This isn't a content theft issue. Apples and oranges.

This is an issue of abusive trademark and domain rights. Maybe even selective enforcement. Definitely the pot calling the kettle black with Shap knowingly infringing on the trademarks of others, which is something hdkiller did not do.

i cant read all 10 pages but i would like to say that I am str8 and love woman

It has nothing to do with hardsextube.com, content theft, or whatever

Its is "Sex tube" a generic term or not and if it is a generic term you cant pull this copyright bullshit. Hence the graphs above stating people were looking for sex tubes a long time before sextube.com was made or even TMed

You may laugh now, but if shap gets away with this, what domains are next? It could be yours and then you lose it, possibly along with a hefty chunk of your income

Thar gonna take our landdddssss

would some pictures help ?:Oh crap

I agree with you. Except our domain, trademark and use all predate the site in question.

^
http://www.harvestmkt.com/images/cli...small_4ji3.jpg

hhehehehe..

This thread is a good example, on how the reputation built on 10 years, can dissapear in a matter of seconds...

Shap's reputation was completely ruined. Nobody will ever make business with him again.. And if they do, they are complete idiots and they deserve to fail.

I'd hate to be the guy that pays thousands for some generic __keyword__sextube.com domain names. Not because he was wrong, but because he'll have to deal with this bullshit.

That's funny because the first link for "wipo case" in google is...

http://www.wipo.int/amc/en/domains/d...2008-0230.html

I'm not gonna read that whole thing. But it looks like drugstore.com went after drugstoretm.com .

8. Decision

For all the foregoing reasons, the Complaint is denied.

shap
dont overplay your hand
there is nothing thats stopping someome from canceling your descriptive trademark


ps. not a threat of any sort, just a friendly advice

Thanks Slav. I have to hit you up about some business as well. I appreciate the advice! I know you know more than probably anyone on these matters :thumbsup

I envy you...

I predict this thread disappears. Someone should definitely save it, archive it, if they have any tube domains.

This about sums it up, links fror twisty's have been pulled, fuck twisty's and after reading all this crap fuck that horsecock sucker Micheal, get twisty's balls outta yer mouth ..

:321GFY:321GFY

Wasn't it sex.com that once claimed they had rights to every domain with "sex" in it?

So SexTube.com claims they have rights to HardSexTube.com. Hypothetically speaking, what if Tube.com was developed and TM'd prior to SexTube.com? Shap, would you just turn over your domain with a developed site on it to them?

Try registering GoogleYouTube.com and see what happens.

I'd have to fight for my domain. I believe if someone had TM'd Tube prior to SexTube they would have filed opposition against us when we filed our TM.

Youtube is what made domains with the word TUBE in them popular. Prior to that MOVIES or CLIPS in them were for movies. Youtube made the embedded flash synonymous for the word TUBE.

I've lost a lot of respect for you going after this guy. Sex Tube is a generic term just like Porn Tube would be.

This may clear some things up:

1. If the mark is used "In The Same Way", it can be viewed as infringing.
2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
5. The example of Sex.com, goes back to #3. You can't have Sex?.
6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
8. SexTube? is a valid mark.
9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.

boring bump

NOTE: I'm only speaking about the MARK itself. I'm not talking about prior use or anything.

Remember that advise you gave me? now you understand how I felt your not going to win over the GFY mob.

a few people sent me this thread I cant even believe how many pages it is and your still posting.

good luck with it. This is why I dont even bother with GFY to many anons

you know how it is when your on top everyone guns for you

Sex Tube is a brand as much as Sex Movies is or XXX Clips.

your post will be ignored and discounted because it doesn't support their argument.

I'm better at giving advice than living by it. I felt your pain that night because I know I always get reeled in and torched.

Right and those people can at anytime contact him and ask him for the URL's
No one person has asked him to.. nor do we know if over the years other deals were not made.. That would be assuming that anyone else other then Shap knows how and what deals were made for the URL's in question.. Without this info it is mere assumptions.
So to me its a mute point.. Until someone steps up and post that they have no deal in place... 10+ pages later and still nothing...

As for is this about content theft or not..
Ya ok so the main point not I do agree with that I just get pissed when I see it happening and like anything that removes it..
But as the main point is about copy right/TM and when looking at it for what it is..
It being a legal issue and not a moral one and looking at it in only that light then let the courts rule on it..

A secondary sub-point is the content theft.. Fine maybe that should be left to a dif thread.. so I will STFU about it in here...

This all said I've already posted that morally I don't agree... As I feel for the webmasters.. and would hate for it to happen to me..

But legally I do see that Shap is in his full rights to protect and enforce his TM.. I'm not him and I don't work for him so I will not even try to tell someone else what they should do with their TM... Nor try to place my morals on someone else who is doing things legally with their TM and Biz.. So I say send it to legal.. let the courts etc work it out.. or try to workout a deal...

It's still breaking the law. It makes no difference if you're just willing to give them up when someone ask, the law has been broken already.

The content theft issue makes no difference. Just because one bad webmaster will lose his domain when who knows how many legit webmasters will lose their domain doesn't some how make it right. If it was just this one domain no one would care, that's been said before more than once in this thread.

No it will be ignored because he forgets the most important element.

You need to prove the respondent had prior knowledge of the trademark and/or registered the domain in bad faith. Without that you have nothing.

Thats BS. If you weren't out to fuck anyone over, you wouldn't be trying to Steal people fucking domains. Your using your money to bully the smaller guy than can't afford a $1200+/hr lawyer.

Anyway you put it, you are fucking the little guys over. I can't beleive people still promote your sorry asses after all the other shit you've pulled.

Who says? How can you prove someone had prior knowledge of the TM? What if I were to say I never heard of youtube.com before and I registered iyoutube.com they would have to somehow prove I had prior knowledge of it?

I have gone through this before and it can be a lengthy process. I am not agreeing with either side but from what I read Shap does have a great case IMHO :2 cents:

Fuck just bump this whore to 10k for the hell of it then let it die, hopefully other things can be laid to rest as well.. .

Who says? WIPO UDRP says.

A TM does not automatically give you rights over a domain name.

If the complainant can't prove the domain was registered in bad faith it usually doesn't go much further, look up recent arbitration decisions: arena.com ashley.com jumpro.com FullTerm.com pokerhost.net...

I also know the process, for having been on the receiving end of a corporate bully.

In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?

If they had prior knowledge of the complainants trademark they have no chance :2 cents:

You don't have to answer, but this has me wondering...

How would they have been notified prior to registration of a domain? If I were going to register roughsextube.com for example a week ago before all this stuff came to light, how would you know to notify me? I probably wouldn't have even known myself that at a moments notice I would register the name. You'd have to be psychic.

Prove that he registered it AFTER you sent him a letter saying "Hey, I heard you were thinking of buying hardsextube.com through my guy who can read minds, don't do it, I have it trademarked.".

Let's say you had brujahsextube and i notified you of our trademark? then you registered 5 more sextube domains after you received and acknowledged that email. That is what I was referring to.

I was just simply stating and clarifying how the isolated MARK itself would be infringed on by any ___sextube.com domains, as a black & white issue. Nothing to do with prior use or domain rights.

:thumbsup:thumbsup:1orglaugh:1orglaugh

i really think to jump form rooftop :)

I'm watching some japanese porn on hardsextube.com now

http://www.hardsextube.com/video/138063/ASIAN-Hot.Jam

Might as well post this here too...

Here is SexTube.com in November of 2006

http://i43.tinypic.com/35lf5p0.jpg

Here is what SexTube.com looked like until mid-December of 2006.
"The Largest Adult DVD Download Site"

http://i42.tinypic.com/14wf51y.jpg

Ethersync I'm glad you spend your valuable time on me. Thanks. It warms my heart.

HardSexTube.com was live before you even started accepting video uploads.

"We have completely sold out all upload accounts. New accounts will be available soon."

April 2007

Edit: You did not accept user uploads at all in 2007...

http://i40.tinypic.com/2625rbo.jpg

Your point is? Read our trademark. It is for the use of "SexTube" as an adult site.

Then in 2008 you decided to scrap the whole Tube site idea and just make the site a DVD download member site :1orglaugh

http://i40.tinypic.com/2cmt7yq.jpg

Btw Ethersync I'm just curious. You are showing me some mad love. I appreciate it. Care to let any of us know what you run?

It's immaterial.

This is not personal. I'm not trolling. I sincerely think what you are trying to do is unethical.

12 pages. I'm going to send Eric a bill for boosting ad views this week ;)