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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. |
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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. |
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Sort of how it was stupid for Vivid to send a cease & desist to HTC over their "Vivid" cell phone. |
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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. |
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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. |
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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. |
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The Court there announced eight specific elements to measure likelihood of confusion:
And even more importantly, trademarks are "use it or lose it" meaning you have to defend them if you want to keep them. You could not really give a shit about a specific person having a similar domain / site / product but you still have to sue them or risk losing your entire trademark. Cheers |
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The unfortunate thing is you don't know whom we have dealt with or not, when we plan to, and why we put more priority on some over others, knowing all of them are in our crosshairs. But, I cannot blame you for that as it is none of your business... pretty much like this entire thread/issue when you get right down to it. |
Ok, this issue is being worked out to everyone's benefit off the board.
Now all you "see them in court" goofballs need to eat some crow. How would you like it? Fried? Half-baked? Or stewing in their own juices? :1orglaugh:1orglaugh:1orglaugh |
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Festivals I don't know. But, I know that a teenage girl named Lauren McClusky had put on charity concerts (to benefit the Special Olympics) under the festival name "McFest," based on her last name. When she went to protect the name, McDonald's objected, and the two are now engaged in a legal battle. Full story here: http://www.dailyfinance.com/blog/201...nalds/?icid=ma |
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What we are doing is not called "bullying". It is called protecting our mark and it is nothing personal so quit with the false accusations and insults, which last time I looked are considered "bullying". |
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Just like McDonalds is a really popular name and you see stores all over the place with that name in their title. But you will only see one chain of burger restaurant named McDonalds. This won't even have to go to court if all they want is the domain, but they will have to pay to go through the domain name dispute process. But if he doesn't give it up they could make his life miserable. (in addition to taking the domain) Can't believe anyone would even take a chance at trying to fight this. edit: I'm a bit slow, I see they are getting it straightened out now. |
homegrown has great content and a legitimate trademark that would be VERY hard and expensive to beat..... there is a light at the end of the tunnel though, they are REALLY easy to work with and pay pretty good. if you want to use that term, work WITH them, I'm sure you can work something out
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Far-L started out in this thread with a winning trademark case. He could have not posted at all
Instead of just smiling, he's decided to verbally abuse a who's who of adult industry, showing everyone what a complete and total asshole he is and why you should never do business with him. So far I've been told of one deal that probably would have made him $40,000 which he just blew by showing his potential associate what a sociopath he is. Don't drink and post, dude. |
I'd like to get involved on that $40k deal if they still need a warm body to attach a title too!
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in other words you just slammed him with some fake bullshit business that never really existed except in your head trying to get the last laugh when everyone else with a brain totally saw though it and made yourself look a lot dumber. if you're going to slam him, stick to the facts. It gives you credibility. Saying he lost some imaginary business shows you're the idiot, not Far-L :2 cents: |
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I'm holding out for $500,001.43 |
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#2651798 = case closed
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everyone chill the fuck out. we have more in common than not.
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It's a trademark, it's very simple and very hard to argue against. It's a mark only you can use within the area where you "trade" / do business. |
I'm gonna register 10 domains with the word homegrown in them and push adult content. Just because i can and am free to do so.
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As I said from my first post, I think he has a reasonably strong trademark claim. (Or service mark). The way he has talked to everyone, I also think he's a sociopath and I'll certainly never do business with him. Of course, I may read it again in the morning and see it differently. I might apologize for calling him a sociopath. Tonight, though, that seems like the perfect word for someone who publicly attacks industry veterans who post in support of his position. |
Boggles my mind reading the posts by the people who take exception to Homegrown trying to protect their trademark. He wasn't the one who initially posted about it on the board after all, he just reacted, whether you like his attitude or not. Do any of you people actually own any URLs, sites, stores, studios, series titles, properties or anything of significance in the adult business that you would care to protect?
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unfortunately, you dealing or not dealing with Homegrown won't make or break them.....we all have companies we like and don't like... and he's a little secret, MOST people in this biz are sociopath's... the trick is to find the ones YOU can deal with. Personally I've always liked homegrown and thought they were a great company. I also understand why Far-L would get pissed at someone attempting to trade on his name... |
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You have been noticed. It is your option to comply or have the case heard in court. Have a great day!
In all honesty it's probably a good subject for the courts. I think its way off line. Imagine trying to trademark barely legal because you own barely legal video |
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