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

IllTestYourGirls 03-02-2009 01:19 PM

I dont get it how is Hards Ex Tube an infringement? j/k

mpahlca 03-02-2009 01:19 PM

Quote:

Originally Posted by Mr.Right (Post 15572548)
Yes, i understand that. It's covered in the first post.

I'm just dumbfounded by this. How can "sextube" or "gaytube" be registered trademarks? Isn't it the same as say, "freeporn" (which cant be trademarked)?

And taking away domains like hardsextube.com from people is totally fucked IMO. It looks like you trademarked your names just so that you can take away all the other names from people.

BTW some other registered trademarks for you

youporn
redtube
playboy
bangbus

Shap 03-02-2009 01:19 PM

Quote:

Originally Posted by Brujah (Post 15572632)
Great, what about the owners of Tube.com or Sex.com or Gay.com? Now you're infringing on their domains then aren't you?

There is no trademark for gay, tube or sex. So we aren't infringing on any of those trademarks.

PSSuperstars 03-02-2009 01:20 PM

Quote:

Originally Posted by cess (Post 15572636)
From what I've read.. Yes using general words like that won't hold in court. You can still get them trademarked sometimes, some of the dumbest things have been trademarked. But from what I understand if you tried to sue someone for using "general store" after you somehow got a trademark, you'd lose in court or well most likely.

But how many people have the money to fight someone who can nonchalantly say, ahead of the fact, "Hey we're just doing what our lawyers tell us to do?"

A common webmaster isn't going to have that money or growth.

mpahlca 03-02-2009 01:20 PM

Quote:

Originally Posted by Brujah (Post 15572632)
Great, what about the owners of Tube.com or Sex.com or Gay.com? Now you're infringing on their domains then aren't you?

if they had the term trademarked prior in time to his yes, but since they aren't no.

pornguy 03-02-2009 01:21 PM

Quote:

Originally Posted by Shap (Post 15572621)
We are open to working with everyone. We aren't out to fuck anyone over :winkwink:

Hope him or someone he knows sees that and takes it for what it is.. IF you have legal rights to the domain etc, and the only reason I say that is because he says he TM'd it in Hungary or where ever, then it would be well worth working with you so that you both get something good from it.

papill0n 03-02-2009 01:21 PM

Quote:

Originally Posted by Davy (Post 15572628)
That sucks for the hardsextube owner. :(

He wont be letting anyone steal his domain. :2 cents:

mpahlca 03-02-2009 01:22 PM

Quote:

Originally Posted by PSSuperstars (Post 15572633)
So if someone did trannysextube? midgetsextube? diaperboysextube?

You'd go after them?

of course wouldnt you if you had the trademark?

would you even ask that question if it was say midgetplayboy.com?

Shap 03-02-2009 01:22 PM

Quote:

Originally Posted by pornguy (Post 15572658)
Hope him or someone he knows sees that and takes it for what it is.. IF you have legal rights to the domain etc, and the only reason I say that is because he says he TM'd it in Hungary or where ever, then it would be well worth working with you so that you both get something good from it.

He TM'ed it because I emailed him to give him a heads up a while back and to try to work something out. So he TM'ed it to try to protect himself.

Agent 488 03-02-2009 01:22 PM

sextube.com alexa: 11k
hardsextube.com alexa: 790

someone is getting a steal.

Brujah 03-02-2009 01:23 PM

1,811 results for domains containing 'sextube.com'
http://domain-search.domaintools.com/?q=sextube.com

Karma's going to own your ass big someday Shap, and you'll deserve every bit of it. I really used to think you were alright, a pretty good guy. All these bitch moves you're making lately though, maybe it's who you always were or just who you've become. Whatever helps you sleep at night, Scrooge.

Mr.Right - Banned For Life 03-02-2009 01:23 PM

Quote:

Originally Posted by mpahlca (Post 15572623)
Quick question why does it put him or anyone else in a bad light?

For me i thought the internet and adult internet was a business and that someone using a trademarked term to build a site on (since you seem to have a hard on for hardsextube.com lets use them) is in violation just like if you started fuckingplayboy.com or anything else baseing your site on a trademarked term. Not his fault they built a site on a trademark term should have researched it first, if I start bangbustube.com tomorrow i am guessing they will be coming for me at some point.

Just my :2 cents: but I would have researched my domains first, then started sites.

Sorry, but if you don't see the difference in trademarks on Playboy and SexTube youre an idiot.

Let's be realistic here. Someone having hardsextube.com name in no way collides with your sextube.com site. You just want to take away some juicy names and you're hiding behind the "our lawyer did it" excuse.

Disgusting.

mpahlca 03-02-2009 01:23 PM

Quote:

Originally Posted by RageCash-Ben (Post 15572660)
He wont be letting anyone steal his domain. :2 cents:

No offense but how is it stealing? and you saying this is BS, if i registered domains under your site for instance like hardragecash.com you wouldnt come after me?

cess 03-02-2009 01:24 PM

Quote:

Originally Posted by PSSuperstars (Post 15572649)
But how many people have the money to fight someone who can nonchalantly say, ahead of the fact, "Hey we're just doing what our lawyers tell us to do?"

A common webmaster isn't going to have that money or growth.

You're right it's bullshit things can get through that shouldn't. I'm not blaming twistys here but anything that won't hold up in court for a trademark should never be able to be trademarked.

But it's not just trademarks, people get sued for all kinds of shit these days. You can sue someone for anything, no matter if they are guilty or not.

fris 03-02-2009 01:24 PM

Quote:

Originally Posted by Shap (Post 15572500)
Do you believe someone should be allowed to start twistystube? How about pepsitube?

We are just following our lawyer's advice and protecting our investments.

hardsextube was created even before you had your name trade marked, you wont be getting the name, it has trademark in its own country.

Maybe it has to be the fact that hardsextube has way more traffic than sextube.

Whatever your laywer is telling you, it wont happen, ever.

mpahlca 03-02-2009 01:24 PM

Quote:

Originally Posted by Mr.Right (Post 15572668)
Sorry, but if you don't see the difference in trademarks on Playboy and SexTube youre an idiot.

Let';s be realistic here. Someone having hardsextube.com name in no way collides on your sextube.com site. You just want to take away some juicy names and you're hiding the "our lawyer did it" excuse.

Disgusting.

Check the registration date of the trademark if you don't see it you are insane, and the value of the sextube trademark to me is worth as much as the playboy one. If you think it isn't you wouldnt be posting here.

pornguy 03-02-2009 01:24 PM

Quote:

Originally Posted by mpahlca (Post 15572623)
Quick question why does it put him or anyone else in a bad light?

For me i thought the internet and adult internet was a business and that someone using a trademarked term to build a site on (since you seem to have a hard on for hardsextube.com lets use them) is in violation just like if you started fuckingplayboy.com or anything else baseing your site on a trademarked term. Not his fault they built a site on a trademark term should have researched it first, if I start bangbustube.com tomorrow i am guessing they will be coming for me at some point.

Just my :2 cents: but I would have researched my domains first, then started sites.



Actually Is someone started a site called Fuckingplayboy.com and it was totally ANTI playboy, then playboy could hate it all they would but would have to deal with it. Not totally sure how it works with monetizing the domain but http://paypalsucks.com/ has been around for years and is protected under freespeech.

PSSuperstars 03-02-2009 01:24 PM

Quote:

Originally Posted by mpahlca (Post 15572662)
of course wouldnt you if you had the trademark?

would you even ask that question if it was say midgetplayboy.com?

But Playboy is a trademark that is branded and well known..
Not someone trying to bully with keywords...

So you guys pretty much can go after anyone making any sort of fetish sex tube..

NOW.. I doubt it'd hold up in court... seriously doubt it... maybe a few years ago, but not now.

But no one in porn right now has your money or power... so they'd kinda give in.

mpahlca 03-02-2009 01:25 PM

Quote:

Originally Posted by pornguy (Post 15572676)
Actually Is someone started a site called Fuckingplayboy.com and it was totally ANTI playboy, then playboy could hate it all they would but would have to deal with it. Not totally sure how it works with monetizing the domain but http://paypalsucks.com/ has been around for years and is protected under freespeech.

Actually paypal allows them to use the domain, if they wanted to they could take it, ask your lawyer.

WarChild 03-02-2009 01:26 PM

Quote:

Originally Posted by fris (Post 15572672)
hardsextube was created even before you had your name trade marked, you wont be getting the name, it has trademark in its own country.

Maybe it has to be the fact that hardsextube has way more traffic than sextube.

Whatever your laywer is telling you, it wont happen, ever.

It looks like sextube.com was registered in 2004, well before hardsextube. Is that not true?

Furious_Male 03-02-2009 01:26 PM

That's a great business plan. The number of active sites using "Sextube" in the domain is pretty staggering. Get control of even half of them and you have an empire.

No sense in registering any remaining domains now or going after any low traffic sites. Wait until your average webmasters gets a good amount of traffic flowing to a site with the trademarked name in it. Then have the lawyers try to take it from them.

Brujah 03-02-2009 01:27 PM

Quote:

Originally Posted by Furious_Male (Post 15572684)
That's a great business plan. The number of active sites using "Sextube" in the domain is pretty staggering. Get control of even half of them and you have an empire.

No sense in registering any remaining domains now or going after any low traffic sites. Wait until your average webmasters gets a good amount of traffic flowing to a site with the trademarked name in it. Then have the lawyers try to take it from them.

I hope he loses some WIPOs and gets branded as a reverse domain hijacker. I can overlook mpahlca's comments though since he's PAID for his loyalty.

CamTraffic 03-02-2009 01:28 PM

Code:

My domain is a registered trademark in hungary (hard sex tube)
i'll tell the guy not to worry about it
he's in hungary, i doubt Twistys will start a lawsuit to get the domain back ( especially one that's international)
and if they want it back that bad, they can make it an offer

fris 03-02-2009 01:29 PM

Quote:

Originally Posted by WarChild (Post 15572680)
It looks like sextube.com was registered in 2004, well before hardsextube. Is that not true?

Thats true, but the trademark date, and ICANN looks at trademarks not just in USA/CAN, which only covers shaps trademarks, hardsextube is in hungary, which they own the trademark for.

I dont see the site changing hands anytime soon, or ever for that matter

Shap 03-02-2009 01:29 PM

I can't believe how many people are backing a guy who built his traffic on stolen content lol

PSSuperstars 03-02-2009 01:29 PM

Quote:

Originally Posted by Furious_Male (Post 15572684)
That's a great business plan. The number of active sites using "Sextube" in the domain is pretty staggering. Get control of even half of them and you have an empire.

No sense in registering any remaining domains now or going after any low traffic sites. Wait until your average webmasters gets a good amount of traffic flowing to a site with the trademarked name in it. Then have the lawyers try to take it from them.

It's a very ingenious way to throw your power, money around... especially knowing your average webmaster is just concentrating on paying his mortgage and automobile notes... not looking to play the trademark game..

Whether you have the legal right to it or not.. is NOT the point of this thread..

The point is the level of bullying it is..
and that 7 years ago.. you would have guffaw'd and scoffed and been astounded at someone doing this..

It just goes to show.. money and power.. and the ability to use that money and power.. changes people...

There's MAYBE 10-15 webmasters on here who could compete with you legally.. and you know it..

fris 03-02-2009 01:30 PM

Quote:

Originally Posted by Shap (Post 15572694)
I can't believe how many people are backing a guy who built his traffic on stolen content lol

You fund sites with stolen content, so its not much to talk.

No offense, you are part of the problem.

CamTraffic 03-02-2009 01:31 PM

Quote:

Originally Posted by Shap (Post 15572518)
We have the SexTube and GayTube trademarks as well.

so, you 're saying that all these sites Owners are also in infringement with the tradeMark:
thefreesextube.com
thesextubesite.com
firstsextube.com
enjoysextube.com
yousextube.com
homemadesextube.com

etc etc...

PSSuperstars 03-02-2009 01:31 PM

Quote:

Originally Posted by Shap (Post 15572694)
I can't believe how many people are backing a guy who built his traffic on stolen content lol

well.. I'm not even looking at the site..
I'm looking at the roundabout way of ethics and business choices made just in terms of keywords/registering...

and I'm THANKING God I never went keyword crazy with tube words lol

DarkJedi 03-02-2009 01:31 PM

Twistys own a lot of domains: http://darksidedata.com/twistys.txt

(pulled from whois info)


I think what they are doing is pretty bad.

:2 cents:

Brujah 03-02-2009 01:33 PM

Quote:

Originally Posted by Davey Jones (Post 15572705)
Twistys own a lot of domains: http://darksidedata.com/twistys.txt

(pulled from whois info)

A lot of typos for other peoples sites in there too. Guess that highlights the hypocrisy even more.

Shap 03-02-2009 01:33 PM

I think it important that you guys know we didn't get the trademark to go after people. We got it to protect the name and the site. We've spent a lot of money on both sites. We want to protect them.

Should somebody be allowed to run officialsextube.com? or therealsextube.com? We are investing and building up SexTube and GayTube. We have to protect ourselves.

DarkJedi 03-02-2009 01:34 PM

Quote:

Originally Posted by Brujah (Post 15572707)
A lot of typos for other peoples sites in there too. Guess that highlights the hypocrisy even more.

That's what I've noticed.

:disgust

BV 03-02-2009 01:34 PM

Shap, You and the rest that use "tube" in your name. All of you are a spin off from YouTube anyways!!!!!!!!!!!!!

So what will you do when they get around to suing you?

Brujah 03-02-2009 01:34 PM

Where's Steve at?
lightspeedcheerleaders.com

Shap 03-02-2009 01:35 PM

Quote:

Originally Posted by CamTraffic (Post 15572701)
so, you 're saying that all these sites Owners are also in infringement with the tradeMark:
thefreesextube.com
thesextubesite.com
firstsextube.com
enjoysextube.com
yousextube.com
homemadesextube.com

etc etc...

Correct. I'm sure a few of those have received letters as well.

mpahlca 03-02-2009 01:35 PM

Quote:

Originally Posted by Brujah (Post 15572686)
I hope he loses some WIPOs and gets branded as a reverse domain hijacker. I can overlook mpahlca's comments though since he's PAID for his loyalty.

A) I work for Shap cause I want to as I respect him as a person and a businessman no other reason, if you knew me you would know I dont need the job
b) Just so you know Shap's site was active prior to his and his trademark pre dates hardsextube even a hungarian court will follow ICANN rulings.

So all that being said in the end Shap will get the domain its just a matter of time and if hardsextube wants to fight it great for him, but sooner or later he will lose.

Va2k 03-02-2009 01:35 PM

Damn I use to have a lot of respect for you shap, but lately you turned into Lars and the other leech's! Un real what money will do to some people, but like Brujah said maybe you were always like this! *shrugs* Very sad to see this from you once again! Lay with dogs and you will get flea's

mpahlca 03-02-2009 01:36 PM

Quote:

Originally Posted by BV (Post 15572720)
Shap, You and the rest that use "tube" in your name. All of you are a spin off from YouTube anyways!!!!!!!!!!!!!

So what will you do when they get around to suing you?

Check Shaps trademark its pre youtube.com so maybe if you did some research instead of posting you would have known that.

Shap 03-02-2009 01:36 PM

Quote:

Originally Posted by Brujah (Post 15572707)
A lot of typos for other peoples sites in there too. Guess that highlights the hypocrisy even more.

LOL Those were registered years ago. Most are either not used are going to the site.


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