I think this thread is blown way out of proportion. This is a business taking the advice of their lawyers to protect its intellectual property. The legal argument is to exercise control over the quality of the product or service of its trademarks. It's the sole reason people bother to get trademarks in the first place. :upsidedow

I am curious to see the outcome though. Ford went after forums and club sites last year, ordering them to pay fines and surrender the domain names. However, in court they were only able to stop these sites from using photographs, depictions or silhouettes, or any similar variation that infringed on Ford's intellectual property. The actual domain name itself was not deemed as an "identifier" of Ford.

So one of the reasons you are trying to take his domain is that you think he may have child porn on his site and you don't want to get in trouble for it? Tell me... did you report the suspect porn to the authorities?

Give me a break...

lol ok this thread made my day .. I thought being hung the fuck over today was going to be no fun...
But its been as much fun as watching
http://www.hardsextube.com/?search=paris+hilton

And if the current owner of
http://www.hardsextube.com/ ..
is still reading this thread.. clean up your site for fuck sakes... User submitted or not some videos should never be put live,,,
Shap would be doing the world a fav by knocking you offline after seeing the videos I just saw on your site.. I cant even screen cap that shit. (I'd post the reqired proof but considering what it is I wont and can't...

As for the copyright and all that I'm not a legal eagle but right or wrong in the public eye I think Shap is within his rights here.. And its possible that he is legally obligated to send out the notices to keep his own copy right..

bump for great justice

Damn you just ruined my paris hilton high. These girls look to be real young. hey crazy hdkiller you sure these girls are 18? I don't want to get off on underage shit man

http://www.hardsextube.com/video/108...Chompu-all---2

http://www.hardsextube.com/video/108...Chompu-all---7

http://www.hardsextube.com/video/108...Chompu-all---1

Got any beast stuff hdkiller? hdbeast would be killer :1orglaugh

Sorry, but you are completely incorrect with that assumption.

I could cite dozens of completely generic worthless trademarks to convince you, but I don't have the time.

How about one case in point, remember voyeur.com?

Shap's trademark claim for "sex tube" is worthless. He just doesn't know it.

guacamole is good :2 cents:

GUACAMOLESEXTUBE.COM is available! :1orglaugh

i'm not sure why you seem to think that someone can't register Sex Tube as a trademark and then defend it against domains like "sextube.com"

you might want to research how many domains Steve Cohen won that had "sex" in them.

Play and Boy was pretty generic at the time too.
WG

How about penthouse? I think penthouse was used as a generic term way before it was trademarked for the magazine.

im not familiar with that one, what hhappened?
WG

If Shap comes out of this thread with a solution agreed with the owner of the site then it speaks volumes for him as a man. I honestly hope he doesn't just take the site off the guy in Court. It seems like a big site and an awful lot of work has gone into it. Would be a shame to see it taken away.

I will admit, after reading to page 3 I was calling Shap an asshole too, but I think he will work something out with the guy and like I said, if he does, kudos to him.

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.

the ignorance in this thread is astounding.

its not about YOUR opinion... its about what US Law, international law, ICAAN and the WIPO thinks.... and there is no such thing as a "worthless trademark" anymore than there is any such thing as a "worthless patent" - either it exists or it doesn't. if it exists, its valid until found to be invalid in a court of law in some particular jurisdiction.

I hope so to. The guy is a special type of guy. He is going around claiming how much bigger he is than me and that he doesn't want to abuse his power. I'm not sure if something is getting lost in translation or if he just speaks that way. My gut and experience tells me this guy is just one of those guys who's not interested in even talking. I hope I'm wrong. I really want to work something out.

It's a long story. Try googling it. Everything is well documented.

excellent only question is whether to turn it into a latina tube site or vids of dudes sticking their dicks into bowls of guacamole...decisions decisions :helpme

There's got to be a compromise somewhere here. Obviously hardsextube had no mal intentions of infringing on sextube since no site even existed when the hardsextube domain was registered and developed. Shap, why not ask him for a permanent twistys banner spot or permanent text links to your other tube sites in exchange for not pursuing acquisition of his domain.

Agreed :2 cents:

I did just that and have to say I wouldn't, not saying there underage but I wouldn't have questionable content up in the first place....

There is no excuse....

I'm not looking to take his traffic and destroy his livelihood. I don't think people realize that.

What the fuck do you really want to work out you fucking lol? :) Who the fuck spent more on ads me or you? So go fuck and play with yourself.. I can prove myself, and i can sue you in many country, because i just a bit smarter than you. LAME

CONTACT ME ON ICQ AND DONT HIDE YOURSELF, YOU ARE NOT BRAVE ENUF TO SPEAK WITH ME

I'm glad everybody in this thread agrees with you and you are the guy they are defending.

I've sent you 5 icqs with no reply.

*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*

Yes, it's generic but not for a porn magazine. If they had chosen "PornMagazine.com" then that'd be more like this current situation.

So the problem is that this guy is trying to protect his TM for what you all consider generic terms, sex and tube.

So what if I registered a domain hardfreeones.com. Free and ones are generic terms, so therefore I should be able to have this domain, right?

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:

hah. he still not contact me on icq... so you speaking the truth.. adult is disgousthing

All twistys links dropped.

Shap, go fuck yourself.

:321GFY

350 sexy tubes!

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.

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.

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.

i have bought shaptube.com

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:

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...

lol..this is hiarliriuss

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

dmca
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