Twistys abusing ICANN policies and pushing people around?

[Mr.Right - Banned For Life]

read this on another webmaster board:

Hello,

One of a big sponsor abusing the Domain Name Dispute Resolution Policies of ICANN to farm niche domain names and type in traffic.

Anybody had an issue like this and have a first hand experience how the DNDR works?

My domain is a registered trademark in hungary (hard sex tube), logo is also a registered trademark. An another sponsor have 'sex tube' what is a registered trademark too. They are sent me a mail to transfer my domains asap to them, because i cybersquatting sextube.com. Actually, i have registered hardsextube.com way before they filled the trademark in the United States and in Canada. I know other persons who got mails like this, with the same issue.

sextube.com
hardsextube.com

If you do a whois on sextube.com it shows that it belongs to Twistys. Remember the huge threads here when Twistys were taking heat for being in bed with tube sites? Looks like they are creating and huge network of their own tubes.

Anyway, the question i want to discuss: is it possible to trademark "sex tube" and then snatch similar names from other people? Seems pretty fucked.

[ExtremeBank_Adam]

[Shap]

Do you believe someone should be allowed to start twistystube? How about pepsitube?

We are just following our lawyer's advice and protecting our investments.

[DarkJedi]

sig spot installed

[webmasterchecks]

If you don?t vigorously protect your mark, you may risk losing this. Legal concept called latches

Laches, defense of
A defense based upon plaintiff's inexcusable delay in asserting or attempting to enforce trademark rights. This doctrine is based on the theory that equity rewards the vigilant and not those who slumber on their rights.
http://marklaw.com/trademark-glossary/G-L.htm

[Shap]

btw what board was that on?

[Mr.Right - Banned For Life]

Do you believe someone should be allowed to start twistystube? How about pepsitube?

We are just following our lawyer's advice and protecting our investments.

Yeah, that's totally fine to protect Twistys trademark, but why are you going for sites liek
hardsextube.com ? And other niche names? Did your lawyer advise you that?

It's on IQ69 board.

[Shap]

Yeah, that's totally fine to protect Twistys trademark, but why are you going for sites liek
hardsextube.com ? And other niche names? Did your lawyer advise you that?

It's on IQ69 board.

We have the SexTube and GayTube trademarks as well.

[Honez]

Pass it this way

[Cyandin]

If someone buys a domain, it's theirs - period. If a company is not smart enough to buy all variants of their domain up, or names that appear similar, then it's on them.

The arguments to the contrary are mostly those of big companies trying to bully the little guys out of good domain names.

I say it again - If you go to a registrar and they sell you an available domain, then it's yours incontrovertibly. The big guys can then suck it up and pay the new owner for it if they want it so bad.

[LeRoy]

Nice to see someone taking a stand on domain and search thieves for sure

[Cyandin]

Nice to see someone taking a stand on domain and search thieves for sure

There is no instance of thievery taking place here at all.

EDIT: The mere notion that hardsextube is somehow trying to cybersquat sextube is the dumbest thing I've ever heard. If nonsense like this held water, all you webmasters would be losing your asses to porn.com and sex.com under claims that you all are trying to rip off the guys with the two best adult domain names.

[Mr.Right - Banned For Life]

We have the SexTube and GayTube trademarks as well.

Yes, i understand that. It's covered in the first post.

I'm just dumbfounded by this. How can "sextube" or "gaytube" be registered trademarks? Isn't it the same as say, "freeporn" (which cant be trademarked)?

And taking away domains like hardsextube.com from people is totally fucked IMO. It looks like you trademarked your names just so that you can take away all the other names from people.

[PSSuperstars]

Can't they take it and push it towards another industry? And not be breaking the rules?

Like take hardsextube and turn it into something random and non sex related?

Even though that doesn't mak sense.. but doesn't the trademark only relate to the industry?

[count of monte cristo]

I say it again - If you go to a registrar and they sell you an available domain, then it's yours incontrovertibly. The big guys can then suck it up and pay the new owner for it if they want it so bad.

i want to hear you say that its cool if i start a hosting company with this domain

CHOOPAHOSTING.COM is available!

[Cyandin]

The domain purchasing system the world has been using for many years now is designed to be a fair, egalitarian system to allow any person or company to have equal rights and chances of getting a domain name. Anyone pushing against this is an enemy of the very nature of what the internet is supposed to be about.

[Shap]

Yes, i understand that. It's covered in the first post.

I'm just dumbfounded by this. How can "sextube" or "gaytube" be registered trademarks? Isn't it the same as say, "freeporn" (which cant be trademarked)?

And taking away domains like hardsextube.com from people is totally fucked IMO. It looks like you trademarked your names just so that you can take away all the other names from people.

We trademarked SexTube and GayTube for the same reason we trademarked Twistys. To protect our investments.

We registered SexTube before YouTube was even registered. Back then tube was not a common term used online.

I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.

[IllTestYourGirls]

i want to hear you say that its cool if i start a hosting company with this domain

CHOOPAHOSTING.COM is available!

Careful "hosting.com" is a registered trademark

[Mr.Right - Banned For Life]

i want to hear you say that its cool if i start a hosting company with this domain

CHOOPAHOSTING.COM is available!

CHOOPA is not a common word, but Sex and Tube are.

So while you can have a trademark on CHOOPA, i don't think you can have a trademark on Sex or Gay.

[count of monte cristo]

I'm just dumbfounded by this. How can "sextube" or "gaytube" be registered trademarks? Isn't it the same as say, "freeporn" (which cant be trademarked)?

its icanns decision, talk to them about it. You can send letters all day long but if they dont think there is merit, then it goes nowhere.

not sure why your blaming shap here

[Cyandin]

i want to hear you say that its cool if i start a hosting company with this domain

CHOOPAHOSTING.COM is available!

1. You have every right to buy that, and any other domain like it that's for sale.

2. As long as you don't infringe on the choopa logo or try to make your site resemble choopa's identically (essentially phishing them), then it's 100% legit.

If it was my company, like I said, I would buy all variants resembling my company or ones that resemble my brand image (choopahosting).

[Shap]

CHOOPA is not a common word, but Sex and Tube are.

So while you can have a trademark on CHOOPA, i don't think you can have a trademark on Sex or Gay.

Apparently the US and Canadian Trademark Office disagree with you.

[PSSuperstars]

We trademarked SexTube and GayTube for the same reason we trademarked Twistys. To protect our investments.

We registered SexTube before YouTube was even registered. Back then tube was not a common term used online.

I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.

Oh that's like when Wal-mart took the money from that injured womans.. and made her pay back some huge fee.. and they said, "We're just doing what our lawyers say to do..."

Are you so big that you forget what it's like to be a little person?
YOU"RE an amazing business person.. but that sounded assy... and like you're not one of the little people anymore.. It could've been worded with some more compassion.. definitely.

[PSSuperstars]

Sex Tube and Gay Tube do sound pretty common.. I bet if it was attempted to trademark it in this day and age where the words are more common... it wouldn't have happened...

I have no issues with the legalities of this.. that's the breaks...

But you guys sound really big and elite and assholish with how you're defending it

The whole, "We just do what the lawyers say..."

Think back 7 years ago.. and how would you have reacted to hearing AFF or Playboy or someone saying that?

[Shap]

Oh that's like when Wal-mart took the money from that injured womans.. and made her pay back some huge fee.. and they said, "We're just doing what our lawyers say to do..."

Are you so big that you forget what it's like to be a little person?
YOU"RE an amazing business person.. but that sounded assy... and like you're not one of the little people anymore.. It could've been worded with some more compassion.. definitely.

I understand that but put yourself in my shoes. Nothing I say will change what people think. So it really doesn't matter. No matter what I reply I'll get ripped.

[Mr.Right - Banned For Life]

I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.

I'm not here to debate with you either. I'm interested what other people have to say on the legality of trademarks like SexTube and GayTube.

Also, you pushing people around and taking away their domain ( like hardsextube.com ) doesn't paint you in a good light, to say the least.

[Cyandin]

Apparently the US and Canadian Trademark Office disagree with you.

Shap, you are right in that statement. However, I must ask

"Do you feel that trademarking a term like 'Sex' for specific online branding (sextube) entitles you to any rights regarding the mountain of other sites out there using the word 'sex' in their domain name? Secondly, do you feel that if indeed hardsextube was a registered trademark in Hungary before Sextube was a trademark in the US, that you really have an honest case and are in the right?"

I'm not trying to hate at all, and I always enjoy your posts, but I emphatically disagree with your position, and I'm trying to see where you're coming from here.

[PSSuperstars]

I understand that but put yourself in my shoes. Nothing I say will change what people think. So it really doesn't matter. No matter what I reply I'll get ripped.

True.

And by admitting this.. it makes you look like less of an asshole now ;)

[count of monte cristo]

its icanns decision, talk to them about it. You can send letters all day long but if they dont think there is merit, then it goes nowhere.

not sure why your blaming shap here

actually, i meant wipo rather than icann

but from re-reading the letter above, it sounds like shap is sending attorneys letters out asking for them to turn the domains over, which the receivers may or may not agree to do, but other than the attorneys request, they are under no obligation to turn them over

but you send a bunch of intimidating letters with attorney letterhead, you will get some domains turned over

[Brujah]

Do you believe someone should be allowed to start twistystube? How about pepsitube?

We are just following our lawyer's advice and protecting our investments.

That's not the same thing and you know it. "Sex Tube" is VERY generic. You know that. You're just being a bully if you're seriously trying to steal (yes, you're stealing) Hard Sex Tube from someone. I hope YouTube sues your ass and takes Sex Tube for infringing on their YouTube.

[papill0n]

I know the guy that owns that site. He has been working on it for years.

Do you plan on paying him for it or ?

[pornguy]

Do you believe someone should be allowed to start twistystube? How about pepsitube?

We are just following our lawyer's advice and protecting our investments.

Now thats the MILLION dollar question.


Have you tried to work something out with the guy who bought it, so that you both benefit?? Maybe he has to turn over the domain but you lease it back to him for the same as he would have paid as long as the use is in your favor. Like a making a tube site thats all about your sites Or at least mostly.. etc.

In reality working with they guy may actually bring you more money than just by getting the domain.

[Shap]

Now thats the MILLION dollar question.


Have you tried to work something out with the guy who bought it, so that you both benefit?? Maybe he has to turn over the domain but you lease it back to him for the same as he would have paid as long as the use is in your favor. Like a making a tube site thats all about your sites Or at least mostly.. etc.

In reality working with they guy may actually bring you more money than just by getting the domain.

We are open to working with everyone. We aren't out to fuck anyone over

[mpahlca]

I'm not here to debate with you either. I'm interested what other people have to say on the legality of trademarks like SexTube and GayTube.

Also, you pushing people around and taking away their domain ( like hardsextube.com ) doesn't paint you in a good light, to say the least.

Quick question why does it put him or anyone else in a bad light?

For me i thought the internet and adult internet was a business and that someone using a trademarked term to build a site on (since you seem to have a hard on for hardsextube.com lets use them) is in violation just like if you started fuckingplayboy.com or anything else baseing your site on a trademarked term. Not his fault they built a site on a trademark term should have researched it first, if I start bangbustube.com tomorrow i am guessing they will be coming for me at some point.

Just my but I would have researched my domains first, then started sites.

[Matyko]

We have the SexTube and GayTube trademarks as well.

I love you guys but sextube.com is like 11k and hardsextube is ~800 on Alexa.

[Davy]

That sucks for the hardsextube owner.

[Brujah]

Quick question why does it put him or anyone else in a bad light?

For me i thought the internet and adult internet was a business and that someone using a trademarked term to build a site on (since you seem to have a hard on for hardsextube.com lets use them) is in violation just like if you started fuckingplayboy.com or anything else baseing your site on a trademarked term. Not his fault they built a site on a trademark term should have researched it first, if I start bangbustube.com tomorrow i am guessing they will be coming for me at some point.

Just my but I would have researched my domains first, then started sites.

Great, what about the owners of Tube.com or Sex.com or Gay.com? Now you're infringing on their domains then aren't you?

[PSSuperstars]

So if someone did trannysextube? midgetsextube? diaperboysextube?

You'd go after them?

[DarkJedi]

Do you plan on paying him for it or ?

[cess]

Yes, i understand that. It's covered in the first post.

I'm just dumbfounded by this. How can "sextube" or "gaytube" be registered trademarks? Isn't it the same as say, "freeporn" (which cant be trademarked)?

From what I've read.. Yes using general words like that won't hold in court. You can still get them trademarked sometimes, some of the dumbest things have been trademarked. But from what I understand if you tried to sue someone for using "general store" after you somehow got a trademark, you'd lose in court or well most likely.

[IllTestYourGirls]

I dont get it how is Hards Ex Tube an infringement? j/k

[mpahlca]

Yes, i understand that. It's covered in the first post.

I'm just dumbfounded by this. How can "sextube" or "gaytube" be registered trademarks? Isn't it the same as say, "freeporn" (which cant be trademarked)?

And taking away domains like hardsextube.com from people is totally fucked IMO. It looks like you trademarked your names just so that you can take away all the other names from people.

BTW some other registered trademarks for you

youporn
redtube
playboy
bangbus

[Shap]

Great, what about the owners of Tube.com or Sex.com or Gay.com? Now you're infringing on their domains then aren't you?

There is no trademark for gay, tube or sex. So we aren't infringing on any of those trademarks.

[PSSuperstars]

From what I've read.. Yes using general words like that won't hold in court. You can still get them trademarked sometimes, some of the dumbest things have been trademarked. But from what I understand if you tried to sue someone for using "general store" after you somehow got a trademark, you'd lose in court or well most likely.

But how many people have the money to fight someone who can nonchalantly say, ahead of the fact, "Hey we're just doing what our lawyers tell us to do?"

A common webmaster isn't going to have that money or growth.

[mpahlca]

Great, what about the owners of Tube.com or Sex.com or Gay.com? Now you're infringing on their domains then aren't you?

if they had the term trademarked prior in time to his yes, but since they aren't no.

[pornguy]

We are open to working with everyone. We aren't out to fuck anyone over

Hope him or someone he knows sees that and takes it for what it is.. IF you have legal rights to the domain etc, and the only reason I say that is because he says he TM'd it in Hungary or where ever, then it would be well worth working with you so that you both get something good from it.

[papill0n]

That sucks for the hardsextube owner.

He wont be letting anyone steal his domain.

[mpahlca]

So if someone did trannysextube? midgetsextube? diaperboysextube?

You'd go after them?

of course wouldnt you if you had the trademark?

would you even ask that question if it was say midgetplayboy.com?

[Shap]

Hope him or someone he knows sees that and takes it for what it is.. IF you have legal rights to the domain etc, and the only reason I say that is because he says he TM'd it in Hungary or where ever, then it would be well worth working with you so that you both get something good from it.

He TM'ed it because I emailed him to give him a heads up a while back and to try to work something out. So he TM'ed it to try to protect himself.

[Agent 488]

sextube.com alexa: 11k
hardsextube.com alexa: 790

someone is getting a steal.