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-   -   Twistys abusing ICANN policies and pushing people around? (https://gfy.com/showthread.php?t=891090)

Tjeezers 03-03-2009 01:38 PM
boring bump

Voodoo 03-03-2009 01:55 PM
Quote:
Originally Posted by Voodoo (Post 15577516)
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.
NOTE: I'm only speaking about the MARK itself. I'm not talking about prior use or anything.

RogerV 03-03-2009 01:59 PM
Quote:
Originally Posted by Shap (Post 15577388)
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.
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

arock10 03-03-2009 02:45 PM
Sex Tube is a brand as much as Sex Movies is or XXX Clips.

Shap 03-03-2009 02:57 PM
Quote:
Originally Posted by Voodoo (Post 15577516)
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.
your post will be ignored and discounted because it doesn't support their argument.

Shap 03-03-2009 02:58 PM
Quote:
Originally Posted by RogerV (Post 15577527)
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
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.

PAR 03-03-2009 03:03 PM
Quote:
Originally Posted by Brujah (Post 15577082)
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.
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...

cess 03-03-2009 03:21 PM
Quote:
Originally Posted by PAR (Post 15577636)
Right and those people can at anytime contact him and ask him for the URL's
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.

Slappin Fish 03-03-2009 03:43 PM
Quote:
Originally Posted by Shap (Post 15577610)
your post will be ignored and discounted because it doesn't support their argument.
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.

Dodge2hot 03-03-2009 04:02 PM
Quote:
Originally Posted by Shap (Post 15572621)
We are open to working with everyone. We aren't out to fuck anyone over :winkwink:
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.

Britceleb 03-03-2009 04:02 PM
Quote:
Originally Posted by Slappin Fish (Post 15577827)
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.
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:

alias 03-03-2009 04:12 PM
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.. .

Slappin Fish 03-03-2009 04:30 PM
Quote:
Originally Posted by Britceleb (Post 15577900)
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:
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.

Shap 03-03-2009 04:34 PM
Quote:
Originally Posted by Slappin Fish (Post 15578062)
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?

Slappin Fish 03-03-2009 04:40 PM
Quote:
Originally Posted by Shap (Post 15578085)
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:

Brujah 03-03-2009 04:47 PM
Quote:
Originally Posted by Shap (Post 15578085)
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?
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.

Killswitch - BANNED FOR LIFE 03-03-2009 05:02 PM
Quote:
Originally Posted by Shap (Post 15578085)
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?
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.".

Shap 03-03-2009 05:06 PM
Quote:
Originally Posted by Brujah (Post 15578173)
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.
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.

Voodoo 03-03-2009 05:17 PM
Quote:
Originally Posted by Shap (Post 15577610)
your post will be ignored and discounted because it doesn't support their argument.
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.

u-Bob 03-03-2009 05:19 PM
Quote:
Originally Posted by Sands (Post 15573382)
I just regged essextube.com
:thumbsup:thumbsup:1orglaugh:1orglaugh

seeandsee 03-03-2009 05:21 PM
i really think to jump form rooftop :)

polish_aristocrat 03-03-2009 05:23 PM
I'm watching some japanese porn on hardsextube.com now

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

Ethersync 03-03-2009 05:48 PM
Might as well post this here too...

Quote:
Originally Posted by Shap (Post 15577087)
In November 2006 we started actively using SexTube.com
Here is SexTube.com in November of 2006

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

Quote:
Originally Posted by Shap (Post 15577087)
In December 2006 we launched SexTube.com tube site.
Here is what SexTube.com looked like until mid-December of 2006.
"The Largest Adult DVD Download Site"

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

Shap 03-03-2009 05:53 PM
Ethersync I'm glad you spend your valuable time on me. Thanks. It warms my heart.

Ethersync 03-03-2009 05:55 PM
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

Shap 03-03-2009 05:59 PM
Quote:
Originally Posted by Ethersync (Post 15578659)
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...
Your point is? Read our trademark. It is for the use of "SexTube" as an adult site.

Ethersync 03-03-2009 06:01 PM
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

Shap 03-03-2009 06:07 PM
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?

Ethersync 03-03-2009 06:17 PM
Quote:
Originally Posted by Shap (Post 15578776)
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.

Shap 03-03-2009 06:19 PM
12 pages. I'm going to send Eric a bill for boosting ad views this week ;)

Shap 03-03-2009 06:21 PM
Quote:
Originally Posted by Ethersync (Post 15578869)
It's immaterial.

This is not personal. I'm not trolling. I sincerely think what you are trying to do is unethical.
It's always immaterial. Guys like you love to hide your identity and never reveal who you are or what you do. It must suck to not have the spine to stand up and say what you run. Oh well :disgust

I still don't get what your visits to the wayback machine are doing to harm us. We had the domain and it was in use. You are basically proving my point. Thanks :thumbsup

arock10 03-03-2009 06:51 PM
Its proving the same thing that my google trends posts were proving. That surfers were searching for the generic term "sex tube" to find tube sites offering porn videos, not the shitty dvd or coming soon site.

alias 03-03-2009 07:34 PM
Are you still going to go after all the domains with sextube in them? [I do not have any relevant domains but it's the big question.]

JFK 03-03-2009 07:42 PM
Quote:
Originally Posted by Shap (Post 15578879)
12 pages. I'm going to send Eric a bill for boosting ad views this week ;)
not only 12 pages, but 10401 views at this time:winkwink:

Brad Mitchell 03-03-2009 07:48 PM
Quote:
Originally Posted by JFK (Post 15579253)
not only 12 pages, but 10401 views at this time:winkwink:
That's a lot of views :helpme

Brad

Socks 03-03-2009 07:59 PM
Shap, mafalkathefuckyouwerethinkingwhenyoumadethisnickna me:

Good for you guys. We have some trademarks as well, and we'll also be enforcing them (TO OUR ADVANTAGE) thank you very much.

I only got through about 3 pages of this, but clearly you need to protect your trademarks. By simply ignoring them, you're risking your entire trademark, it's just part and parcel of what they are. If you don't go on the offensive now, when someone REALLY screws your trademark, you'll lose because you didn't protect yourself before. So not only do you have a chance to benefit now, but in the future as well.

And HOW this board works is fucking beyond me. You go after a stolen content tube site, and now everyone wants to protect HIS business? .................... It's like you've never made any of us money around here or something.. Unreal.

Anyways you know the people with actual property and interests to protect understand your situation and are with you. :)

Voodoo 03-03-2009 08:04 PM
LOL

http://whois.domaintools.com/twistysextube.com

Twisty Sex Tube

Reg'd : 03/02/09

Which GFYer did that? LOL Fess up!

Ethersync 03-03-2009 08:06 PM
Quote:
Originally Posted by Voodoo (Post 15579321)
LOL

http://whois.domaintools.com/twistysextube.com

Twisty Sex Tube

Reg'd : 03/02/09

Which GFYer did that? LOL Fess up!
http://www.twistysextube.com/ :1orglaugh

Dennis69 03-03-2009 08:08 PM
Thank god I don't have a domain with sex and tube in it... I know I'd be worried because you can bet he if he going after one and does win your sure to lose yours :(

arock10 03-03-2009 08:17 PM
Hey Socks, the guy who owns adultsite.com or sitesurfer.com will be contacting you shortly to take your adultsitesurfer.com domain. Sorry, its been TMed


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