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

Sands 03-03-2009 08:18 PM

I have tube domains for sale if anyone is interested, and no, Twistys has no legal grounds to take them. :2 cents:

cognitos 03-03-2009 08:21 PM

Quote:

Originally Posted by Brujah (Post 15577142)
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 would suck. I am sure there a lot of people who might have generic domains such as gay.com who would be very weary of any precedent being set regarding generic domains :winkwink:

Relentless 03-03-2009 08:29 PM

The tighter the market gets the more people will look for alternative ways to make money. If everyone was doing 10,000 joins a day nobody would be suing anyone. This is all part of what most people call 'consolidation.'

The problem with going the legal route isn't that it never works, it's that it works too well and it quickly feeds on itself. Look at other industries that have a longer track record than adult online for examples. It will become a game of checking the top Alexa 2500 domains and seeing who can sue who for what. Trademark is one angle, but far from the only one.

The real issue is once the lawsuits start flying and a minority get the idea in their head that its more cost effective to sue people than it is to generate sales, suing people will become its own cottage industry.

Much like the tubes themselves, that will lead to Company X claiming they are only suing Company Y because some other company sued Company X before or because Company Y sued someone. In the end the largest percentage of the windfalls will go to the lawyers and the lawyers will perpetuate the cycle by "suggesting' more lawsuits.

Im not saying Shap is wrong, im not saying hardsextube is wrong. I'm saying if you think tube sites have fucked up this industry badly, just wait until there are a few hundred more lawyers digging their way through it and piling on lawsuits.

In the end, nobody wins.

Settle your disputes amicably. Don't try to take every dime off the table and work things out like gentlemen. The alternative is not just lawsuits.... it's not winning because you think you have a strong case THIS time.... it's more litigation all the time and the only people who make out ahead in that are lawyers. :2 cents:

P.S. - $10 says a well thought out partnership would net more income for twistys AND more income for hardsextube in the end.

Honez 03-03-2009 08:53 PM

Will this thread be made into a movie? :)

pornlaw 03-03-2009 08:55 PM

Dont feel like reading 12 pages ....

Does anyone know who Shap's attorney is ??? Just curious...

cognitos 03-03-2009 09:02 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.

Hey, you wouldn't happen to have any recommendations for HD video sites would you? I have a bit of a HD mania if you know what I mean.

Killswitch - BANNED FOR LIFE 03-03-2009 09:25 PM

Quote:

Originally Posted by pornlaw (Post 15579415)
Dont feel like reading 12 pages ....

Does anyone know who Shap's attorney is ??? Just curious...

The only person who can legally say what will happen, posting in this thread right here. :thumbsup

Major (Tom) 03-03-2009 09:41 PM

Quote:

Originally Posted by Mutt (Post 15576302)
your analogy is wrong - hardsex isn't a term on its own - taking 'cheese' as the generic common word and making an analogy to this debate here - if there was a cheese store called 'CheeseHouse.com' with a trademark on it somebody who registered 'CheddarCheeseHouse.com' would be infringing on it.

trademarks and patents are given out too easily and create messes like this. I think YouTube.com has an issue with anybody who runs a video site similar in style to theirs with a domain that includes the word 'tube'. Trademarks also have a lot to do with when you put the trademark into actual use/commerce and what the use is. Just because you registered a trademark before somebody else doesn't mean you aren't infringing - Shap admits that Sextube.com was registered before YouTube became what it is. Tube has a tv/video connotation - it was probably registered as a potential paysite name or MGP.

who knows - it's harder to feel sorry for this guy because from what people are saying he's running an illegal content style tube site.

Ohh dont get me wrong, I dont feel sorry for him.. He stole plenty of my shit.
Also, about that analogy, I bet you someone could open cheddar cheese house if there was a cheese house. It would depend on location too. I have plenty of domains that are registered trademarks. It helps, but you aren't going to change the world with one.
Duke

Jakez 03-03-2009 09:53 PM

Quote:

Originally Posted by Cyandin (Post 15572541)
There is no instance of thievery taking place here at all.

EDIT: The mere notion that hardsextube is somehow trying to cybersquat sextube is the dumbest thing I've ever heard. If nonsense like this held water, all you webmasters would be losing your asses to porn.com and sex.com under claims that you all are trying to rip off the guys with the two best adult domain names.

Exactly. Whoever is doing this sextube.com shit should be fucked in the ass by the devil that shit is beyond ridiculous.

Alky 03-03-2009 10:14 PM

Quote:

Originally Posted by Shap (Post 15578900)
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

Oh here we go again... Shap doesn't know someone and they are "anonymous".

Maybe time to get over your ego.

cess 03-03-2009 10:59 PM

Quote:

Originally Posted by Ethersync (Post 15579325)

WTF ?? :1orglaugh

Who bothers to buy up a name like that and not even make a thread to brag about it?

chodadog 03-03-2009 11:12 PM

Quote:

Originally Posted by Voodoo (Post 15577516)
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.

Jaguar. Penthouse.

Quote:

Originally Posted by Voodoo (Post 15577516)
Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.

Ironic.

chodadog 03-03-2009 11:26 PM

Quote:

Originally Posted by Socks (Post 15579309)
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.

Nobody's defending content theft. In fact, the issue of content theft can be sidestepped completely. Do you think Shap is entitled to domains like asiansextube.com and teensextube.com which are being used legitimately without content theft?

Yeah, it'd be great to see some illegal tube site get fucked over. But not in a way that obliges Shap to go after other people with infringing domains which are being used for legitimate promotion of adult websites.

Jel 03-04-2009 12:54 AM

Quote:

Originally Posted by mpahlca (Post 15573092)
I am sorry why am I being and ass? he owns a trademarked domain that he built illegally with stolen content and using our trademark? We sent a letter asking him to turn it over, thats his problem, if Steve would like his domain back thats up to him, and if he has the trademark we would by law have to turn it over wouldn't we.

Unless I'm misreading here, and correct me if I'm wrong, the 'sextube' trademark wasn't registered until after hardsextube as a domain was registered. In which case, this shit about him building a site on the back of your trademark is exactly that - shit.

The way I see it, he deserves a load of shit for putting up 45 minute stolen videos, so in one respect tough titties, but to TM sextube with the express intent of gaining tons of related domain names is nothing more than a biz opportunity. Fair play, but don't dress it up as 'protecting our trademark'.

Oh, and the stolen content card? Please.... you look like a hypocritical cunt even bringing that up in your argument. Like you wouldn't have gone for the domain if it had all 2 min clips approved by sponsors lol. Bottom line is you WOULD still go for the domain, so that's a moot point, and from what I see, you TM'd *after* his domain was reg'd, not at the time sextube was reg'd.

Unless, like I say, I'm reading it wrong.

NetHorse 03-04-2009 01:18 AM

Wonder if these guys got a letter too.

http://sexiertube.com/

MoreMagic 03-04-2009 02:48 AM

I think you need to go back to trademark school my friend. Claiming a trademark is not the only way how you can protect your name.

Quote:

Originally Posted by Fatbat (Post 15577062)
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.


SmokeyTheBear 03-04-2009 02:58 AM

Shap , while looking thru some trademark stuff i noticed a funny coincidence.

You registered sextube 8 days after a different company called sextube ( the company blue titan media , you spoke about fighting earlier "officialsextube" ) applied for a trademark on "pornotube". Coincidence ?

p.s. not trying to stir shit but you mentioned you regged sextube to protect the name just like twistys, is there more to the story ?

lazycash 03-04-2009 03:18 AM

Quote:

Originally Posted by Shap (Post 15574373)
I'm not looking to take his traffic and destroy his livelihood. I don't think people realize that.

You responded with this when I suggested a compromise. Can you elaborate as to what exactly you want from him if you aren't interested in destroying his livelihood?

Mr.Right - Banned For Life 03-04-2009 04:11 AM

does anyone have a trademark on "SexBlog" ?

If so, they could steal all the SexBlog domains too.

NetHorse 03-04-2009 04:36 AM

Quote:

Originally Posted by Mr.Right (Post 15580398)
does anyone have a trademark on "SexBlog" ?

If so, they could steal all the SexBlog domains too.

You mean they could send letters threatening to steal all the sexblog related domains. :winkwink:

babydred 03-04-2009 04:42 AM

No side taken here...
BUT!
I have to agree with EroticSexxx...this is gonna open a can of worms that NONE of us affiliates need in this industry...especially with paysite owners looking for more and more ways to cut us out.

The gov'ment doesn't have to step in and police our shit...if they leave us alone long enough we'll kill each other...the same thinking the KKK (and undercover racist sympathizers) survives on.

If paysites "kill" the affiliates they'll be hurting themselves more than they think...the proof can be shown if WE webmasters rise up as a single force and pull links (only prob is those affiliates that are converting like mad with the bad guys, they figure more of a conversion for them, fuck that other muthafucka, i'm gettin' paid!)...they're not going to lighten their wallets for the greater good). Even though they're commiting affiliate suicide.

This thread is just ANOTHER reason for affiliates to band together.

With sponsors fucking us on xsells, we have sponsor-owned tube ads to contend with.

Then full movie, sponsor content uploads from those pesky "rouge affiliates" was (and apparently still is) the excuse for fucking us over...

Now (thanks to Twisty's/Shap's "lawyers") it's reverse domain hijacking using the excuse of protecting their trademark...it won't end until us affiliates are irrelevant to paysite sponsors.

Little by little they're cutting into us, figuring out new ways to take our money.

We REALLY need to band together and start pulling links/traffic from these sponsors, they say (not to us affiliates directly of course) it won't matter but NUMBERS don't lie when they notice traffic dropping off...

NetHorse 03-04-2009 04:43 AM

Quote:

Originally Posted by Mr.Right (Post 15580398)
does anyone have a trademark on "SexBlog" ?

If so, they could steal all the SexBlog domains too.

and BTW, no there is not. Go TM it now!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

http://tess2.uspto.gov/bin/gate.exe

http://tess2.uspto.gov/bin/gate.exe?...4010:eap54.4.5

seeandsee 03-04-2009 04:46 AM

i have sexblogblog . com :)

Will they take my domain? :) Or i can trademark that and get all domains :)

DarkJedi 03-04-2009 05:09 AM

Quote:

Originally Posted by lazycash (Post 15580316)
You responded with this when I suggested a compromise. Can you elaborate as to what exactly you want from him if you aren't interested in destroying his livelihood?

RUH ROH

http://www.hardsextube.com/resolving-problems-huh.jpg

MoreMagic 03-04-2009 05:33 AM

Fuck I think i going to have a party with twisty's Shap start to become more and more (like most affiliate programs) act like leeches. Let the affiliates make us and then turn them down on every possible way.

Quote:

Originally Posted by Davey Jones (Post 15580529)


Ethersync 03-04-2009 05:35 AM

Quote:

Originally Posted by Davey Jones (Post 15580529)

Fuck Twistys. Fuck Shap. This is disgusting. Who is Shap's lawyer?

split_joel 03-04-2009 05:43 AM

did i mention i own twistysporn.net

Tippy 03-04-2009 05:48 AM

I wish I had a SexTube name, Id love to go head to head with Twistys, I beat eBays wrath so beating Twistys should be even ezier.

I will be looking for SexTube names today, tomorrow and so on.

Talk to you later Twistys...

PLEASE PEOPLE, DONT HAND YOUR DOMAINS OVER TO THIS DESPERATE COMPANY.

gideongallery 03-04-2009 05:54 AM

Quote:

Originally Posted by Davey Jones (Post 15580529)

ok this proves it shap you need to fire your lawyer, he is not a trademark expert at all
anti-cybersquatting consumer protection act is a US law and only apply to trademark disputes between two US companies.

Threatening a non-US company with such a law, means your lawyer is an idiot who really doesn't understand INTERNATIONAL trademark law very well.

The good trademark lawyers cost you at least $500/hour, don't deal with the bargain basement priced lawyers who are going to represent you for $100-200/hour or you will keep making mistakes like this.

NetHorse 03-04-2009 05:58 AM

Quote:

Originally Posted by Ethersync (Post 15580579)
Who is Shap's lawyer?

http://www.sandsebolt.com/

I sent them an email about trademarking SexBlog and sending letters of intent to everyone who owns an adult blog with the word sex it in it. :) All your domains are belong to us.

Matyko 03-04-2009 06:08 AM

+5 pages for sure.

Vexes 03-04-2009 07:13 AM

This is one epic fail.

Shap used to be considered one of the good guys.

Guess he does not need the little people anymore.

Shap 03-04-2009 07:14 AM

Quote:

Originally Posted by SmokeyTheBear (Post 15580283)
Shap , while looking thru some trademark stuff i noticed a funny coincidence.

You registered sextube 8 days after a different company called sextube ( the company blue titan media , you spoke about fighting earlier "officialsextube" ) applied for a trademark on "pornotube". Coincidence ?

p.s. not trying to stir shit but you mentioned you regged sextube to protect the name just like twistys, is there more to the story ?

Exactly what I said. To protect our name. We had applied for the trademark before them. Our original trademark lawyers didn't feel it was urgent. So they applied for Canada first then US. So Canada was applied in July 2006 and then US in December. These guys tried to steal the domain from us. So we had to go into emergency mode to protect ourselves. Like I said the trademark was to protect ourselves.

Shap 03-04-2009 07:16 AM

Quote:

Originally Posted by split_joel (Post 15580598)
did i mention i own twistysporn.net

Joel i'll be contacting you today. If you think you are funny you'll see what funny is.

split_joel 03-04-2009 07:19 AM

Quote:

Originally Posted by Shap (Post 15580824)
Joel i'll be contacting you today. If you think you are funny you'll see what funny is.

Really? If you are so concerned about your name that why did you not already down twistysporn.net ????

Better yet why do you not own twistysporn.com

You scare me so much.

Jdoughs 03-04-2009 07:29 AM

That domain was not 'stealing traffic' from you NOR infringing on your 'trademarks'.

This is just a money suck, what a fucking weak company.

Are you going to DMCA any site that mentions the words sextube and have them removed from the serps also?

Might as well make it a full sweep.

Killswitch - BANNED FOR LIFE 03-04-2009 08:15 AM

This thread is turning LOL in a very fast pace.

ladida 03-04-2009 08:32 AM

Twistys getting crusified...

seeandsee 03-04-2009 08:36 AM

If i trade mark Xtube, who will transfer all domains to me, i want seXTUBE.com too!?

CaptainHowdy 03-04-2009 08:38 AM

Quote:

Originally Posted by Honez (Post 15579407)
Will this thread be made into a movie? :)

I don't know! You're cute and I'm lost for words...


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