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-   -   News After 6 Years Owner Of The Adult Site Brazzers Files UDRP Against Affiliate Brazers.com (https://gfy.com/showthread.php?t=1162122)

ErectMedia 03-01-2015 06:15 AM

After 6 Years Owner Of The Adult Site Brazzers Files UDRP Against Affiliate Brazers.com
 
After 6 Years Owner Of The Adult Site Brazzers Files UDRP Against Affiliate Brazers.com

Markul 03-01-2015 06:51 AM

Sign of the times...

Oracle Porn 03-01-2015 07:15 AM

thats why they sent all those emails to everyone thousand of times about a month ago

Ramster 03-01-2015 09:04 AM

When you think about it why pay an affiliate half of all sales and rebills when the affiliate is using a typo of their registered trade mark? I wouldn't. That is about as blatant a cyber squatting case there is. I'm surprised they've been paying him this long lol.

L-Pink 03-01-2015 09:17 AM

Quote:

Originally Posted by Ramster (Post 20406738)
When you think about it why pay an affiliate half of all sales and rebills when the affiliate is using a typo of their registered trade mark? I wouldn't. That is about as blatant a cyber squatting case there is. I'm surprised they've been paying him this long lol.

In the US you must take action to protect your trademark. Doing business with and paying someone for years that is using a variation of your trademark is hardly protecting it. Hope they lose. Actually I hope their offices catch fire and the owners die in a car wreck but thats a different story.


.

TeenCat 03-01-2015 09:20 AM

so why it took that long? they didnt know? they did, just have been happy so far for the traffic. typo is not only about typo, but about making it seoed, with good serps, so people will come. there is few sales in typo, but tons in seo, just do your counts. also, why they havent protected their trademark and havent bought the domain before someone else did? also, what if some pirate buy it, put it in some server nobody can do nothing about it, and start selling full scenes through file lockers? affiliate is helping your brand, helping to send it to google, to get legit serps for your brand, helping to prevent it from use of pirate or fraudster, if you are not able to buy it yourself ... it is not a win, go against affiliate, who helped you for six years getting sales through something you forgot to protect ... :2 cents: have a nice sunday everyone :)

TeenCat 03-01-2015 09:32 AM

it is really great that something so important for you so you must make legal steps because of it, was not that important those years ago, when you forgot to register it ... it is sad, i am really sorry ... if its pirate, go for him, but if its redirect, or affiliate site, it is just sad ... :2 cents:

TeenCat 03-01-2015 09:34 AM

just think about it like a human, not like a lawyer who dont have nothing better to do so is losing his job ... :2 cents: just sad ... :2 cents:

InfoGuy 03-01-2015 09:53 AM

Quote:

Originally Posted by L-Pink (Post 20406746)
In the US you must take action to protect your trademark. Doing business with and paying someone for years that is using a variation of your trademark is hardly protecting it.

Trademark law is supposed to prevent competitors from tarnishing or diluting the owner's trademark rights. There's nothing wrong with a company licensing rights to affiliates or franchises. McDonald's allows thousands of franchised restaurants to use their trademark legitimately, without fear of losing or weakening their mark.

Captain Kawaii 03-01-2015 10:18 AM

Brazzers got some 'splainin' to do to the court about 6 years of payments perhaps. Doctrine of latches and all that. Will be an interesting case to follow.

L-Pink 03-01-2015 10:40 AM

Quote:

Originally Posted by InfoGuy (Post 20406779)
Trademark law is supposed to prevent competitors from tarnishing or diluting the owner's trademark rights. There's nothing wrong with a company licensing rights to affiliates or franchises. McDonald's allows thousands of franchised restaurants to use their trademark legitimately, without fear of losing or weakening their mark.


Correct. But you have to aggressively protect your trademark should a violation come to your attention. Allowing a "violation" to not only exist for years but to cut a monthly check to the "violator" is hardly aggressively protecting the trademark. In fact is sure appears they condoned it's use.

The Porn Nerd 03-01-2015 10:54 AM

Wasn't there precedent set already tho? Wasn't there another case a few years back where a domain got all their affiliates' domains transferred over to them? I seem to remember some discussion that this may even be a new business strategy. Let the affiliates build up traffic/sales/seo then take the domain away from them.

247mg 03-01-2015 11:10 AM

There must be a hidden story behind this that's wht they doing this!

beks001 03-01-2015 01:24 PM

I'm sure something is missing here. Agreed with the basic trademark protection procedures comment. Pretty basic stuff.

AdultKing 03-01-2015 01:37 PM

UDRP != US Trademark Law.

It doesn't matter if it's one day or one decade, if the domain is being used in any way which infringes on the rights of the applicant then the UDRP gives the applicant every right to file a UDRP complaint.

I see no problem with this. Forget that it's MindGeek for a moment and consider this objectively then think about if you were the affected party.

To me it's a clear case of infringement.

Bladewire 03-01-2015 04:28 PM

Quote:

Originally Posted by InfoGuy (Post 20406779)
Trademark law is supposed to prevent competitors from tarnishing or diluting the owner's trademark rights. There's nothing wrong with a company licensing rights to affiliates or franchises. McDonald's allows thousands of franchised restaurants to use their trademark legitimately, without fear of losing or weakening their mark.

I completely agree :thumbsup

I had an affiliate do the same thing. No work involved other than paying the domain registration fee and forwarding the mistype to my site, with his affiliate cookie of course.

I'm not employed by MindGeek so I'm going to disclose very little here. Someone there didn't do their research or they would have UDRP'd the more closely related domains that he owns. One was purchased a year after Brazzers went live. One forwards to Brazers.com which obviously forwards to Brazzers.com. Another domain closer to Brazzers goes directly to a virus now, another to cam sites, another went to Bang Bros. etc. etc.

So MindGeek, get more brains. You now know registrations were done by him AFTER you went live online, as well as before, with even more similar domains, and now at least one forwarding to a virus site, damaging your brand.

Feel free to thank me anyone who uses the info, publishes it on their blog, or follows my breadcrumbs to learn what I already know. :thumbsup One thing I learned after busting my ass for days to find, and publish on GFY, the Acacia Prior Art that sunk their ship in 2003, people take the info, maybe say thanks, it saved them God knows how much money, and I never saw a dime or got offered a job or partnerships, or free advertising. The only person that showed concrete appreciation was Paul Markham. He gave me $1,500 of free content of my choosing from his store. I'll never forget that. :thumbsup From that I've learned I'd rather just get paid.





TeenCat 03-01-2015 04:36 PM

lol guys, can someone explain me, why dont you buy the domain yourself, if you have problem that someone else is using it? you will just leave it alone, see if someone develop it and put traffic on it, then just take it from him? and, if the guy do not develop, just leave it unregistered and hope someone will register, develop so you can take the site? come on ... :2 cents: it is about thinking business, if you have affiliate who is doing his best, why just dont work with him payouts like 30% instead of 50%, on that domain/campaign? that is business wise both ways ... otherwise it is just crying that you have been slow and didnt seen something like typo domains comming ... sad ... and, if some pirate or fraudster buy it somewhere in russia, you will just now cry like small kid and do nothing about it, seeing how somebody is purely parasiting and sending you no single hit ... oh, man ... :2 cents:

Bladewire 03-01-2015 04:55 PM

Quote:

Originally Posted by TeenCat (Post 20407040)
lol guys, can someone explain me, why dont you buy the domain yourself, if you have problem that someone else is using it? you will just leave it alone, see if someone develop it and put traffic on it, then just take it from him? and, if the guy do not develop, just leave it unregistered and hope someone will register, develop so you can take the site? come on ... :2 cents: it is about thinking business, if you have affiliate who is doing his best, why just dont work with him payouts like 30% instead of 50%, on that domain/campaign? that is business wise both ways ... otherwise it is just crying that you have been slow and didnt seen something like typo domains comming ... sad ... and, if some pirate or fraudster buy it somewhere in russia, you will just now cry like small kid and do nothing about it, seeing how somebody is purely parasiting and sending you no single hit ... oh, man ... :2 cents:

I like that you work hard and speak your mind honestly all the time, rare trait around here lately :thumbsup

I'm sure MindGeeks TOS state no typos, etc. They could always file a UDRP against the guy who owns Brazers.Biz, a malware site. Interesting choice of how they're choosing to begin the UDRP process.










lezinterracial 03-01-2015 08:53 PM

Quote:

Originally Posted by Markul (Post 20406666)
Sign of the times...

Yea, WGCZ sued and won xvideos.tv just this month. It seems like this suing in the US could open these guys up to lawsuits for all the stolen videos on their sites. I guess they feel pretty comfortable now.

Bladewire 03-01-2015 10:51 PM

Quote:

Originally Posted by lezinterracial (Post 20407184)
Yea, WGCZ sued and won xvideos.tv just this month. It seems like this suing in the US could open these guys up to lawsuits for all the stolen videos on their sites. I guess they feel pretty comfortable now.

I'd love to sue the site below at this point. They've dicked me around for over a year now, and the DMCA company I hired, at great expense of my time and money. It seems we were lied to about my companies content being taken down, you might even be able to say tricked with cookies.

If MindGeek foots the bill I'll provide more knowledge. I assume MindGeeks Men.com cares about their content being given away for free and/or for a membership fee by a non copyright holder. My skype is in the footer.



MindGeek might not even care about their Gay content for free, or pay, on a tube site. I hope that's not the case.






Markul 03-02-2015 07:14 AM

I can point to at least one scammer in this thread that is funded by ManWinning :thumbsup

This place is EPIC :D

Bladewire 03-02-2015 12:07 PM

Quote:

Originally Posted by Markul (Post 20407520)
I can point to at least one scammer in this thread that is funded by ManWinning :thumbsup

This place is EPIC :D

Adult King? No way! Seriously??

JFK 03-02-2015 07:03 PM

Quote:

Originally Posted by The Porn Nerd (Post 20406818)
Wasn't there precedent set already tho? Wasn't there another case a few years back where a domain got all their affiliates' domains transferred over to them? I seem to remember some discussion that this may even be a new business strategy. Let the affiliates build up traffic/sales/seo then take the domain away from them.

Fleshlight perhaps ? :2 cents:

blackmonsters 03-03-2015 04:56 AM

Hmmmmm, seems like redirecting is a method to protect TM; all typos get corrected to the proper domain.

Who has the right to own the domain is the question though.

freecartoonporn 03-03-2015 05:19 AM

you know its that time when affiliate sends more sales than inhouse traffic.

omgt 07-12-2015 07:19 PM

that link says 2 of them have been terminated

UDRPsearch - UDRP / WIPO / NAF / ADR.eu Domain Dispute Search



Quote:

Originally Posted by Bladewire (Post 20407049)
I like that you work hard and speak your mind honestly all the time, rare trait around here lately :thumbsup

I'm sure MindGeeks TOS state no typos, etc. They could always file a UDRP against the guy who owns Brazers.Biz, a malware site. Interesting choice of how they're choosing to begin the UDRP process.












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