Originally Posted by Mutt

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.