the U.S. thanks to big corp execs and politicians like that.

Lastly, as others have indicated, you probably WOULD be better off letting all such sites simply operate as-is anyways because every large "_____SexTube.com" site would give you collateral traffic, and given you're a tube site as well, you could very well end up stealing some of their visitors from that. I realize that goes against the whole point of having a TM, but not every TM owner avidly goes after domains with the TM in them. Some are notorious for doing it (Olympics) and some others rarely if ever do it. It's hard to say given that that not going after a TM-infringing domain would indicate you're not protecting your TM.

Anyways, good luck with the whole situation and hopefully you do work out a deal where both sides are happy. I don't think you were deserving of all the drama the situation attracted, but hopefully now you realize even if you were to have sought out and won the domain, it would be a pyrrhic victory at best...reputation is generally worth more than money.
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Old 03-03-2009, 08:59 PM   #125
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Old 03-03-2009, 09:02 PM   #126
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Keep your head up high. I honestly don't know the situation but if you believe what you are doing is right, that's all you can really do.

As cheesy as it may sound, at the end of the day, its your life, and if you can live with the outcome of what happens, you will be a better person.
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Old 03-03-2009, 09:08 PM   #127
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I really don't think it would win in court but I guess you never know. Seems trivial to me.
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Old 03-03-2009, 09:08 PM   #128
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Good luck!!
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Old 03-03-2009, 10:29 PM   #129
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Protect your shit Shap!!!

Don't worry about what ANYONE says here. 99% of them who complain probably don't do business with you anyay.

This is just another board witch hunt.
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Old 03-04-2009, 12:52 AM   #130
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You are not protecting your trademark. Don't fool yourself into believing that. You are attempting to reverse hi-jack domains and that is unethical. That is what everyone has a problem with.
+1

Protecting your trademark is when you sue the guy who is printing T-shirts with your logo on it.

You should fire your lame lawyers now, they made you great loss for no gain at all. You just made ppl who love and respect you disappointed big time.
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Old 03-04-2009, 01:01 AM   #131
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i have 0 bro commitment
im a traffic guy, it affords me this
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Old 03-04-2009, 02:32 AM   #132
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My 2 cents on this: Shap stop replying.
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Old 03-04-2009, 03:33 AM   #133
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I've been 2 months out of the gfy and now I seen what new happens in this fucked biz.
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Old 03-04-2009, 05:43 AM   #134
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lol yes that is how the mob works to, 1st we threat you to take everything away from you and then we make a deal to you pay us and we will not kill you.

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We are working on a resolution that we will both be happy with. I believe we are on the same page and will have a resolution in the near future.
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Old 03-04-2009, 06:28 AM   #135
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Originally Posted by PornMD View Post
I'm in Brujah's same boat - a domain owner above all, though I'm not in the adult biz myself at all except for selling adult domains. My stance is that tube would technically not be recognized as a generic term meaning video site as of yet, and as such sextube is a legit trademark/brand and they would win based on first usage and first to trademark over hardsextube. Though that then brings up the question of whether or not since every tube site is clearly banking off of the overwhelming popularity of YouTube, could YouTube go after any tube site with You or Tube in their name based on the "confusingly similar" principal and bad faith? Lord knows PornHub would cheer as YouPorn and RedTube get snapped away, lol. Who knows, perhaps big G is waiting for someone else with a tube site and a TM to be the first to try and make a precedent setting case for the term tube not being generic for video site so that they can then march in and have a much easier case to make.

Anyways, MY issue is more with your ownership of typos/TM names of other companies. Whether you were to give them up to the TM/site owners or not in the past, you still have them and seemed to gloss over the ethics of having them. Another example in a different industry off the top of my head is FullTiltPoker - they own all kinds of typos of most other poker sites, and instead of going after owners of typos of their own site, they buy them up instead, which avoids hypocrisy.

Also, from the point of arguing that HardSexTube has illegal content and why anyone would defend them given that, you looked a bit hypocritical with the whole advertising on illegal tube site issue you just went through with people on here. One of the big things that can get on people's nerves are the rich/powerful that believe laws/rules should apply or not apply only when it suits them. We're stuck with an economic mess in the U.S. thanks to big corp execs and politicians like that.

Lastly, as others have indicated, you probably WOULD be better off letting all such sites simply operate as-is anyways because every large "_____SexTube.com" site would give you collateral traffic, and given you're a tube site as well, you could very well end up stealing some of their visitors from that. I realize that goes against the whole point of having a TM, but not every TM owner avidly goes after domains with the TM in them. Some are notorious for doing it (Olympics) and some others rarely if ever do it. It's hard to say given that that not going after a TM-infringing domain would indicate you're not protecting your TM.

Anyways, good luck with the whole situation and hopefully you do work out a deal where both sides are happy. I don't think you were deserving of all the drama the situation attracted, but hopefully now you realize even if you were to have sought out and won the domain, it would be a pyrrhic victory at best...reputation is generally worth more than money.
Great post.
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Old 03-04-2009, 06:51 AM   #136
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Old 03-04-2009, 07:00 AM   #137
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Desperate times call for desperate measures.
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Old 03-04-2009, 07:05 AM   #138
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Are you going after Choker's tube sites? How does he feel about that?
Are you going after WEGs tube sites? How do they feel about that?
I noticed you have not answered this question. So are you going after their domains too or is this just a selective process on what domains you want and who you want to take on?

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Old 03-04-2009, 07:05 AM   #139
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shap is now junk, asshole in my book, those kissing his ass are the same shit as him
these threads deliver.
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Old 03-04-2009, 08:14 AM   #140
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I noticed you have not answered this question. So are you going after their domains too or is this just a selective process on what domains you want and who you want to take on?

Gary
he already said he sent more letters, hardsextube was the only one to bring it to the board so far

maybe in the 1st thread if not in this one, i dunno,

shit usually has a way of working itself out

eventually it excretes itself out of the way
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Old 03-04-2009, 08:39 AM   #141
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Apparently hardsextube.ca already gave theirs up. It's on the same ns. as twisty's.

Domain Name: TWISTYS.COM
Registrar: INTERCOSMOS MEDIA GROUP, INC. D/B/A DIRECTNIC.COM
Whois Server: whois.directnic.com
Referral URL: http://www.directnic.com
Name Server: NS1.SWIFTWILL.COM
Name Server: NS2.SWIFTWILL.COM
Name Server: NS3.SWIFTWILL.COM

Domain name: hardsextube.ca
Domain status: EXIST
Approval date: 2007/11/17
Renewal date: 2009/11/17

Registrar:
Name: Tucows.com Co.
Number: 156

Name servers last changed: 2009/01/21
Name servers:
ns1.swiftwill.com
ns2.swiftwill.com
ns3.swiftwill.com
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Old 03-04-2009, 10:43 AM   #142
ThumbLord
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it could be just bought by Shap, alias?
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Old 03-04-2009, 11:17 AM   #143
ladida
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Posts: 2,167
He mentioned somewhere they .ca gave in and released the domain.
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Old 03-04-2009, 10:20 PM   #144
papill0n
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Posts: 15,547
11pages? I dont see any thread with 11 pages Shap????
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