here's a thought. I actually TRUST companies that get emotional about things like trademark and reputation and don't just handle it totally professionally but go off the handle for a moment. WHY? cause it's personal and a matter of pride in their company and who they are. The good ones come back down to earth quickly, but it shows they are human and actually CARE, when you think about it.

People who are 'all business, all professional image 100% of the time' scare me. I keep thinking they're out to fuck me. Usually they are......

what is your trademark that covers exclusive right to the term "homegrown" in adult ?

Generic? In the adultspace? Dude, if I saw a "Homegrown" food processor I would think..well...Odd Brand extension, but go Far-L. :2 cents:

are you kidding? you might be familiar with them but your in the minority. Have you shot content for them?

what's a "homegrown video" anyway? You can't grow a video. I think the name is pretty stupid, actually.

Maybe this will help clear it up:
Some of that was him responding to people who AGREE with him, who were SUPPORTING him. See why people think he's being an ass?

Do you remember our copyright and trademark issues, when someone infringed our rights? Probably not, because we didn't come in here calling you a pompous, ignorant goofball. We made some phone calls and handled our business like - well, business people.

good talk russ

Haha, amazing how many people are against homegrown on this. Really? Homegrownamateurs people. Pretty damn obvious that it's infringing and they are required to protect it even if they don't want to.

Which is exactly why it's a reasonable trademark / service mark. You can't trademark "homegrown tomatoes", but you you can trademark "Homegrown Video" exactly because videos aren't grown, much less at home. "Homegrown tomatoes" is what they call "merely descriptive". The famous comparison is that you can trademark "Apple Computers" but not "Apple Pie" because Apple's don't have anything to do with computers. "Apple" has meaning in the computer industry ONLY as a brand. "Apple Pie" merely describes the pie.

Homegrown Video would argue that "Homegrown", when applied to porn, is meaningless except as a brand. The OP would argue that "homegrown" means the same thing as "homemade", so it's merely descriptive of homemade porn. Both would have reasonable arguments, so it would come down to evidence presented about how well known the brand is, etc. It could even be affected by the fact that the judge is a human and if one party was a complete asshat the judge might want to find a way to rule against them. It's happened more than once.

It's pretty easy to throw out any talk on a message board in a court. But none the less... interesting reading.

Here is my stance... homegrown (original) should offer homegrown (trademark infringer) a sweet ass revshare deal to promote homegrown. Make sense?

I have no doubt you own the trademark, but I am a little surprised you got it. That's as vague as someone owning the trademark "homemade" or "uploaded content."

I support HomeGrown in this case as I think its a pretty obvious one.

But god damn FarL get off the board already lol

The only thing I don't understand is why Homegrown didn't reg the domain?

Seems like an oversight on there part.....

there is another trademark for "homegrown" in the entertainment category,
not owned by "homegrown video"
but same category as "homegrown video"

"
Word Mark HOMEGROWN
Goods and Services IC 038. US 100 101 104. G & S: Entertainment, namely, broadcasting of radio shows in the field of gardening; and entertainment services, namely, audio streaming and electronic transmission of entertainment media content in the field of gardening. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001
IC 041. US 100 101 107. G & S: Entertainment, namely, production of radio shows in the field of gardening; entertainment services, namely, providing a radio program in the field of gardening via a global computer network. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001""

By this alone it tells me no one has exclusive right to "homegrown" in the entertainment field. As there are at least 2 companies in the entertainment category with words "homegrown" in it.

i dont know, this might not be an open and shut case

Ok, back from my hockey game; some of the piss and vinegar has been knocked out of me.

To anyone that was offended that I came here to defend against challenges to our trademark, I am deeply sorry. I was posting on this board when a good pissing match was still considered marketing. I know some of you posting here were not around then so you probably don't know how to deal with it. Hopefully you will accept my apology but if not then we certainly can agree to disagree and let bygones be bygones.

Even as unpleasant as this may be, we are completely obligated to staunchly defend our brand. That might make me come off like whatever names I have been called here, but seriously, Stocktrader23 actually read our notice and said it was the nicest he has ever seen - because we do offer reasonable and mutually profitable alternative to anything harsh. We would much rather work with people than have to go after them.

Now, this is a fact: Homegrown Video was literally the first company to distribute authentic homemade sex videos. PERIOD. That name is now literally synonymous with "homemade adult videos" and that is because of the effort we put into making it so. We have a trademark (#2651798) and anyone is welcome to read it, better yet, have an IP attorney take a look and ask his or her opinion.

Simple answer.

Can icymelon afford to take this to court with a high chance of losing?

If he can, go for it, if not settle quickly. IM what has your lawyer advised?

You don't know. And that example simply makes my point, why don't you pull out an example that refers to adult content? The problem is you won't be able to unless it is ours; so, instead of playing your sophist games, why don't you present a balanced context and post our trademark text too? You obviously took the time to try and find that misleading example so why don't you post our mark so folks can really see the difference.

You don't have an axe to grind do you? Nothing from the past that you would like to share? Come on, get it out and you will feel a whole lot better...

Of course it makes great sense which is why we do just that. We would always rather work with people than against them. That is put in very clear black and white language in our Notice of Infringement letter.

On a side note though, talk on a message board is often used in court both for and against people and Judges don't necessarily disregard it, even if it did come from a board called "GFY". In fact, oftentimes it provides very clear motive and intent and can be highly pertinent to consideration of damages. Just saying... and I know there are some on this board that will attest to it from personal experience. :winkwink:

worked out how? Did you offer payment to buy the domain? I'm confused

Clear case of infringement.

Folks need to learn how to use uspto.gov before spewing about a subject they know nothing about.

Edit: if you don't think this is an infringement, try to start a real estate company called RE/MAX Homes and see how far you get with their attorneys.

Sorry if I'm confused. I'm old. :winkwink:

Is this your domain?

I misunderstood your email to JR. My apologies. Check your mail as I just sent you something.

You can name a price if you want. We would of course pay a fair price for it. Of course, your idea of fair, my idea of fair, and what we would have to spend to get ICANN to resolve it would all have to be weighed together.

Farrell,
To be clear, you're going after "homegrown" and not "homemade" correct?

LOL @ you thinking you were the first to distribute homemade porn. Porn is older than you, older than your mother, older than the english language and before there were porn companies it was all made at home.

Also I noticed your trademark is for "Homegrown Video" not "Homegrown" or "Homegrown Amateurs" If you can claim "Homegrown" from having a trademark on "Homegrown Video" are you gonna try for "Video" next?

Its a big fucking internet, I dont think "Homegrown Video" should own the term "homegrown" :2 cents:

They may own the term "Homegrown Video" but you can't blame them for trying to twist arms to get anything with "Homegrown" in it. They are probably just taking advice of their overpaid lawyers who only make money when they sue and have to send out letters.

It's dog eat dog out here on the internet!



EDIT: just read the rest of the thread so edit was in order.

Yes, "Homegrown" in relation to anything related to adult entertainment only.

Well, shows how little you know. Homegrown Video was the first to purchase and distribute homemade content. We aren't talking about all that stuff that was shot in people's homes in porn valley. We are talking about mom and pop your average Joe and Josette could actually be your neighbor, not porn stars. You cannot find a company that was doing this before 1982. Homegrown has been around since betamax and vhs were still competing standards.

You seriously show lack of understanding about trademark. Read the mark and it makes it pretty clear. I guess ICANN agrees because everytime we have had to go to them about a domain we have prevailed. End of story. You can quick speculating and acting like you know what you are talking about.

Its a big fucking supermarket, I dont think "coke-a-cola" should own the term "coke" :2 cents:

We aren't trying to twist arms. We just have to protect our trademark and sorry if you disagree with that or think we are "wrong" because we strongly believe, and others here have agreed, as well as ICANN, etc. that we do have a mark that protects us against the brand confusion caused by someone calling themselves "homegrown amateurs" and not being associated with us.

You whining about it and busting our chops over it is not going to change that. Sorry.

Lol there's a whole lot of stupid in this thread...

You guys need to read up on trademark law

I'm rooting for you buddy, because I rank for a few keywords as well and I can't wait to see you win so I can go extort all my competitors out of their domains using the precedent you set.

to the OP: Psychology 101. They don't want to sue you. Don't roll over.

Ok, what do you have a trademark on? We definitely will make sure not to tread on it. By the way, protecting a trademark is not the same as extortion, just so you know. Feel free to check it though with an attorney. I don't expect you to believe me.

I don't understand how a group of seasoned webmasters can't see how obvious this is.

Homegrown is trademarked where adult material is concerned. Cut and dry.

wowza..that sukcs

Great advice. You must be quite the legitimate business person to spew such genius and valuable pearl necklaces of wisdom.

I hope they take it. Willful infringement in a trademark dispute is so worth it, especially in a situation like this, our attorneys literally start salivating.

It is disgusting. You literally have to watch where you step.

Homegrown is not trademarked.

"Homegrown Videos" is.

Not only that it's trademarked as a retail store for selling goods and subscriptions. Since the OP is not running a store or even a pay-site I don't see where the confusion could possibly come from.

In fact, I don't think anyone outside the industry has any idea about this "trademark" and I think it would be pretty difficult to prove that Joe Surfer was ever bamboozled into joining the OP's free site while trying to purchase goods from Homegrown Video.

Yeah I don't know alot about the legal angles, but I am pretty sure the precedents that exist, are there because too many people have rolled over under threat of costly litigation and the legal system has been abused to allow this kind of legal extortion and anti-competetive practices.

the term 'HOMEGROWN' in relation to marketing adult videos would stand up in court

You should read the trademark. It would go a long way to helping you realize how inane your comment is; it might not relieve you of your duty being petulant snit sargeant of the booger patrol but hopefully it will make you stop making more of a fool of yourself before you demote yourself in the eyes of your bitchfest brigade.