ROFL, Twistys.com taken away.

That would be hilarious. :1orglaugh

There should still be records in government archives. Dig it up :thumbsup

http://www.google.com/trends?q=sex+tube

Surfers were searching for the term "sex tube" well before sextube.com was much of anything. Its a generic term Shap, you didn't inspire the world to start searching for it

Re: Nissan.com
They have some pitbull and spitefull lawyers LOL.
--------------------
JANUARY - 2008, Motion For Attorneys' Fees.
Nissan Motor has been unrelenting in its lawsuit against us and despite that they lost; they subsequently filed a motion asking the court to award them millions of dollars in attorneys' fees.

FEBRUARY - 2008, Ruling on Attorneys' Fees and Final Judgment.
The court has issued a Ruling (PDF) addressing these remaining issues:
1. Nissan Motor is NOT entitled to attorneys' fees.
2. Nissan Computer is entitled to cost under rule 68.
The court ordered NMC to pay $58,000 as cost under rule 68, this is less then 2% of what the cost was to defend this case.

You would think this case is over..... but it really isn't.

This is where the Lawyers really get dirty.....
MARCH - 2008 Nissan Motor's trademark registration.
Nissan Motor is attempting to obtain a Federal Trademark Registration for computers and computer peripherals among other classes of goods and services. We feel that Nissan Motor, in this action, is staging a future case against us in the computer and peripherals market.
We are left with no other course of action but to oppose this registration.

Interesting... thx

Twistys being target of many people here from gfy...

dirty dirty tactics!

Yeah I highly doubt they actually sue anyone, maybe someone but not all. The RIAA used scare tactics like this although most of who they accused were guilty. Still they only sued a very small portion compared to all the letters they sent out.

Directv did the same thing. They got the names of people buying card readers and sent a letter to every one of them. Yet they only sued a very small amount of those people.

As for the hardsextube owner... He's in Hungary so they(twistys/shap) may actually have to go there to sue him. I'd be amazed if anyone at twistys would be willing to go there for court or their lawyers.

WOW and it still goes on.

Bump just because I think all the JR lawyers are funny...

People bitch all day long about how bad some of these tubes are for the industery and that someone big with cash should do something...
Then when someone takes action against them
(sure in this case its base on trade mark)
But it is action that will take a tube with stolen/questionable content down...
And what do people do... side with the tube with the stolen content..

At the end of the day all that is going on here is that a company is exercising its legal rights to its trade mark... if they win or fail its not up to GFY...
As for it being morally wrong based only on the fact that they have cash and that the site owner put lots of hard work into the site..
(hard work that includes building a site/traffic off of other peoples content)

I wonder if stolencontenttube.com has been taken yet..
Oh and for the people that think Brad was wrong thinking "TUBE" refers to TV and boob-tube.. you posted a wiki link .. tread it..
"Media * Slang for television"
http://en.wikipedia.org/wiki/Boob_tube

As for why is Porno tube all over wikipedia.. maybe they add themselves to relevant terms.. errr...

If you'd read more than a few post you would've seen other post like this one...

"If shap was just going after this one guy because he had shaps vids on that site I doubt anyone would care. Everyone is bitching because they think it's shitty people are being threatened at random for owning a generic domain. Not just this one guy, he just happens to be included.

Then it's also funny twistys/shap admitted to infringing other peoples trademarks and making cash off of them. Ones that don't sound generic."

twistys also admitted to having affiliates that run sites full content they probably don't own.

Page 10, wowzas!

http://www.google.com/trends?q=sextu...ate=all&sort=0

http://i39.tinypic.com/2ezpfrn.png

Doh!

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.

http://www.google.com/trends?q=sextu... e=all&sort=1

http://www.google.com/trends/viz?q=s...mg&sort=1&sa=N

doh? sextube.com wha?

Come again?

http://trends.google.com/websites?q=...=0&sort=0&sa=N

http://i39.tinypic.com/2cmojuh.jpg

The sad thing is, you owned him and he won't even realize it. :1orglaugh

I'm not going to get into a keyboad war over this as I don't send Shap traffic nor do biz with them nor do I have any affected domains..

Morally right or wrong has nothing to do with the legal side of this...
Morally I think its wrong... as people have put time and energy into their sites..
Legally it his trademark and he has the right to do as he wishes with it...
This is not the first time someone goes after their trade mark.. I just want to see how it all pans out...

I just think its funny that some of the same people wanting someone to do something about content theft on tubes are backing a a site that went out of its way to rip off content...

If this was redtube going after the same thing would people still be up in arms? maybe yes maybe no..

Anyways I have work to do.. and GFY is just sucking up time...

Actually, I wouldn't bother with a cease and desist. All I would have to do is file a UDRP or WIPO case, pay my $1500 for one panelist for up to 5 domains, and you would lose all those domains because the trademark predates your registration and you clearly registered them in bad faith.

Fuck me, this thread is so full of fail and innernet tough guys it's not even funny. If you never owned a trademark, or if your mark has expired, you've got fuck all.

This isn't rocket science people, it's pretty cut and dried. Twisty's can take buddy to UDRP or WIPO arbitration, pay $1,500 for one panelist, or $4,000 for three and run a case for up to 5 domains or more if they want to pay a few extra bucks. Both sides then present their evidence and the panel decides. The winner gets to keep the domain(s) barring any further legal action in the courts.

In this case it would appear to be a simple case of reverse hijacking on Twisty's part, as from what I have read the domain registration predates any TM. However, stranger things have happened at WIPO hearings (look up the WIPO case for knot.com, probably one of the worst decisions ever), so both parties have the option of taking the case to court after the fact if either one of them feels they were wronged.

Every WIPO decision that has ever taken place, and there are dozens every day, is online for you to search. You'll see that most of you are talking complete shit with all your chest thumping "send me your C&Ds" "I'll whup your ass" "I'm not scared of you" bullshit.

This isn't fucking 1996. This was all sorted out a long time ago. Name squatting, typosquatting, registrations of existing marks... there are mechanisms in place that protect against this kind of activity and there's not a damn thing you can do to stop someone from taking a domain that has their mark in it, as long as you registered it after the mark was in place. As soon as a WIPO case is filed, the registrar is contacted and they freeze the domain to lock it in place until a decision is handed down.

I read it all.

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.