-
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202 -
The bottom line is Steve probably does NOT need a registered trademark to sue an infringer.
Trademark registration only provides a few additional benefits such as automatically proving that the mark has achieved "secondary meaning" in the marketplace and is incontestable.
Trademark disputes are fact intensive. If Steve can prove bad faith of an infringer, it can make such a dispute a slam dunk.
The average cost to defend a trademark dispute is something like $250,000.Comment
-
Under the ACPA of 1999, the statutory penalty for cybersquatting can be up to $100,000 PER domain.
That would be IN ADDITION to the defendant's legal costs.
Under extraordinary circumstances, which I imagine is very bad faith, the defendant could be sued for the plaintiff's legal expenses.
Steve, you are in a stronger position than you know.Comment
-
No he's not, this common law nonesense has absolutely ZERO juristiction outside of the US.
Now, he's a big successful boy - my point all along is that these scare/bully tactics are simply PLAIN WRONG.
Gillespie is a new guy on the blog with some great ideas, but Steves treatment of him, given his position, was disgusting IMO.
Now, if Steve were to publicly apologise to Gillespie with sincerity, then he knows the domains will go from me to him.
If he was a really decent guy, then heck maybe he could credit Gillespie's LSC a/c to show good faith, to be cashed upon Gillespie sending his first signup there. Steve's treatment of Gillespie, meant Gillespie lost all faith whatsoever in Steve and Lightspeed Media Corp.
Now that's not the way to treat your affiliates who spend a huge amount of time making mint for you, is it?
The ball is in your court, Steve.
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
Sucks he wont let people use them for promoting his own stuff. I got some good ones.264-543-302Comment
-
so ... steve if i have a JC hardcore sex tape domain and i am using it to send you traffic
if you get angry you will "take it" from me?????Comment
-
A word of advice Borked - There is an unwritten code (ethics) in this industry that you are pissing all over.
And yes I know already you are going to snap about the word "ethics" and start in on a rant against steve... but stop and think...this industry as a whole has a different perspective than yours right now... and perspective is everything.. remember.. to a worm, digging a hole is far more relaxing than going fishing.Comment
-
Seems to me that, contrary to the apparent belief, this is a business..
Those who actually know what that means would check the legalities before registering domain names that could possibly be a problem.
Someone, who has no affiliation with Lightspeed whatsoever, playing detective, then starting a thread with misleading information isn't helping those that he tells to go ahead and go for the domains...
Lightspeed can claim and state Jordan Capri as Jordan Capri (TM) if he so chooses.. without even registering for a trademark.
He does have further rights just by the act of filing for the trademark..
The choice of whether or not to do anything about it is that of Lightspeed..
Taking the chance of registering a trademarked name... registered or otherwise should be carefully weighed..Comment
-
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
Your advice is duly noted, but I don't see how I am pissing on any ethics here. Originally, I only posted in the thread in question, but then after rereading that thread and Steve's heavy handed gorilla posting to threaten his own affiliates by posting, quite simply, LIES, I thought the topic deserved its own thread.
[foreseen rant]
No ethics were meant to be harmed with this, I just can't stand bullying. Simple. The facts I posted are correct, unlike Steves posts in the other thread. I am not trying to spread FUD, just to educate. If education is pissing on the Community Ethics, then christ, they need to be relooked at.
[/foreseen rant]
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
Nooo, Jordan Capri is not a registered trademark. Now how is that misleading? It may be misleading "those that he tells to go ahead and go for the domains", but it certainly isn't misleading for those affiliates that he, out of the blue, writes threatening, heavy-handed, factually incorrect posts to. Is it?
Do you even know the reason why I posted this thread?
Go dig it up and see why.
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
Borked you should brush up on your "US Patent and Trademark laws" ...it seemed you might have miss that classComment
-
Penis Enlargement <-------------- You guys should stop fighting and use this
NO PILLS - NO EXPENSIVE STRETCHERS - JUST REAL EXERCISES THAT WORK!
"Upsell Your Members The Top Penis Enlargement Site!"
Link Exchanges & Traffic Trades www.penilefitness.com/links/
*ICQ: 63935693* $50 per trial with www.ForteCash.com
Comment
-
It would appear so. But then I'm a dumb EuroTool, so forgive me ;)
An apology is all it takes for Steve to take hold of the 2 domains that started all this.
--edit
as it looks like people can't see the reason to bring this to their attention, then it looks like Steve will continue to be the heavy-handed bully he showed himself to be. And I can't be bothered with it anymore.Last edited by borked; 10-27-2006, 06:53 AM.
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
I had registered a few domains aswell before I was aware of his policy. I have over a 100 model name and typos domains for other sponsers and never had issues, so I didn't think about it before hand. When I went to the aff site to get content I saw in the terms it said to contact them before hand for domain names.
So I did, and he said you can't use them at all. As far as actions he'll take to those that do it probably depends what you're doing with the domain.
I don't really agree with his policy, but ohwell.264-543-302Comment
-
If he stated that the name was a registered trademark, then yes he was wrong for stating such.. Didn't dig it up, so I'm just assuming that's your gripe..
But that will become somewhat of a moot issue once it is registered as trademark registrations are retroactive to the date of first use..
So anybody using Jordan Capri in a domain name, regardless when it was registered, and ppc keywork purchases, could be called on the carpet... including you..Comment
-
Copyrights and trademarks do go totally different ways. For European trademarks there are famous ones which do not need a registration, like Ferrarifor example.
Otherwise a trademark has to be registered. If registered, it is protected back to the date of filing.
I´m not quite sure how it works in the US, but having a short look at it there seem to be no differences.Comment
-
mad drama right hereComment
-
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
After all legal and ethics discussion: a jordancapri domain is pretty worthless if you do not promote her. So make an agreement with LS Media before promoting it, use another domain or just do not promote it
Comment
-
well, if you had the domain, where the fuck else would you even send the traffic?
it was my understand that with LS's rules you could still manage the domain just not own it. is this a misunderstanding on my behalf?Comment
-
this is one of the smartest things said on this drama.
Its all about money people - and making the most during the time you have. Surfers want to see Jordan simple as that... a rip off site or anything less than Lightspeed blessing is not going to do well for a webmaster.
We are all here to make money and despite the childlike attitudes of some people on this board - this is an industry bent on producing money. If you haven't learned to play with those who make the money then don't even think you have the right to point fingers if your not a lawyer.
Chosing to battle on a board rather than a courtroom is ridiculous - because in the end - that is where the final decision has to be made.. and someone without direct access to a lawyer who understands internet rights and copyrights really is attempting to make an educated guess.
If you don't like the way a company is run - then simply take your traffic elsewhere but don't do it because of a feeling or guess - make it factual and logical with the only goal being, "what will make me the most money now and keep my company thriving".Last edited by TheLegacy; 10-27-2006, 09:23 AM.Comment
-
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
are you allowed to have sub domains with lightspeed girls names in them .html for example
Comment
-
Steve that's pretty fucked up imho... Is it REALLY going to hurt LS that someone has jordan-capri-sex-tape-honeymoon-video-xxx.com ? I seriously doubt it.Comment
-
damn too late for a first page sig spot
Comment
-
IANAL....
That's a much trickier issue than you seem to be making it. In the US he obviously has a very strong claim on the mark dating back to its first use in commerce. Internationally that claim would depend on the fame of the mark, the laws of the country where the infrigement takes place, the laws of the country where the infringer is resident, and various treaties and international agreements.
Furthermore, regardless of whether he holds a registered trademark on the domain name or not, he could still go after the domains under ICANN's URDP.
http://www.icann.org/udrp/udrp-policy-24oct99.htm
[quote]
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
/quote]"Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats."
--H.L. MenckenComment
-
here is a fact - lightspeed is VERY close to most if not all MAJOR processing companies, paysites and hosting companies out there. The BIG ones
fucking with lightspeed isn't smart - steve doesn't need to pick up a phone and call a lawyer - he can DESTROY someone with a couple of phone calls to his friends - and no way to prove that either - just a phone call or two and your income is cut in half and you'll never grow big in online adult.
only a few people can do that - Steve's one of them in this business.
now - here's where it gets scarry - BIG people in this business LOVE Steve - cherish him as a friend and where it gets really scary is that even though Steve is a GREAT guy and doesn't really believe in revenge - Steve's friends, if they see someone giving Steve a hard time - will do it without being asked.
Remember this morons - Steve Lightspeed is a MADE MAN in this business. Fucking with him means you will have a LOT of doors closed on you - doors you never knew could ever be opened. Steve doesn't even have to DO ANYTHING for that to happen too - it just WILL HAPPEN cause of WHO HE IS.
That is the real facts
This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!
Now read without the word dog.Comment
-
Also since the domains appear to be registered through a US registrar, you could be sued in the US under US trademark law. Of course, it might be hard for him to collect any judgement that would be rendered in the case unless you have assets in the US aside from the names."Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats."
--H.L. MenckenComment
-
i know some domains that have been registered lately that are trademarked not related to steve's where people are going to be sad when they find out. lol.Comment
-
I very much appreciate your insight Sleazy, but this is exactly the kind of bullying tactics I was on about. He can shut all the doors he wants for me, because me, I take the elevator. We're not in the same business, so I really am not afraid of Mr Lightspeed and his FUD.
Sure, he is a very smart and wealthy man. I have ZERO against his success, but like all corporate giants, they think they can squash anyone they want. Well, no. This is the exact reason why I am against corporate capitilism. Fucking gorillas can lend me their fur so I can wipe my ass, thank you very much.
This is why some were scared enough to bow to him.
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
So anyway, Steve, I take it by your silence, that you don't think an apology to Gillespie is in order?
If not, why not?
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
Yea, you guys don't know UDRP. You don't need a TM to take back all those names.
Steve, contact John Berryhill, he's your man.Comment
-
Looks like Steve got borked, whatever that means...
Comment
-
WTF? Are we on the set of the next Godfather movie? STFU jack ass.here is a fact - lightspeed is VERY close to most if not all MAJOR processing companies, paysites and hosting companies out there. The BIG ones
fucking with lightspeed isn't smart - steve doesn't need to pick up a phone and call a lawyer - he can DESTROY someone with a couple of phone calls to his friends - and no way to prove that either - just a phone call or two and your income is cut in half and you'll never grow big in online adult.
only a few people can do that - Steve's one of them in this business.
now - here's where it gets scarry - BIG people in this business LOVE Steve - cherish him as a friend and where it gets really scary is that even though Steve is a GREAT guy and doesn't really believe in revenge - Steve's friends, if they see someone giving Steve a hard time - will do it without being asked.
Remember this morons - Steve Lightspeed is a MADE MAN in this business. Fucking with him means you will have a LOT of doors closed on you - doors you never knew could ever be opened. Steve doesn't even have to DO ANYTHING for that to happen too - it just WILL HAPPEN cause of WHO HE IS.
That is the real facts
Remember kids, messing with Steve Lightspeed with get you whacked. Sleepin with the fishes! 6 feet deep! Pushin' up daisys!Comment
-
Way to Go Steve!! Kick his assAZNewGirl.com
DesertCuties.comComment
-
park
Comment
-
For coding work - hit me up on andy // borkedcoder // com
(consider figuring out the email as test #1)
All models are wrong, but some are useful. George E.P. Box. p202Comment
-
this page is better then no page, see sig yoComment
-
Drama I tell you..The Sexiest place to Buy & Sell Adult Ads - JuicyAds is where YOUR profits matter!
---> SPOTS AVAILABLE :|: SIGN UP RIGHT NOW <---
Comment
-
GAY
NO PILLS - NO EXPENSIVE STRETCHERS - JUST REAL EXERCISES THAT WORK!
"Upsell Your Members The Top Penis Enlargement Site!"
Link Exchanges & Traffic Trades www.penilefitness.com/links/
*ICQ: 63935693* $50 per trial with www.ForteCash.com
Comment
Comment