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-   -   News WIPO orders transfer of PinSex.com & PinGay.com to Pinterest (https://gfy.com/showthread.php?t=1149190)

InfoGuy 09-03-2014 02:12 AM
WIPO orders transfer of PinSex.com & PinGay.com to Pinterest
 
Pinterest, Inc. v. Pin Digital SL (WIPO Case No. D2014-1067)

Quote:
The website "www.pinsex.com" has had approximately 48.8 million visits since it became operative, with almost 70,000 registered users from all over the world. In the last three months "www.pinsex.com" has received over 99,000 daily visits reaching its highest peak in February 2014 with 550,000 visits in one day. The website "www.pingay.com" has had approximately 3.4 million visits since it became operative, and has almost 3,000 registered users from all over the world. In the last three months "www.pingay.com" has received over 12,600 daily visits, reaching its highest peak also on February 2014 with 506,045 visits in one day.
Quote:
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain names <pinsex.com> and <pingay.com> are transferred to the Complaint.
My guess is Pinterest is going to use this win as the basis for additional UDRP filings against clone sites.

AdultKing 09-03-2014 02:38 AM
I predicted two years ago that the time would come where Pinterest would get legal on clones, especially those using portions of it's domain name in variations.

I suspect they'll become more aggressive now after these decisions.

Markul 09-03-2014 03:15 AM
Does pinterest even allow you to post porn on their website? Oh wait they don't. I guess they just snatched a business for "free". Let us see if that is not circumvented somehow.

just a punk 09-03-2014 03:22 AM
How about sex.com? Or maybe in the States it is possible to get a copyright on a dictionary world like "pin", "book", "car"? Can I reserve the articles like "a"?

just a punk 09-03-2014 03:25 AM
Actually that's a very bad news, because it seems I will have to remove pinsex.com from my xPinner plugin for WordPress.

xpimp 09-03-2014 03:57 AM
Based on the same concept, youporn and porntube should have disappeared long time ago.

Very sorry for the owners who took this unfair beat!

It s incredible what piles of cash can do

AdultKing 09-03-2014 04:04 AM
Quote:
Originally Posted by xpimp (Post 20214174)
It s incredible what piles of cash can do
A UDRP complaint costs less than 5000, often as little as $1500

Perhaps $10,000 - $25,000 in research, legal fees and submission by legal counsel.

Certainly not a pile of cash and much less than most legal recourse one can take.

http://www.wipo.int/amc/en/domains/fees/

xpimp 09-03-2014 04:07 AM
Quote:
Originally Posted by AdultKing (Post 20214179)
A UDRP complaint costs less than 5000, often as little as $1500

Perhaps $10,000 - $25,000 in research, legal fees and submission by legal counsel.

Certainly not a pile of cash and much less than most legal recourse one can take.

http://www.wipo.int/amc/en/domains/fees/
Thx, i didn t knew that. So i guess paying even 25k for all the package it was a very small loss for pinterest, in case if it failed. The taken risk was worth for such small sum of money for them.

AdultKing 09-03-2014 04:12 AM
Quote:
Originally Posted by xpimp (Post 20214180)
Thx, i didn t knew that. So i guess paying even 25k for all the package it was a very small loss for pinterest, in case if it failed. The taken risk was worth for such small sum of money for them.
In my opinion, sites using a variation of the brand name Pinterest (even if it is just Pin) who are running Pinterest type sites should rightly be deemed to be infringing upon the rights of Pinterest.

Registration of patents is not always necessary for the protection of a unique idea, if Pinterest can show that sites using a Pinterest style interface are infringing upon it's prior art then all sorts of sites could be in trouble.

Intellectual Property law does not always seem fair at first glance, but really if you're trading off the back of the popularity of another site your view of the matter will depend upon whether you are the infringer or the victim.

I am sure that if any of the posters in this thread created something unique and every man and his dog copied that unique idea then you'd probably be wanting to take action too.

However in this case the UDRP complaint was on the basis of a number of factors, it prevailed.

Captain Kawaii 09-03-2014 04:17 AM
Quote:
Originally Posted by AdultKing (Post 20214183)
In my opinion, sites using a variation of the brand name Pinterest (even if it is just Pin) who are running Pinterest type sites should rightly be deemed to be infringing upon the rights of Pinterest.

Registration of patents is not always necessary for the protection of a unique idea, if Pinterest can show that sites using a Pinterest style interface are infringing upon it's prior art then all sorts of sites could be in trouble.

Intellectual Property law does not always seem fair at first glance, but really if you're trading off the back of the popularity of another site your view of the matter will depend upon whether you are the infringer or the victim.

I am sure that if any of the posters in this thread created something unique and every man and his dog copied that unique idea then you'd probably be wanting to take action too.

However in this case the UDRP complaint was on the basis of a number of factors, it prevailed.
From reading the article it seems if you are going to skate around a websites name its also not a good idea to mimic the concept, function or look. That seems to be what fuked the respondent.

AdultKing 09-03-2014 04:18 AM
Quote:
Originally Posted by Captain Kawaii (Post 20214187)
From reading the article it seems if you are going to skate around a websites name its also not a good idea to mimic the concept, function or look. That seems to be what fuked the respondent.
Correct.

Barry-xlovecam 09-03-2014 06:39 AM
Quote:
It is well established that generic Top-Level Domains such as ".com" may be disregarded in the assessment under paragraph 4(a)(i) of the Policy (e.g. Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003). This means "pinsex" and "pingay" need to be compared to the Respondent's trademark.
The above is a much more interesting point made. The inclusion of the gTLD string is excluded from ''assessment''.


Usually, barring extreme circumstances, registered trademarks ? trump common law trademark claims. The other 2 criteria: confusingly similar and unauthorized use claims are sustained without controversy.

Prior use does not establish "common law trademark." Branding, public awareness and use might but against a registered trademark -- you lose.

As a trademark holder and domain holder, more importantly a brand owner, this is seen as a favorable decision. Pinterest is not doing business on the backs of pingay.com and pinsex.com it's quite the opposite in reality. pinterest.com has millions of users daily, is branded and is an Internet ''icon."

Biggy 09-03-2014 07:23 AM
Can't say I'm sad, almost all of those sites are infringement that give little to no credit to the source of the content.

Somewhat fitting end to these sites in particular.


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