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Need advice on my website, MartinaWarren.com.....
Hey, you guys, its been a while since i posted on this posted on this board. Needed some advice if you guys have time. Its regarding my (old) website MartinaWarren.com.
My ex husband, Warren took it from me, a couple of years ago. During my divorce, i didnt ask for anything and pretty much left with nothing, just to get away. (i know i should of tried to fight) He owns the domain, though, i did all the work. Im sure you guys have heard all this before a thousand time from different girls, with guys fucking them over... Anyways I just found out that he still getting paid from ccbill to my name, my account, to his address and he's cashing the checks in is account, even though i sent a termination fax for my account to ccbill last Nov 2007. Is it possible they didnt get my fax? Or does he have too many friends there at CCbill? Either way im gonna send in the fax again now i found out. Im sure he barely makes anything from that site anyways, as i havent updated the site since i left 2 years ago. And he doesnt know code..... But what i really wanna know, could i trademark my name, so he would have to take the site down, and stop pretending to be me? I hear he is still contacting models saying he is still married to me, so he can shoot with them, and put them at ease Thanks in advance for your help :winkwink: Martina |
yaawnnnnnnnnn
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Help from someone who isnt a surfer???
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Sounds like a mess. I did a quick search and it doesn't seem like "Martina Warren" is trademarked. Not too sure how trademark law works in regards to the trademark being registered after the domain itself, but I would think you would have solid ground in court considering the circumstances.
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..and you still promote that site in your sig?! roflcopter, lollercoaster.
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so you single now?
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i'd make 2 calls tomorrow
1st to ccbill asking why they didn't honor your request fax 2nd to an attorney good lcuk |
if everything is registered to him including the content, you could be fucked. he will say that while you were married, the site and ideas were his and you were the model. im guessing he probably say something like while you were married he would give you X% of revenue from the site.
IMO, the chance of you getting any money are pretty much nada. As far as CCBill goes, they may have gotten the fax and requested documents from him to show that he owns the site. you should of followed up to see what happened shortly after, but yeah, we all make mistakes and let things fall off the plate. what are you trying to do? take back the site or just have it shut down? if you want it shut down i would hire an attorney to have him produce the docs for the photos, if not sue him to have it shut down. otherwise, i would just let it die. you will spend way to much money that its worth trying to trademark your name and get the site. Ive seen and heard of this a few times and never worked out well for people in your case... sorry :Oh crap |
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And yes, ill be calling an attorney.... |
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actually i was wondering why you didnt post this earlier...
edit: since he said something in January that your marriage is over anyways... |
This is the last place you should come for legal advice, contact a lawyer :2 cents:
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Cause im an idiot and my ex has been promising to sell my site and send me half, which i believed in the beginning. Never happened... And even if it ever did now, hes now saying i wont see a penny, due to me finding a new partner... |
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so your not single?
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If He Owens the TM I would just start a new site..
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Will you now be known as "the model formerly known as Martina Warren"?
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So the checks are made out to your name and he is cashing them? Why not just have the account switched over to your current address and cash them yourself? Seems easy enough.
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is there 2257 and model releases on all the sets that are out there?
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Get a lawyer involved and stay off gfy about this matter:2 cents:
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Hi Martina, Long time no speak! I hope you are well.
I'm no lawyer, but I think you are out of luck. If your husband owns the domain and owns the business, or if he has the contract signed with CCBill, then he is always and forever, the payee of that account. Even though its you in the pictures and even though you may own the name, your hubby still makes the $$$. Here are a few ideas for you: - Contact a lawyer and ask for his advice. I recommend that you get in touch with J. D. Obenberger. He's very well known in adult, and a very, very smart man. I think he can help you out. - Register a new name such as TheOfficialMartinaWarren.com or something like that. Don't take on any partners. Make sure the name is in your name and your name only. Control your name, control your content, control your brand, and control your business. Hire a PROFESSIONAL Web designer such as Michael Plante ([email protected]) to make your site for you. Then let your fans know that the only REAL place to get NEW content is from YOUR "OFFICIAL" site. Fans love the girls in the photos, and they love the girls even more when they are the ones in control. If you really have no interest in doing your own site anymore, you could always just ask your hubby to take it down, or ask for a least a cut in the revenues its generating. If that doesn't work then consider a lawyer as I mentioned above. But like I said if he owns the content, and the domain, and the company the purchases are being paid out to, you're probably shit out of luck. Good luck Martina! |
Who are the adult industry lawyers around here? Sounds like you could use one.
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Thank You so much for your advice. I've been talking to a third party and will be taking legal action.....
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If he has been cashing checks, you are entitled to at least half I'd imagine. I would get as much documentation from CCBill as you can about how much they've paid over the last couple years. If it's a signifigant amount, you definitely should take legal action. Even a small amount you can go to small claims.
The trademark is interesting as well. If you own that you have a right to that domain. The cheapest way is through UDRP. http://www.icann.org/en/udrp/udrp.htm It's $1500 for them to review which is much cheaper than some lawyers. If that doesn't work, you can go the lawyer route. It's tough to give more advice without knowing more about your divorce agreement or business relationship with your ex-husband (who owns what essentially). If it's substantial money on the line, you definitely should sit down with a lawyer and get some advice. |
I have just spoken to both Martina and Warren on the phone.
They both feel that the best way to deal with this is through their lawyers. Thread closed at the request of Martina. |
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