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tony286 02-06-2012 08:42 PM

Quote:

Originally Posted by bossku69 (Post 18739188)
http://nissan.com/ -> http://www.digest.com/ :thumbsup

not exactly the same industry (duh) but Nissan is still fighting them on the domain. I wonder what would happen if they decided to sell cars on that site...

off topic:
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.

signupdamnit 02-06-2012 08:43 PM

Quote:

Originally Posted by Far-L (Post 18739225)
You should talk to a trademark attorney then. "Looking bad" to you is not something that will take priority over protection of my mark. You are entitled to your opinion, but in matters like this, you had best come prepared with actual advice from knowledgeable counsel... otherwise you just look unprofessional to me.

He must be ranking on the search results if you are making a big deal over this? What about: Homegrown girls, homegrown porn, homegrown babes, homegrown teens, Homegrown women, Homegrown Porno, Homegrown Ladies, Homegrown Sluts, etc.

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.

stocktrader23 02-06-2012 08:46 PM

Quote:

Originally Posted by signupdamnit (Post 18739239)
He must be ranking on the search results if you are making a big deal over this? What about: Homegrown girls, homegrown porn, homegrown babes, homegrown teens, Homegrown women, Homegrown Porno, Homegrown Ladies, Homegrown Sluts, etc.

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.

It's not the "homegrown" part, it's "homegrown" in conjunction with amateur porn that makes it almost certainly infringing. That's just how trademark laws work.

NaughtyVisions 02-06-2012 08:47 PM

Quote:

Originally Posted by signupdamnit (Post 18739239)
He must be ranking on the search results if you are making a big deal over this? What's about: Homegrown girls, homegrown porn, homegrown babes, homegrown teens, Homegrown women, Homegrown Porno, Homegrown Ladies, Homegrown Sluts, etc.

Honestly, I would assume all of those domains to be associated with Homegrown Video. Your capitalization of the word "homegrown" would imply that even more.

Quote:

Originally Posted by signupdamnit (Post 18739239)
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.

He already said that it only applies to adult. :2 cents:

Sort of how it was stupid for Vivid to send a cease & desist to HTC over their "Vivid" cell phone.

Far-L 02-06-2012 08:48 PM

Quote:

Originally Posted by NaughtyVisions (Post 18739233)
First, I am no expert in trademark infringement, etc. I'm actually thinking this is in Homegrown Video's favor, as "homegrown" isn't a frequently used descriptive word in adult (aside from HV, of course). If I saw a domain called homegrownamateurs, I would assume it to be related to HV, because they've branded themselves so well in adult, specifically the amateur niche.

However, Far-L, I'm in disagreement with your claims about Nasty Dollars and their trademark. Unless I misunderstood what you said, it seems you are stating that any domain using "nasty" in an adult context is infringing on Nasty Dollars' trademark. "Nasty" is a far more generic term in adult than "homegrown," so I believe what applies to your trademark doesn't apply to theirs. Nasty Dollars' trademark applying solely to the word "nasty" in the adult industry would be akin to you guys actually being granted a trademark on "amateur." Take my name for example: "Naughty Visions." When I decided on this name, I honestly had no idea who Naughty America was (I know, they've been around for ages, but it's true). When I "discovered" NA, I paniced a bit. I did worry about whether they would find my name to be infringing on theirs. But in the time since, I've seen tons of other companies/people using "naughty" in company and domain names. With words like "naughty" and "nasty," I think it's more of how the use is represented. Whenever I register a domain with "naughty," I pause and think if it would seem like something NA would do. In addition, I make sure that my logo/lettering looks nothing like their logos/lettering. I'm probably a bit too paranoid about it, but I'd rather err on the side of caution as to not step on toes. (Any Naughty America reps here to tell me I'm cool? :winkwink:)

Anyway, my point is that I think (and I'm no one when it comes to IP law), I think that "homegrown" is enough of a unique (and branded) term for this to go in Homegrown Video's favor. I mean, think about it, when you mention or talk about Homegrown, a lot of the time you don't even include the word "video." But, you don't refer to Naughty America as "Naughty," or Nasty Dollars as "Nasty."

/end non-legal advice ramble

Thanks, I appreciate your even-handed response. I don't know how Nasty protects their marks which is why I suggested that someone ask them. I just know about our mark and the efforts we have made over the years protecting it.

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.

signupdamnit 02-06-2012 08:50 PM

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.

Far-L 02-06-2012 08:51 PM

Quote:

Originally Posted by signupdamnit (Post 18739239)
He must be ranking on the search results if you are making a big deal over this? What about: Homegrown girls, homegrown porn, homegrown babes, homegrown teens, Homegrown women, Homegrown Porno, Homegrown Ladies, Homegrown Sluts, etc.

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.

If you had a clue then you would realize what a favor you are doing me right now. Thanks! :thumbsup:1orglaugh

iSpyCams 02-06-2012 08:51 PM

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.

signupdamnit 02-06-2012 08:53 PM

Quote:

Originally Posted by Far-L (Post 18739252)
If you had a clue then you would realize what a favor you are doing me right now. Thanks! :thumbsup:1orglaugh

They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.

Far-L 02-06-2012 08:53 PM

Quote:

Originally Posted by signupdamnit (Post 18739251)
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.

There was a record label in Canada called Homegrown, no adult connection, and we never had an issue with them either.

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.

signupdamnit 02-06-2012 08:57 PM

Quote:

Originally Posted by NaughtyVisions (Post 18739244)
Honestly, I would assume all of those domains to be associated with Homegrown Video. Your capitalization of the word "homegrown" would imply that even more.



He already said that it only applies to adult. :2 cents:

Sort of how it was stupid for Vivid to send a cease & desist to HTC over their "Vivid" cell phone.

I capitalized most words simply because they were keywords and that is my habit. As I said look at the Wikipedia page. Notice how many albums and festivals there are with the title "Homegrown" and how this is in the same industry. Now which lawsuits have occurred in relation to this? It seems to me that there is no precedent for this. In fact quite the opposite. It's a common word.

stocktrader23 02-06-2012 08:57 PM

Quote:

Originally Posted by signupdamnit (Post 18739254)
They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.

I like you but they would almost certainly win.

Quote:

Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.
And more importantly...

Quote:

Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner.
And...

The Court there announced eight specific elements to measure likelihood of confusion:
  1. Strength of the mark
  2. Proximity of the goods
  3. Similarity of the marks
  4. Evidence of actual confusion
  5. Marketing channels used
  6. Type of goods and the degree of care likely to be exercised by the purchaser
  7. Defendant's intent in selecting the mark
  8. Likelihood of expansion of the product lines

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

Far-L 02-06-2012 08:58 PM

Quote:

Originally Posted by signupdamnit (Post 18739254)
They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.

They say if you hit a guy and he turns the other cheek then he is on Jesus' team too. I forgive you for thinking you have a clue. Amen.

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.

Far-L 02-06-2012 09:02 PM

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

Relentless 02-06-2012 09:05 PM

Quote:

Originally Posted by Far-L (Post 18739267)
Ok, this issue is being worked out to everyone's benefit off the board.

Congrats to both winners

signupdamnit 02-06-2012 09:05 PM

Quote:

Originally Posted by Far-L (Post 18739265)
They say if you hit a guy and he turns the other cheek then he is on Jesus' team too. I forgive you for thinking you have a clue. Amen.

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.

I didn't give you the keyword list or the link to the Wikipedia page as a suggestion of who you need to sue. I was pointing out that it's a common dictionary word with plenty of prior use. In addition there are multiple music albums of the same name. That is significant not because they share part of your trademark rather because they all share the same name without conflict or lawsuit. I suggest that might have something to do with the parties involved understanding that it is a common dictionary word and that they have no valid claim against the other companies using the same album name.

NaughtyVisions 02-06-2012 09:11 PM

Quote:

Originally Posted by signupdamnit (Post 18739251)
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.

Music albums are a collection of works. The branding lies in the band/artists' name, not the collected body of work. Bands can sue over other bands using the same name. A group of kids in my high school (years ago) got a cease & desist from Staind, as they were calling themselves "Stained," before Staind was even popular. Supernova sued the tv show created super-rock band (Tommy Lee, Gilby Clarke, Jason Newsted), forcing them to call themselves Rockstar: Supernova.

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

Far-L 02-06-2012 09:11 PM

Quote:

Originally Posted by pompousjohn (Post 18739253)
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.

lol, ok there Pompous. I bow to your... your... ummmm... pompousness.

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".

Far-L 02-06-2012 09:17 PM

Quote:

Originally Posted by signupdamnit (Post 18739270)
I didn't give you the keyword list or the link to the Wikipedia page as a suggestion of who you need to sue. I was pointing out that it's a common dictionary word with plenty of prior use. In addition there are multiple music albums of the same name. That is significant not because they share part of your trademark rather because they all share the same name without conflict or lawsuit. I suggest that might have something to do with the parties involved understanding that it is a common dictionary word and that they have no valid claim against the other companies using the same album name.

I can forgive you for being clueless, but unfortunately one day you will have to answer for your ignorance to a much higher power... I pray for you to get it figured out before you do something that lands you in hot as hell water. If this thread has been any indication, unfortunately there is little hope for that...

JFK 02-06-2012 09:29 PM

Quote:

Originally Posted by Relentless (Post 18739269)
Congrats to both winners

only 2 pages ?:winkwink:

signupdamnit 02-06-2012 09:30 PM

Quote:

Originally Posted by Far-L (Post 18739283)
I can forgive you for being clueless, but unfortunately one day you will have to answer for your ignorance to a much higher power... I pray for you to get it figured out before you do something that lands you in hot as hell water. If this thread has been any indication, unfortunately there is little hope for that...

Nothing personal here. I just call it as I see it. Have a good night.

MrBottomTooth 02-06-2012 09:32 PM

Quote:

Originally Posted by signupdamnit (Post 18739239)
He must be ranking on the search results if you are making a big deal over this? What about: Homegrown girls, homegrown porn, homegrown babes, homegrown teens, Homegrown women, Homegrown Porno, Homegrown Ladies, Homegrown Sluts, etc.

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.

The issue is using "homegrown" in relation to adult content sites. It's an easy win for them.

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.

SleazyDream 02-06-2012 09:36 PM

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

raymor 02-06-2012 09:40 PM

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.

keysync 02-06-2012 09:45 PM

I'd like to get involved on that $40k deal if they still need a warm body to attach a title too!

SleazyDream 02-06-2012 09:53 PM

Quote:

Originally Posted by raymor (Post 18739305)
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.

$40,000!!!! no WAY... acting like that probably cost him one billion dollars

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:

stocktrader23 02-06-2012 09:57 PM

Quote:

Originally Posted by SleazyDream (Post 18739313)
$40,000!!!! no WAY... acting like that probably cost him one billion dollars

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:

I was going to offer you $500,000 for YesSignals.com until I saw this post. :321GFY

Supz 02-06-2012 09:59 PM

Quote:

Originally Posted by Far-L (Post 18739150)
Well, now that we know how you are going to respond I think it is safe to say that you just dug yourself in pretty deep.

Yes, we can and do have a trademark on "Homegrown" when it is used in any adult context. Why don't you consult with an attorney and found out how much of a leg you have to stand on before you go incriminating yourself on a message board...

After you do that... then ask yourself, do you want to do this the hard way or do you want to do this the easy way where it is mutually beneficial?

You are already on notice so I guess you should already guess that the clock is running on time to decide.

:2 cents:

you might win the case, but you come off like a total douche. you're sites look nothing alike and it doesnt seem he is trying to copy your IP in anyway. Maybe he got 1 keyword from you now you are crying like a baby. you sound like a 2bit shyster trying to collect domain names after he put work into a building it. These are straight bully tactics in my opinion.

SleazyDream 02-06-2012 10:02 PM

Quote:

Originally Posted by stocktrader23 (Post 18739314)
I was going to offer you $500,000 for YesSignals.com until I saw this post. :321GFY

thanks ok,
I'm holding out for $500,001.43

SleazyDream 02-06-2012 10:04 PM

Quote:

Originally Posted by Supz (Post 18739316)
you might win the case, but you come off like a total douche. you're sites look nothing alike and it doesnt seem he is trying to copy your IP in anyway. Maybe he got 1 keyword from you now you are crying like a baby. you sound like a 2bit shyster trying to collect domain names after he put work into a building it. These are straight bully tactics in my opinion.

here's a thought, if you don't need the term 'homegrown' why use it unless you're pulling a scam?

FlexxAeon 02-06-2012 10:05 PM

#2651798 = case closed

porno jew 02-06-2012 10:17 PM

everyone chill the fuck out. we have more in common than not.

georgeyw 02-06-2012 10:18 PM

Quote:

Originally Posted by rogueteens (Post 18739133)
that would be the second of july here.

http://static.themetapicture.com/med...ystem-date.jpg

Due 02-06-2012 10:24 PM

Quote:

Originally Posted by raymor (Post 18739305)
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.

Can't say that I'm a veteran like them, but with my about 15 years in online adult I never heard a bad thing about homegrown, I completely understand their urge to protect their brand, I'd do the same.

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.

Dirty F 02-06-2012 10:29 PM

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.

raymor 02-06-2012 10:41 PM

Quote:

Originally Posted by Due (Post 18739341)
Can't say that I'm a veteran like them, but with my about 15 years in online adult I never heard a bad thing about homegrown, I completely understand their urge to protect their brand, I'd do the same.

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.

Oh I completely understand wanting to protect their brand. As I said, he was a winner before he even posted. Spouting personal attacks against everyone in the thread, viciously attacking the people who AGREE with him, like me, is what I was responding to.


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.

Jim_Gunn 02-06-2012 10:50 PM

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?

SleazyDream 02-06-2012 10:52 PM

Quote:

Originally Posted by raymor (Post 18739372)
Oh I completely understand wanting to protect their brand. As I said, he was a winner before he even posted. Spouting personal attacks against everyone in the thread, viciously attacking the people who AGREE with him, like me, is what I was responding to.


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 perfect word for someone who publicly attacks business people who post in support of his position.

see, now that post looks much better then making up fake lost business deals cause you don't like someone. :thumbsup

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...

icymelon 02-06-2012 10:54 PM

response

icymelon 02-06-2012 10:58 PM

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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