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

Honez 03-02-2009 07:10 PM

350 sexy tubes!

Lamis 03-02-2009 07:11 PM

Shap god OWNED... Even though he tries to stay cool and keep playing "poker".. lol..

You are totally owned shap.. and you need a new lawyer... BIG troubles are on your way... hehe.

eroticsexxx 03-02-2009 07:15 PM

Quote:

Originally Posted by hdkiller (Post 15574418)
hah. he still not contact me on icq... so you speaking the truth.. adult is disgousthing

Don't get me wrong now.

My views on this issue are focused on the long term repercussions of this legal battle and its resulting effect on everyone in this industry. If we, as a collective, begin to allow the legal blocking of segments of "inadvertent" domain name ownership, industry creativity over the long term could possibly be stunted. It also sets up a dangerous precedent that could be abused for the purposes of shutting down others in the future.

We don't want that.

This industry needs competition and growth. Everyone needs to work together, even if they are at odds with each other.

Look at the bigger picture that affects us all.

You guys need to work this out and not here on GFY. This is business, not personal.

Lamis 03-02-2009 07:18 PM

FUCK YOU SHAP...

There IS NO WAY you will get those domains.. NO WAY.

A friend of mine has 10 domains registered and using the "sextube" sheme and YOU CAN'T touch him. Using your Mafia Style of intimidating via email WON'T do shit.

All your content is already spread on torrents with thousands of seeds and also rapidshare links.

TeenCat 03-02-2009 07:20 PM

i have bought shaptube.com

Pleasurepays 03-02-2009 07:24 PM

Quote:

Originally Posted by eroticsexxx (Post 15574389)
*dons tinfoil hat*

Perhaps lawmakers are fully aware of the potential for cannibalism within this industry.

Knowing full well that greed can destroy the best of things, their allowance of takeovers like this (regardless of the intentions of the trademark owner) sets a precedence that most likely will be followed to the nth degree until the faeces hits the oscillating unit and the industry implodes, engulfed by the stench of hypocrisy regarding opposing views about domain name freedom on the internet.

It is best that everyone involved in this situation think long and hard about what legal precedence will be set and how this can potentially blow up in all of our faces...and pockets...over the the long term.

*crumples tin foil hat into a tight ball and tosses it out of the window*

domain trademark disputes, complaints and lawsuits happen all day, everyday. in fact, i just got a nasty letter from the lawfirm representing Eharmony.com on friday claiming a domain i own (a hoax site, no less) infringes on their mark, namely by using the word "harmony". it will go right into my pile of senseless legal threats. i have a large one. i have tons them from the Vatican to Subway (jaredremembered.com)

every single registrar and parking company of any real size is usually dealing with several trademark disputes/claims at any given moment not to mention complaints and lawsuits and disputes that do not involve parking or registrar companies (disputes that remain between two parties). Shap isn't going to be setting any precedence no matter what he chooses to do. domains and the resulting disputes weren't invented yesterday and neither was ICAAN's UDRP

besides, the law is not about who's right or wrong. it's about who wins. to determine that... you have to to fight. fighting comes with a serious cost. its all fine and well to talk tough... but when it comes down to it and you realize you're doing nothing but enriching a room full of attorneys just to take a principled stand, you'll regret the waste of time, money and energy.

:2 cents:

hdkiller 03-02-2009 07:25 PM

I said, you didnt contatct ME on ICQ, and now you are loosing affiliates... You are a lame SIR, and u will loose serious money...

GAMEFINEST 03-02-2009 07:29 PM

lol..this is hiarliriuss

cognitos 03-02-2009 07:30 PM

Quote:

Originally Posted by hdkiller (Post 15574461)
I said, you didnt contatct ME on ICQ, and now you are loosing affiliates... You are a lame SIR, and u will loose serious money...

Why did you choose a domain with sex and tube in the url, Is this because you perceived it had value?

hdkiller 03-02-2009 07:33 PM

Quote:

Originally Posted by shap (Post 15574345)
ok. Now i'm off. I tried contacting the owner of hardsextube on icq for the past 45 minutes with no reply. We'll see if he wants to work something out.

For those of you defending him you might want to visit his site. Check out the videos and tell me if you'd want your trademark and domain confused with his.

dmca
.
.
.

hdkiller 03-02-2009 07:35 PM

Quote:

Originally Posted by cognitos (Post 15574469)
Why did you choose a domain with sex and tube in the url, Is this because you perceived it had value?

yeah sure.... i was expected they a millions of uniq who typosquatting sextube into hard sextube... what a genious i am..... /sarcasm

hdkiller 03-02-2009 07:36 PM

but for fun now my trademark the next door, so let me show you how we going to scam all the domains having next door in it...

SarahLLO 03-02-2009 07:37 PM

Quote:

Originally Posted by Davey Jones (Post 15572705)
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:

apesex.com?

:eek7

fuzebox 03-02-2009 07:40 PM

Quote:

Originally Posted by SarahLLO (Post 15574484)
apesex.com?

:eek7

sexape.com is an mgp twistys has owned for years.

SmokeyTheBear 03-02-2009 07:40 PM

Quote:

Originally Posted by cognitos (Post 15574469)
Why did you choose a domain with sex and tube in the url, Is this because you perceived it had value?

im just taking a wild shot in the dark here but i bet he regged it because he wanted a tube site that showed sex. Why do you think he did it, because he noticed sextube was regged but not even a site and wanted to trick other people who knew shap trademarked the term sextube but it wasnt even a site yet ? for all those people who frequently type in trademarks that arent being used ?

eroticsexxx 03-02-2009 07:41 PM

Quote:

Originally Posted by Pleasurepays (Post 15574458)
besides, the law is not about who's right or wrong. it's about who wins. to determine that... you have to to fight. fighting comes with a serious cost. its all fine and well to talk tough... but when it comes down to it and you realize you're doing nothing but enriching a room full of attorneys just to take a principled stand, you'll regret the waste of time, money and energy.

I understand what you're saying, but my reference involved this industry in particular and the possible effect on smaller webmasters and programs.

For example, if my developing brand all of a sudden begins to take over an established, wealthy program, and they decide to exert a similar effort as Twisty's to shut me down, who really wins in the long term?

What if the service that I'm providing (or would have come up with because of my newfound success) would have actually helped the industry move 10 years ahead?

Who really suffers? We can fool ourselves all we want, but there are people (namely lawmakers) who would love to see this industry fall flat on its face. At the same time, while every business is about money, there needs to be some semblance of decorum when situations like this occur. The problems that I have seen in my short stint in this industry involve a deep fragmentation regarding business planning and established standards. It seems as if we all can be turned against each other with a simple accusation.

Order needs to be implemented and regardless of whether people find themselves on the shitty end of the stick, there needs to be a sense of professionalism and respect at all times...or at least as much as possible.

Another point to ponder is: Do we really want regulators and lawmakers delving in the inner workings of our industry and being the "referees" in fights that they don't want any of us to win?

SarahLLO 03-02-2009 07:43 PM

Quote:

Originally Posted by fuzebox (Post 15574494)
sexape.com is an mgp twistys has owned for years.


Sheesh, thank goodness. I was worried for a minute there :winkwink:

CyberHustler 03-02-2009 07:45 PM

:1orglaugh

hdkiller 03-02-2009 07:45 PM

http://www.arpa.org/mayo.jpg

crockett 03-02-2009 07:49 PM

Quote:

Originally Posted by Shap (Post 15572568)
We trademarked SexTube and GayTube for the same reason we trademarked Twistys. To protect our investments.

We registered SexTube before YouTube was even registered. Back then tube was not a common term used online.

I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.


Wow man it looks like you will finally have "bro status". You have really managed to go from "respectable status" to "bro status" pretty fast.. Fuck dude how much money is enough? Seems once greed takes hold, you guys always end up the same.

Congrats on your millions..

btw I wonder how you would feel if the owner of "tube" TM came and stole your domains..

DaddyHalbucks 03-02-2009 07:55 PM

Is his use limited to Hungary, or does he do business with US customers?

polish_aristocrat 03-02-2009 07:57 PM

I'm glad I didn't pay the big bucks for twisty.com



:glugglug

hdkiller 03-02-2009 07:58 PM

Yeah but the guys who ownes those domains does not give it away for free...

BusterBunny 03-02-2009 08:00 PM

after much contemplation it has been decided guacamolesextube.com will consist of men fucking bowls of guacamole...the latina market is too saturated already:(

wtfent 03-02-2009 08:00 PM

Drama for your mamma

crockett 03-02-2009 08:04 PM

Quote:

Originally Posted by Brujah (Post 15572667)
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.


I'm glad someone else looks at it the same way I do.. Shap has turned into a real bitch. fucking sad thing to, I used to respect him for what he had built, in what seemed to be a honest way.

Looks like those days are over.

hdkiller 03-02-2009 08:12 PM

And he is still not contacted us on ICQ..... 3m usd is the price for now, do you have that money, or you still want to scam it for a $350 by filling a trademark?

mmcfadden 03-02-2009 08:14 PM

what's going on in here? read the first page and this page...

cess 03-02-2009 08:17 PM

Quote:

Originally Posted by Brujah (Post 15574416)
He's an idiot, but that doesn't make what you're doing right. Just wanted to clarify that nothing I've said has anything to do with his site, or the owner. Only the issue of domain rights for generic domain owners. :2 cents:

That's exactly what 99% of the people here are complaining about. 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.

cognitos 03-02-2009 08:21 PM

Quote:

Originally Posted by cess (Post 15574615)
That's exactly what 99% of the people here are complaining about. 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.

So if I took the two generic terms such as 'free' and 'ones' and registered hardfreeones.com that would be kosher?

BusterBunny 03-02-2009 08:22 PM

Quote:

Originally Posted by mmcfadden (Post 15574604)
what's going on in here? read the first page and this page...

i am starting a tube site filled with men fucking bowls of guacamole that's about all you need to know:thumbsup

Brujah 03-02-2009 08:22 PM

Quote:

Originally Posted by cognitos (Post 15574624)
So if I took the two generic terms such as 'free' and 'ones' and registered hardfreeones.com that would be kosher?

No, and you should probably stop now. I'm sure you think that's really clever and that it's making an interesting point. Smarter people have made much better points throughout this thread.

cognitos 03-02-2009 08:26 PM

Quote:

Originally Posted by Brujah (Post 15574628)
No, and you should probably stop now. I'm sure you think that's really clever and that it's making an interesting point. Smarter people have made much better points throughout this thread.

Okay, would you mind explain the difference then between hardsextube.com and hardfreeones.com to someone who is not as clever as you?

Thanks in advance. :)

Ethersync 03-02-2009 08:26 PM

Quote:

Originally Posted by cess (Post 15574615)
That's exactly what 99% of the people here are complaining about. 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.

:2 cents:

Ethersync 03-02-2009 08:30 PM

Quote:

Originally Posted by cognitos (Post 15574624)
So if I took the two generic terms such as 'free' and 'ones' and registered hardfreeones.com that would be kosher?

Is "ones" even a word?

Brujah 03-02-2009 08:37 PM

Quote:

Originally Posted by cognitos (Post 15574634)
Okay, would you mind explain the difference then between hardsextube.com and hardfreeones.com to someone who is not as clever as you?

Thanks in advance. :)

Sex Tubes or Porn Tubes are exactly what these types of sites are. Free Ones doesn't carry the same obvious descriptiveness.

d-null 03-02-2009 08:37 PM

Quote:

Originally Posted by Ethersync (Post 15574645)
Is "ones" even a word?

sure

eg. "he is one of the lucky ones" "you can choose from these ones" etc.

it is a plural of single definite units

Ethersync 03-02-2009 08:48 PM

Quote:

Originally Posted by d-null (Post 15574664)
sure

eg. "he is one of the lucky ones" "you can choose from these ones" etc.

it is a plural of single definite units

oops. duh. "loved ones", "easy ones", etc... i need some sleep :)

gideongallery 03-02-2009 08:49 PM

Quote:

Originally Posted by SmokeyTheBear (Post 15574495)
im just taking a wild shot in the dark here but i bet he regged it because he wanted a tube site that showed sex. Why do you think he did it, because he noticed sextube was regged but not even a site and wanted to trick other people who knew shap trademarked the term sextube but it wasnt even a site yet ? for all those people who frequently type in trademarks that arent being used ?

or maybe it was that the domain sextube.com was taken, he wanted sex in his tube site and he started generating new words that included sex tube and still made sense.

Microsoft argued they had a right to buy a generic word out of the dictionary too (lindows.com vs microsoft) and the judge ruled against that arguement, which is why they settled for 10 million dollars.

Funny thing is that now that they have uniquely coined phrase they can stop all the varients (bindows, etc) as an infringement of lindows.com.

devine 03-02-2009 08:49 PM

Quote:

Originally Posted by mpahlca (Post 15573195)
BTW thanks for everyone hitting the site, looks like best day ever on http://www.sextube.com keep it up.

so the traffic from GFY made your site's best day? damn, it really must be doing horrible, now I understand why you're going after a bigger site :winkwink:

cognitos 03-02-2009 08:53 PM

Quote:

Originally Posted by Brujah (Post 15574663)
Sex Tubes or Porn Tubes are exactly what these types of sites are. Free Ones doesn't carry the same obvious descriptiveness.

So if I were to vist FreeOnes.com, I could NOT expect to find free photos and videos of celebs, super-models, and pornstars -- those being the ones I am looking for?

But if I made a site called HardFreeOnes.com -- that specialized exclusively in hardcore imagery and videos of celebs, super-models, and pornstars, I could circumvent any trademark protection that Freeone.com may have as I am using generic terms 'hard' (the style of content) 'free' (no charge for viewing the content), and ones (the ones that the surfer is looking for). HardFreeOnes.com :)

Killswitch - BANNED FOR LIFE 03-02-2009 08:56 PM

Quote:

Originally Posted by cognitos (Post 15574634)
Okay, would you mind explain the difference then between hardsextube.com and hardfreeones.com to someone who is not as clever as you?

Thanks in advance. :)

How many sites on the internet have free and ones in it? how many have sex and tube?

Think about it... You're grasping for straws now.

Brujah 03-02-2009 08:57 PM

"Free Ones" = free what? You wouldn't expect to find porn.

I realize you're here to support Shap or something probably, but seriously you should consider tagging someone else in at this point. You fail.

Atticus 03-02-2009 09:03 PM

This thread is humorous.

Yes SexTube is a brand and Shap has every right to protect his brand. Just because his brand is piggybacking off of the popularity of a much larger mainstream brand doesnt make his trademark any less enforceable.

It doesnt matter that the two words together are generic. Try registering collegefacebook.com and see how it goes.

It doesnt really matter if he is enforcing the trademark because he wants the traffic of the larger site or if he wants to limit confusion of his branding efforts to that of a site that offers full length videos and questionable content. He had the vision as a successful businessman and its his legal right to do what he pleases. The only thing he needs to weigh is if this legal course of action will cost him more affiliate business elsewhere thus negating the positive benefits of enforcing his trademark. (I seriously doubt it)

georgeyw 03-02-2009 09:03 PM

Quote:

Originally Posted by Shap (Post 15572762)
So you guys think you can register sexyoutube.com and nothing would happen?

Hard Sextube.com

Hardsex Tube.com

When will you be suing Dave CHAPpelle??

As others have already said - you use to be quite the inspirational figure and now it seems Lars' greed has become contagious :(

chodadog 03-02-2009 09:07 PM

I don't think when people are commenting on whether or not this is fair, they can consider the stolen content on the guy's website. Because that's not the issue. That's not why his site is being targetted. And the fact is, a perfectly legitimate tube site with full permission to use the content ending in sextube will be at risk here.

Brujah said it best.

Quote:

Originally Posted by Brujah (Post 15573974)
Well, I'm not an anonymous poster and I hope you lose any WIPO and are chastised for Reverse Domain Hijacking. Domain owners rights should be protected from someone getting a trademark for a generic word or phrase with generic usage and then using it as a weapon to steal others with generic domains, using their domains for what those generic words describe. That is who you've become.

Shap is the new Acacia.


Fatbat 03-02-2009 09:07 PM

Quote:

Originally Posted by WarChild (Post 15572736)
I sort of doubt the trademark in Hungary predates the US one.

http://tess2.uspto.gov/bin/showfield...07:eds6u9.5.17

Filing Date December 15, 2006
Current Filing Basis 1A
Original Filing Basis 1B;44D
Published for Opposition September 25, 2007
Registration Number 3350922
Registration Date December 11, 2007
Owner (REGISTRANT) Carsed Marketing Inc. CORPORATION BAHAMAS P.O. Box AP59223 Slot 378 Nassau BAHAMAS

It doesn't have to, only the domain registration does. If the domain was registered before that trademark was filed, this is a case of reverse hijacking, plain and simple.

Quote:

Originally Posted by Cyandin (Post 15572527)
If someone buys a domain, it's theirs - period. If a company is not smart enough to buy all variants of their domain up, or names that appear similar, then it's on them.

The arguments to the contrary are mostly those of big companies trying to bully the little guys out of good domain names.

I say it again - If you go to a registrar and they sell you an available domain, then it's yours incontrovertibly. The big guys can then suck it up and pay the new owner for it if they want it so bad.

One only needs to look at WIPO case history to see that you really don't know what the fuck you are talking about.

cess 03-02-2009 09:07 PM

Quote:

Originally Posted by Atticus (Post 15574711)
It doesnt matter that the two words together are generic.

Actually it does. If you owned a general store called General Store and sued someone for calling their store The General Store or even General Store you'd lose in court. If you somehow got the trademark it would make no difference. Plenty of people get trademarks that don't hold up in court.

cognitos 03-02-2009 09:10 PM

Quote:

Originally Posted by Brujah (Post 15574699)
"Free Ones" = free what? You wouldn't expect to find porn.

I realize you're here to support Shap or something probably, but seriously you should consider tagging someone else in at this point. You fail.

No, I think I will stay. So, I could go to Hungry, and register HarderSexTube.com and not be in violation of this other guys Hungarian trademark?

WarChild 03-02-2009 09:13 PM

Quote:

Originally Posted by Fatbat (Post 15574719)
It doesn't have to, only the domain registration does. If the domain was registered before that trademark was filed, this is a case of reverse hijacking, plain and simple.



One only needs to look at WIPO case history to see that you really don't know what the fuck you are talking about.

I agree but appears as if sextube.com was also registered before hardsextube.com was.

This is just a shitty situation, because I can totally sympathize with hardsextube.com owner here. I'm almost positive he was in no way intending to infringe on any trademarks. In fact, his site seems to have been live long before Shap's was even if Shap's was registered first.

It probably doesn't help that the owner of hardsextube.com is responding with things like "The law is the law" and "DMCA" to people.

How do domain disputes really work? Do they question if a trademark will hold up in court? I would expect it's simpler than that. I wouldn't be too surprised if Shap could win in a domain dispute.

If everything is as it appears and his domain registration and trademark both predate hardsextube.com then that might just be enough. It's possible that what hardsextube.com would have to do is first challenge the Trademark, then respond to the domain dispute that the trademark had been quashed and thus argue Shap has no recourse.

I don't know though, I'm just thinking out loud.


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