Important Information regarding domain homegrownamateurs.com
 

are you kidding me with this. What is next trying to clam cumshot trademark? and get your date right. That was 2 months ago.

Dear Sir,

We are the proprietor of trademark registration no. 2651798 for ?Homegrown Video?. Details of this registration are set out below.

Widespread use of the Homegrown Video trade mark has been made, to the extent that this trademark has acquired an extensive reputation and goodwill. The Homegrown Video trademark is, accordingly, also a well-known mark for all relevant purposes of trademark law. We are bound by an obligation to protect our trademarks and copyrights.

It has come to our attention that you are using the term ?Homegrown? to describe adult entertainment products and services. As a result, this trademark is confusingly and/or deceptively similar to our ?Homegrown Video? trademark and also constitutes a reproduction or imitation thereof.

In the circumstances, your use of the ?Homegrown Video? trademark will constitute an infringement of our registered and common law rights.

In the circumstances, we demand that you immediately:

1. Cease all use of the trademark Homegrown Video;

2. Deliver-up for destruction all material to which the Homegrown Video trademark or any other mark confusingly or deceptively similar to our trademark has been applied;

3. Withdraw, cancel and/or delete any corporate names, domain names, trademark applications and/or trademark registrations for or including the Homegrown Video trademark;

4. Undertake, in writing, never in future to make any use of the Homegrown Video trademark without prior written authority from us, whether within any corporate name, trading name, trading style, domain name or otherwise.

5. Transfer of domain

We await to hear from you by no later than close of business on12/07/2011. No response will be regarded as a deliberate abuse of our Trademark and we will seek full legal remedy. Therefore, we urge you to contact us immediately to determine a mutually acceptable resolution that helps avoid litigation. Please understand we are obligated to protect our mark and will do so vigorously.

I'm pretty sure if you talk to them, they will be glad to work with you as I had a similar issue. :pimp

I don't think that they have a leg to stand on.

maybe they meant 02/07/2012, which is tomorow...

that would be the second of july here.

Far out.

Homegrown is trademarked when used in adult context
 

Well, now that we know how you are going to respond I think it is safe to say that you just dug yourself in pretty deep.

Yes, we can and do have a trademark on "Homegrown" when it is used in any adult context. Why don't you consult with an attorney and found out how much of a leg you have to stand on before you go incriminating yourself on a message board...

After you do that... then ask yourself, do you want to do this the hard way or do you want to do this the easy way where it is mutually beneficial?

You are already on notice so I guess you should already guess that the clock is running on time to decide.

:2 cents:

And that is where you would be not only completely wrong, but absolutely ignorant. Why don't you ask any of the people that we have pulled domains from?

This is very familiar territory for us. There are not many adult companies that have protected their marks as vigorously.

:321GFY

I would take them to court. they dont own the tm "homegrown" so highly doubtful they will win.

now if you are pushing their content with that branding, then you might be fucked

homegrown is pretty generic tbh.

Lets be honest here...the purpose of trademark registration is to avoid brand confusion within an industry by use of similar product identifiers.

Homegrown built their business on amateur adult video and you try to launch homegrownamateurs.com and pretend to be surprised by this? This is CLEARLY an effort to misidentify your product with theirs.

giving you the benefit of the doubt maybe you had no idea that homegrown video exists or maybe you thought they didnt register the trademark (which wouldnt nullify their claim anyway) but as is said...ignorance of the law is no excuse.

give it up and be glad they arent asking for compensatory damages.

If you have a law degree specializing in trademark law you should ask for a refund from wherever you got it...this is open and shut

Because "Homegrown Video" is a well known brand of adult web site, they _might_ win in court. If some webmasters, on reading your subject line, thought this post was probably about a new amateur site from Homegrown Video, that's one leg to stand on.

A judge or jury would have to decide whether they also have another leg, or if they fall on their ass like a one legged man. They definitely have enough of a case that it's time to stop posting and either speak to a trademark attorney or make a deal.with them.

I'm not saying they WOULD win, but their case is not without any merit and they MIGHT win.

it most definitely is yes and so is video! so homegrown video is as generic as it comes

but on the other hand "apple" is pretty generic as well and so is "computer"

now try and use apple computers for some site where you sell notebooks :2 cents:

You wouldn't take anyone to court so stop spouting off like you would. You have zero clue. We have a long history of successfully taking these "homegrown" domain back so sit down and pay attention, you might actually learn something.

If it was a domain like "Homegrowntomatoes.com" with zero adult content then we would not have a dispute. Put "homegrown" with anything remotely close to adult and we are all over it.

You might not like it but I don't like people that act like they have the balls to "take them to court" either so we are even.

Do your homework. You will see that we do "take them to court". You will also find that ICANN has sided with us repeatedly in these matters. Go ahead and feel free to test it out. You may learn the hard way but at least you will get a first rate education in the school of hard knocks.

Ridiculously bad PR and two posts that will certainly make the jury fall in love with you. :facepalm:

Thanks, that is well put and hopefully makes these chuckleheads realize what's up. Now if you could just help them realize what is at stake in a willful infringement...

everyone is entitled to their own opinion :2 cents:

no need to get harsh with me fella, but i still stand my ground and say if taken to court, you would NOT win. it doesn't involve me, so I am just giving my :2 cents: to the OP since it seems by him posting here, he is upset that you are trying to take something from him that he spent time creating. I didnt check his site nor yours, so just making an observation

Nasty Dollars has "Nasty Dollars" trademarked, so you think anyone using the word "nasty" in their content or domain would fall under the same theory? I dont think so.

I spend enough time watching law and order, so I stand by my call :thumbsup

http://nissan.com/ -> http://www.digest.com/ :thumbsup

not exactly the same industry (duh) but Nissan is still fighting them on the domain. I wonder what would happen if they decided to sell cars on that site...

Go back to pretending to know what you are talking about. Our affiliates and other business relations certainly appreciate that we vigilently protect our marks since they know that is to their benefit too.

Do you want to further prove your ignorance or can we just leave it at that last post and call it good for nothing?

Oh snap, lol. :1orglaugh

Ok dude-fella-man. You go back to getting your legal advice from tv shows and I will keep working with the top IP law firms in the country.

You go ahead though; tell it like it is! Power to the people! Right on! Why don't you ask Nasty Dollars how they feel about their mark being infringed up then we can discuss it further.

He feels bad about something he created? Are you kidding me? HOMEGROWN VIDEO WAS AN AMATEUR BRAND BEFORE YOU WERE EVEN BORN MOST LIKELY. Homegrown Video has been working on that brand identity for 30+ years. How much time did he put into building it?

:1orglaugh

so if the OP is selling tomatoes on homegrown.com and was doing this before homegrownvideo.com was selling porn on their domain then this somehow would have been related :1orglaugh

At the end of the day these matters all come down to how badly you really want to spend money on lawyers, tie yourself up in a court battle and burn resources fighting for a domain? If the domain isn't earning you anything, going to battle as matter of ego is foolish. However, if the domain is making you a lot of money, that also probably strengthens their case against you.

The main point is that trying to resolve matters like this on GFY (or any other message-board) is just about the worst thing you could do. Speak to a lawyer and speak to homegrown.. but do it privately and professionally.

This won't ever go to court. Don't you have a "hot or not" thread to go post in or something? I am sure your opinion will find much more value there.

It is nice to see there are still actual business minded people on GFY. All hope is not lost. :thumbsup

I'm not giving ANY advice there home slice, just giving my :2 cents:

http://4.bp.blogspot.com/_I_oZbwR4aV...ningRetard.jpg

:thumbsup

yeah they just resent it with the proper date

if he is advertising homegrown i have no idea why you would want to take the domain. if not, i could see i suppose.

He is not. And if he was then we have an established protocol for that to make sure there are no issues and insure that we can mutually profit. Like I said... easy way to both our benefits or the hard way...

not resolving matter on GFY. Letting everyone know providing transparency to other about this issue. I certainly never realized or I would have been promoting their affiliate program on there.

Definitely. I'm not your lawyer but I don't think you have a good claim on the domain. Further I thought I heard once that one could turn around and sue you if it is found that the claim is frivolous. There are also other words which might possibly apply to an action such as this... Frankly what you quoted here makes me think you basically just want his domain and are hoping he will give it to you simply by putting a little pressure on him.

You don't own the trademark to Homegrown Amateurs. "Homegrown" is a common word in the dictionary. This makes you look bad to me. That's my opinion.

We have done some link deals in the past and you never seemed like the kind of person who would intentionally steal someone's mark. I can understand the shock of feeling surprised by something like this, but you'll be better off handling it privately and trying to reach some kind of mutual agreement.

They protect their brand and need to do it every time whether you knew or didn't know. So, make it easier for them to protect their brand and they may make it easier for you to protect your own interests as well. :2 cents:

You should talk to a trademark attorney then. "Looking bad" to you is not something that will take priority over protection of my mark. You are entitled to your opinion, but in matters like this, you had best come prepared with actual advice from knowledgeable counsel... otherwise you just look unprofessional to me.

That is the nicest trademark infringement letter I have ever seen.

"Therefore, we urge you to contact us immediately to determine a mutually acceptable resolution that helps avoid litigation."

Something they don't have to do.

Also, they are required to protect their mark to keep it so it's not like they can just let you slide without something on paper.

Cheers

I work in the amateur niche and I would never consider registering a domain with the word "homegrown" in it, just like I would never register domains containing "playboy" or "hustler" :2 cents:

You keyboard warriors are great with all your speculations about lawsuits and what can or cannot be trademarked. How many of you actually ever had to defend your marks? Oh, sorry, how many of you actually have a trademark to protect?

We have done this for years. We don't take it lightly and we actually have "taken things to court". We have fought and won lawsuits against companies with very deep pockets and in fights that lasted years. We don't casually make threats. We also always give people the choice to work things out to a mutually beneficial arrangement.

So, instead of beating on me with your baseless hunches go get a clue then we can figure out how to resolve this - professionally.

First, I am no expert in trademark infringement, etc. I'm actually thinking this is in Homegrown Video's favor, as "homegrown" isn't a frequently used descriptive word in adult (aside from HV, of course). If I saw a domain called homegrownamateurs, I would assume it to be related to HV, because they've branded themselves so well in adult, specifically the amateur niche.

However, Far-L, I'm in disagreement with your claims about Nasty Dollars and their trademark. Unless I misunderstood what you said, it seems you are stating that any domain using "nasty" in an adult context is infringing on Nasty Dollars' trademark. "Nasty" is a far more generic term in adult than "homegrown," so I believe what applies to your trademark doesn't apply to theirs. Nasty Dollars' trademark applying solely to the word "nasty" in the adult industry would be akin to you guys actually being granted a trademark on "amateur." Take my name for example: "Naughty Visions." When I decided on this name, I honestly had no idea who Naughty America was (I know, they've been around for ages, but it's true). When I "discovered" NA, I paniced a bit. I did worry about whether they would find my name to be infringing on theirs. But in the time since, I've seen tons of other companies/people using "naughty" in company and domain names. With words like "naughty" and "nasty," I think it's more of how the use is represented. Whenever I register a domain with "naughty," I pause and think if it would seem like something NA would do. In addition, I make sure that my logo/lettering looks nothing like their logos/lettering. I'm probably a bit too paranoid about it, but I'd rather err on the side of caution as to not step on toes. (Any Naughty America reps here to tell me I'm cool? :winkwink:)

Anyway, my point is that I think (and I'm no one when it comes to IP law), I think that "homegrown" is enough of a unique (and branded) term for this to go in Homegrown Video's favor. I mean, think about it, when you mention or talk about Homegrown, a lot of the time you don't even include the word "video." But, you don't refer to Naughty America as "Naughty," or Nasty Dollars as "Nasty."

/end non-legal advice ramble

Far-L, take it down a notch. You know how shit goes on GFY. :1orglaugh

I'm curious though, what kind of mutually beneficial arrangement can you offer in cases like this? I understand if you can't / won't answer.

Thanks. That is definitely a compliment I accept most graciously since that was the point of what we were trying to do.

off topic:
OMG I remember speaking to Mr Nissan years ago.When I was doing affiliate deals with a main stream company I worked for at the time. We did insurance quotes and my job was to pitch sites below a 5k ranking in webtrends. The site doesnt look much different than all those years ago. lol He didnt have ads on it back then. He was a very nice man on the phone.

He must be ranking on the search results if you are making a big deal over this? What about: Homegrown girls, homegrown porn, homegrown babes, homegrown teens, Homegrown women, Homegrown Porno, Homegrown Ladies, Homegrown Sluts, etc.

Homegrown is even the title of a mainstream movie: http://www.imdb.com/title/tt0119305/
And also the title of multiple music albums as early as the 70's.

Look what else there is: http://en.wikipedia.org/wiki/Homegrown

In addition: "Homegrown may refer marijuana grown for personal use."

Your claim is ridiculous in my opinion. I can't blame you for trying though. Most would simply hand it over. I see he comes up #1 for "Homegrown amateurs" in Google now.

It's not the "homegrown" part, it's "homegrown" in conjunction with amateur porn that makes it almost certainly infringing. That's just how trademark laws work.

Honestly, I would assume all of those domains to be associated with Homegrown Video. Your capitalization of the word "homegrown" would imply that even more.

He already said that it only applies to adult. :2 cents:

Sort of how it was stupid for Vivid to send a cease & desist to HTC over their "Vivid" cell phone.

Thanks, I appreciate your even-handed response. I don't know how Nasty protects their marks which is why I suggested that someone ask them. I just know about our mark and the efforts we have made over the years protecting it.

The most telling point I can possibly make is that we have NEVER lost a dispute regarding our trademark. There may be any number of reasons for that but most important to understand is that we take this stuff very seriously.

Far-L, here's a question for you and your lawyer:

http://en.wikipedia.org/wiki/Homegrown

Look at all the music albums named "Homegrown" as well as the festivals with that title. Now clearly these are all within the same industry. There are many. Now why haven't they sued one another for this already? I mean it's the same exact name within the same industry. Yours isn't even an exact match. Please explain how yours is a different case and how it is more enforceable.

If you had a clue then you would realize what a favor you are doing me right now. Thanks! :thumbsup:1orglaugh

Not familiar with any of the parties involved here but if it was me and I could afford it I'd take my chances in court, since they seem to be betting you won't.

If they act like bullying dickheads in court like they are acting in this thread, and you keep you cool you might be able to convince a jury that claiming generic terms as trademarks and using that to extort others is bullshit - since that is the actually the truth.

They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.

There was a record label in Canada called Homegrown, no adult connection, and we never had an issue with them either.

Do me a favor and talk to someone in IP law. It will make the conversation much more useful than just hearing you armchair quarterback this like you have a clue.