GoFuckYourself.com - Adult Webmaster Forum - View Single Post - *** Is this a legal threat? (opinions) ***

mikesouth · 11-30-2006, 04:28 PM

OK you are getting some seriously bad advice here

by people who know nothing about trademarks, service marks, copyright and the associative laws.

A trademark is determined by first use, the instant you usea name within an industry you own a trademark on that name, you do not have to register it to protect it, and even if you do register it that may not give you an exclusive on it.

Trademark law is kind of tricky but think of a trademark as applying to an industry and take for example Delta

Thats a good name and its used by lots of people like delta airlines and delta faucets
but both companies can use that name because nobody would confuse an airline for a faucet.

the respective LOGOs are a different story they are fully protected.

now lets consider the name Mike South I own a trademark on that name by virtue of the fact that I have used it commercially in the adult entertainment business.

theres also a car driver named Mike South either of us could legally own Mikesouth.com but if he put it up as a porn site then I have a trademark claim against him and If I posed to be a car racer he would have a claim against me follow me?

so lets say some girl calling hersel Betty BeeJay appears in avn magazine...you see this name and go out and check the url...lo and behold its available so you buy it

If you put up a site with a different girl called betty Beejay and its a cooking site (think rachel ray) then yer clear

if you put up a porn site....you are not and you will lose unless you can PROVE you used that name before she did commercially

Thats how it works in a nutshell

11-30-2006, 04:28 PM
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	OK you are getting some seriously bad advice here by people who know nothing about trademarks, service marks, copyright and the associative laws. A trademark is determined by first use, the instant you usea name within an industry you own a trademark on that name, you do not have to register it to protect it, and even if you do register it that may not give you an exclusive on it. Trademark law is kind of tricky but think of a trademark as applying to an industry and take for example Delta Thats a good name and its used by lots of people like delta airlines and delta faucets but both companies can use that name because nobody would confuse an airline for a faucet. the respective LOGOs are a different story they are fully protected. now lets consider the name Mike South I own a trademark on that name by virtue of the fact that I have used it commercially in the adult entertainment business. theres also a car driver named Mike South either of us could legally own Mikesouth.com but if he put it up as a porn site then I have a trademark claim against him and If I posed to be a car racer he would have a claim against me follow me? so lets say some girl calling hersel Betty BeeJay appears in avn magazine...you see this name and go out and check the url...lo and behold its available so you buy it If you put up a site with a different girl called betty Beejay and its a cooking site (think rachel ray) then yer clear if you put up a porn site....you are not and you will lose unless you can PROVE you used that name before she did commercially Thats how it works in a nutshell __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.