You are damn right we bitchslapped you legally Dig420 - and education for you: inside

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  • V_RocKs
    Damn Right I Kiss Ass!
    • Nov 2003
    • 32451

    #101
    Originally posted by XPays
    re: http://www.gofuckyourself.com/showpo...&postcount=121

    "AND bragging constantly about a 60 yr old videotape nobody gives a shit about anymore. The thread was about 'why does everyone hate Jews?'........"
    ______
    Strange he mentioned that video tape... It is paying me a nice some of money.

    Comment

    • Alky
      Confirmed User
      • Apr 2002
      • 5651

      #102
      If i register something like...

      texpaysme.com and make an affiliate program out of it, you would C&D me?

      I think I'd laugh when I got the notice, seriously.

      Comment

      • XPays
        Team Player
        • May 2004
        • 13002

        #103
        Listen- there was enough confusion in the marketplace to cause us to go after the domain. Bernie had a good spin in this thread, but at the time or today we win that particular case. We are not udrp'ing everyone - use google- you can see XPays dmca's and udrp's and you should have nothing to complain about.
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        • XPays
          Team Player
          • May 2004
          • 13002

          #104
          Originally posted by dig420
          No. Evan deliberately chose a time when Paycom wasn't making it's payments,...
          that is not true - just to set the record straight. it was when we got calls from the show floor from webmasters asking about our "new" program. the first thought i had in my mind was what if "sexpays" did not payout and then XPays would be unfairly smeared amongst confused webmasters. XPays always pays is one of the key reasons webmasters enjoy our program. Sponsors have stiffed us, processors have stiffed us... XPays Host Partners always get paid.
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          • Peaches
            Old broad
            • Oct 2002
            • 13933

            #105
            "We have seen the enemy and it is us" - Pogo

            Seems we have enough scrutiny in the courts from the outside w/o going after each other from within.

            Comment

            • Far-L
              Confirmed User
              • Feb 2002
              • 6065

              #106
              For all those giving Evan crap here, I have a few questions...

              1. Have you ever filed and recieved a trademark and or copyright or a patent? Or do you have any idea what that costs?

              2. Ever had to protect those rights?

              3. Ever had to go to court and pay for attorneys, court fees etc. regarding a dispute that did not settle on the friendly "please stop doing that" letter?

              If you have not and you think Evan is wrong just because in your opinion "xpays does not equal sexpays" then you don't have a clue what you are talking about and should take your whiny critiques to something that you actually know something about. Anyone who was around back in the day knows that name created plenty of webmaster confusion - which is why people file trademarks to protect against that event. All the "woulda, shoulda, coulda" here is what is pathetic. Xpays decision to protect their Intellectual Property is a business decision plain and simple and nothing personal.

              Anyone that stops doing business with Xpays because they protect those rights is missing the big picture - namely, that xpays is protecting their interests as well.

              flame on...

              HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
              Contact
              - Email: farrell AT homegrownvideo D com Skype: hgfarl
              Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

              Comment

              • dig420
                Confirmed User
                • May 2001
                • 9240

                #107
                Far-L in this case YOU have no idea what you're talking about. Don't take your experience with Ron and apply it to every case involving a lawsuit. It doesn't fit. I wasn't 'passing out cards on the show floor'. That's imaginary bullshit. NOBODY would confuse xpays with sexpays. Evan DOES NOT own the word 'pays'.

                Why are you getting involved anyway? This post reads like you're doing it as a favor to someone. The smart thing would have been to let it die and hope it gets forgotten.

                You looking forward to the lawsuits you're gonna be seeing when Evan gets around to enforcing his 'promoting other's content' patent?
                Last edited by dig420; 03-09-2007, 10:23 AM.

                Comment

                • dig420
                  Confirmed User
                  • May 2001
                  • 9240

                  #108
                  "Anyone who was around back in the day knows that name created plenty of webmaster confusion -"

                  the more I think about this the more it burns my ass. How did 'everyone' know this considering the proggie never launched? huh?

                  I've sent you traffic. I bought your damn feeds for years. Now someone sends you an icq asking for help and you're willing to try to stick it up my ass just like that? Classy. I would have expected better from you.

                  Comment

                  • will76
                    Making $$$$ w/ ClickCash
                    • May 2003
                    • 18037

                    #109
                    Originally posted by XPays
                    that comment shows a complete lack of understanding of the legal system. no offense, but "prior use" is a real thing.
                    LMAO, you don't think the person who registered " pay.com" did it before you registered and started using xpays.com

                    You sued xxxpays.com and threatened (hustled) sexpays.com per your own logic pay.com or pays.com could sue you and win.

                    how funny that would be.
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                    • Far-L
                      Confirmed User
                      • Feb 2002
                      • 6065

                      #110
                      Originally posted by dig420
                      Far-L in this case YOU have no idea what you're talking about. Don't take your experience with Ron and apply it to every case involving a lawsuit. It doesn't fit. I wasn't 'passing out cards on the show floor'. That's imaginary bullshit. NOBODY would confuse xpays with sexpays. Evan DOES NOT own the word 'pays'.

                      Why are you getting involved anyway? This post reads like you're doing it as a favor to someone. The smart thing would have been to let it die and hope it gets forgotten.

                      You looking forward to the lawsuits you're gonna be seeing when Evan gets around to enforcing his 'promoting other's content' patent?

                      I am happy to let it die but I am not in any way comparing this to our lawsuit with CE et. al. If I was I would have said so. But the fact is that we have had to fight many times for our marks. Sometimes it is over with a simple letter and other times it is an expensive pain in the ass. We were also sued back in the day by Nabisco becuase we sold 3 copies of a video called "Whoreos". Trust me, no one was going to mistake that for a box of Oreos but that didn't matter to them. The point is that I have been on all sides of these types of issues. I hate lawsuits. I hate paying attorneys and I know for a fact that Evan feels the same way. I feel that my vast experience dealing with these issues is what gave me the right to comment and call into question the majority of comments being made here.

                      We have patents pending and just becuase you have a patent doesn't mean you intend to sue everyone either. Patents can also be defensive measures against people like Acacia.

                      My point is clear - most of the people here don't have a clue what they are talking about. Evan is a friend and I have absolutely nothing against you at all. I just wanted to point out that all the smack talk and bold posturing is hollow.
                      HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                      Contact
                      - Email: farrell AT homegrownvideo D com Skype: hgfarl
                      Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                      Comment

                      • will76
                        Making $$$$ w/ ClickCash
                        • May 2003
                        • 18037

                        #111
                        Originally posted by Far-L
                        For all those giving Evan crap here, I have a few questions...

                        1. Have you ever filed and recieved a trademark and or copyright or a patent? Or do you have any idea what that costs?

                        2. Ever had to protect those rights?

                        3. Ever had to go to court and pay for attorneys, court fees etc. regarding a dispute that did not settle on the friendly "please stop doing that" letter?

                        If you have not and you think Evan is wrong just because in your opinion "xpays does not equal sexpays" then you don't have a clue what you are talking about and should take your whiny critiques to something that you actually know something about. Anyone who was around back in the day knows that name created plenty of webmaster confusion - which is why people file trademarks to protect against that event. All the "woulda, shoulda, coulda" here is what is pathetic. Xpays decision to protect their Intellectual Property is a business decision plain and simple and nothing personal.

                        Anyone that stops doing business with Xpays because they protect those rights is missing the big picture - namely, that xpays is protecting their interests as well.

                        flame on...


                        LOL, no one is against protecting your trademark, the problem here is evan thinks everything infringes on his trademark.

                        sexpays.com does not infringe on xpays.com. Evan, no need to apologize, give the name back if you really want to show you are not a sue happy sob.

                        I am going to register mexpays.com for my spanish sites and put an affiliate program on it, will you send me a C&D too ?

                        cause we all know that spanish sites and a paris hilton tape are the same thing.
                        ICQ: 86364801 Email: will [at] innovativeassets [dot] com

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                        Comment

                        • Far-L
                          Confirmed User
                          • Feb 2002
                          • 6065

                          #112
                          Originally posted by dig420
                          "Anyone who was around back in the day knows that name created plenty of webmaster confusion -"

                          the more I think about this the more it burns my ass. How did 'everyone' know this considering the proggie never launched? huh?

                          I've sent you traffic. I bought your damn feeds for years. Now someone sends you an icq asking for help and you're willing to try to stick it up my ass just like that? Classy. I would have expected better from you.

                          I don't use icq and Evan didn't email me either. I am not trying to burn you in any way. I am simply saying that most of the people here don't have a clue what protecting their intellectual property means.

                          Sorry if you are offended. The proggie never launched but that doesn't mean people were not talking about it - but i do apologize that "everyone" is an exaggeration.
                          HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                          Contact
                          - Email: farrell AT homegrownvideo D com Skype: hgfarl
                          Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                          Comment

                          • dig420
                            Confirmed User
                            • May 2001
                            • 9240

                            #113
                            "Evan is a friend"

                            yeah well I used to like to think I was a friend too, but I guess I'm not.

                            'Everyone knows there was confusion' - out and out bullshit.

                            "I hate paying attorneys and I know for a fact that Evan feels the same way."

                            He might hate PAYING them but he sure as fuck has no problem with hiring them, now does he?

                            I'd say it's YOUR posturing in this thread that's hollow, not everything came before. That was real.

                            Comment

                            • Far-L
                              Confirmed User
                              • Feb 2002
                              • 6065

                              #114
                              Originally posted by will76
                              LOL, no one is against protecting your trademark, the problem here is evan thinks everything infringes on his trademark.

                              sexpays.com does not infringe on xpays.com. Evan, no need to apologize, give the name back if you really want to show you are not a sue happy sob.

                              I am going to register mexpays.com for my spanish sites and put an affiliate program on it, will you send me a C&D too ?

                              cause we all know that spanish sites and a paris hilton tape are the same thing.
                              Seems to me that you are just looking for another issue to jump on that will give you as much notoriety as Zango.

                              Tell you what: Go pay for a few legal opinions from IP attorneys on this issue then let's talk since you will have something to actually base your opinion on.
                              HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                              Contact
                              - Email: farrell AT homegrownvideo D com Skype: hgfarl
                              Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                              Comment

                              • Theo
                                HAL 9000
                                • May 2001
                                • 34515

                                #115
                                "NOBODY would confuse xpays with sexpays"


                                I'll have to agree with that.

                                Comment

                                • XPays
                                  Team Player
                                  • May 2004
                                  • 13002

                                  #116
                                  Originally posted by dig420
                                  "Evan is a friend"

                                  yeah well I used to like to think I was a friend too, but I guess I'm not.

                                  'Everyone knows there was confusion' - out and out bullshit.

                                  "I hate paying attorneys and I know for a fact that Evan feels the same way."

                                  He might hate PAYING them but he sure as fuck has no problem with hiring them, now does he?

                                  I'd say it's YOUR posturing in this thread that's hollow, not everything came before. That was real.
                                  shut up you fucking scumbag. you are a liar. i can deal with an ignorant spinster- but a liar- rot on the vine. if you do not believe that there was confusion at a time when XPays was blowing up - you can gofuckyourself.
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                                  • dig420
                                    Confirmed User
                                    • May 2001
                                    • 9240

                                    #117
                                    One more thing Far-L.. not only does Evan have your sites covered in his patent, he has your emails to surfers covered in another patent.

                                    You gonna be pals if he starts asking for royalties on every join?

                                    Comment

                                    • dig420
                                      Confirmed User
                                      • May 2001
                                      • 9240

                                      #118
                                      Originally posted by XPays
                                      shut up you fucking scumbag. you are a liar. i can deal with an ignorant spinster- but a liar- rot on the vine. if you do not believe that there was confusion at a time when XPays was blowing up - you can gofuckyourself.
                                      sure Evan, there was a TON of confusion concerning your domain and another domain that wasn't live that NOBODY EVER FUCKING HEARD OF.

                                      You're the bottom of the barrel man, the absolute worst. Acacia on the inside of the industry.

                                      Comment

                                      • Far-L
                                        Confirmed User
                                        • Feb 2002
                                        • 6065

                                        #119
                                        Originally posted by dig420
                                        "Evan is a friend"

                                        yeah well I used to like to think I was a friend too, but I guess I'm not.

                                        'Everyone knows there was confusion' - out and out bullshit.

                                        "I hate paying attorneys and I know for a fact that Evan feels the same way."

                                        He might hate PAYING them but he sure as fuck has no problem with hiring them, now does he?

                                        I'd say it's YOUR posturing in this thread that's hollow, not everything came before. That was real.

                                        Lol. You are a friend too and if I had something against you then I would say it here. Don't get so offended - I don't think I have pissed you off this bad since Oprano days...

                                        If I was in Evan's shoes then I would have asked you not to use that name as well. It would have started with a simple "please don't do that and let's figure out a mutually beneficial arrangement to resolve it" but if you slammed me like you are started to do here then it would have been followed with the attorney letter... and it still would not be anything personal... just biz.
                                        HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                        Contact
                                        - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                        Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                        Comment

                                        • XPays
                                          Team Player
                                          • May 2004
                                          • 13002

                                          #120
                                          let's be fucking clear:

                                          BERNIE STOLE FROM HIS PARTNERS WHEN WE PAID HIM.

                                          There were a ton of similarities between his use and our prior and active uses.

                                          BERNIE PAID HIS AFFILIATES LATE RECENTLY- WE ARE DAMN GLAD THAT WAS NOT WITH SEXPays as his brand.
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                                          • will76
                                            Making $$$$ w/ ClickCash
                                            • May 2003
                                            • 18037

                                            #121
                                            Originally posted by Far-L
                                            We were also sued back in the day by Nabisco becuase we sold 3 copies of a video called "Whoreos". Trust me, no one was going to mistake that for a box of Oreos but that didn't matter to them. The point is that I have been on all sides of these types of issues. .
                                            You may have been on both sides but I don't think you even understand why Nabisco sued you. I never sued someone over tm or domain but a large corperation tried to bully me back in 99 when i didn't have a pot to piss in. I felt my case was strong, I got an attorney and we made them buy it for a very high price, if not I was going to court over it. I understand how it all works although it has been a few years since I have had a refresher on tm law.

                                            The reason why nabisco sued you is because you are tarnishing their name. You created a name off of their trademark and you used it in a way that would make their company look bad. Ofcourse no one is going to mistake your video for a box oreos but there is more than 1 standard in a tm case. Nabisco had every right to sue you.

                                            No one is going to confuse sexpays.com with xpays.com sexpays is not damaging xpays in any way. No way he would have won.



                                            So which patents does Evan own ? I am curious now.
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                                            • XPays
                                              Team Player
                                              • May 2004
                                              • 13002

                                              #122
                                              Originally posted by dig420
                                              sure Evan, there was a TON of confusion concerning your domain and another domain that wasn't live that NOBODY EVER FUCKING HEARD OF.

                                              You're the bottom of the barrel man, the absolute worst. Acacia on the inside of the industry.
                                              There was - my phone rang right away- several times- webmasters sent us your materials. You had sites- a program, a domain, a hotel room at the show and were spending money too.
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                                              • dig420
                                                Confirmed User
                                                • May 2001
                                                • 9240

                                                #123
                                                Originally posted by XPays
                                                There was - my phone rang right away- several times- webmasters sent us your materials. You had sites- a program, a domain, a hotel room at the show and were spending money too.
                                                Is that right? Odd, considering I had about $900.00 in my account at that time and 50k being held up at the processor. Just how did I pull that off Evan, the magic money fairy?

                                                You can try to say I stole. It's not true and nobody believes you, because I've been doing this since 1996 and if I was a thief it'd be known by now. Unlike you, spammer, my rep is spotless. Those payments we missed? All paid up. Try again. I get knocked down and I pick myself right back up, except I don't step on some poor bitches back to do it like you did with Paris Hilton.

                                                Every success you've had had come about thru the most vile means possible, and basically you're a shitty person. Karma is a bitch my friend, and it's real. One of these days you'll learn that the hard way.

                                                Comment

                                                • will76
                                                  Making $$$$ w/ ClickCash
                                                  • May 2003
                                                  • 18037

                                                  #124
                                                  Originally posted by XPays
                                                  let's be fucking clear:

                                                  BERNIE STOLE FROM HIS PARTNERS WHEN WE PAID HIM.

                                                  There were a ton of similarities between his use and our prior and active uses.

                                                  BERNIE PAID HIS AFFILIATES LATE RECENTLY- WE ARE DAMN GLAD THAT WAS NOT WITH SEXPays as his brand.


                                                  it is comical that you still think sexpays.com infrings on xpays.com.

                                                  DO you honestly think that if he scammed people on sexpays.com that they would confuse it and it would damage your company? you got to be kidding me, there isn't one person here that would mix that up.

                                                  You just can't admit and let it go, you hustled him for the domain. When there is no one here that thinks the way you do on this issue, do you possibly think you could be wrong ?
                                                  ICQ: 86364801 Email: will [at] innovativeassets [dot] com

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                                                  • dig420
                                                    Confirmed User
                                                    • May 2001
                                                    • 9240

                                                    #125
                                                    Hey Evan, how hard did you work to make sure your spam didn't make it to any kid's email boxes?

                                                    Comment

                                                    • pocketkangaroo
                                                      Confirmed User
                                                      • Jan 2005
                                                      • 8452

                                                      #126
                                                      It's not bad to protect your trademark, but why gloat about it on GFY? It's a legal decision, you won, congrats. Gloating about the size of your attorney's cock is somewhat pathetic if you ask me.

                                                      Comment

                                                      • XPays
                                                        Team Player
                                                        • May 2004
                                                        • 13002

                                                        #127
                                                        Originally posted by pocketkangaroo
                                                        It's not bad to protect your trademark, but why gloat about it on GFY? It's a legal decision, you won, congrats. Gloating about the size of your attorney's cock is somewhat pathetic if you ask me.
                                                        i agree with you- that's why i apologized about starting the thread, yet that seems to have been missed and this thread is still going.
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                                                        • dig420
                                                          Confirmed User
                                                          • May 2001
                                                          • 9240

                                                          #128
                                                          Originally posted by XPays
                                                          i agree with you- that's why i apologized about starting the thread, yet that seems to have been missed and this thread is still going.
                                                          I was ready to move on, I didn't bump it.

                                                          Comment

                                                          • will76
                                                            Making $$$$ w/ ClickCash
                                                            • May 2003
                                                            • 18037

                                                            #129
                                                            Originally posted by Far-L
                                                            Seems to me that you are just looking for another issue to jump on that will give you as much notoriety as Zango.

                                                            Tell you what: Go pay for a few legal opinions from IP attorneys on this issue then let's talk since you will have something to actually base your opinion on.
                                                            Yeah thats it.

                                                            Nice smart reply there. I seems to me that I just educated you about why you were sued and i don't even get a thanks. Why don't you read my thread next time, i said i hired an attorney and i was educated on this issue, apparently more so than you based on your comments here " I was sued, not like someone is going to mistake my video with a box of oreos... "

                                                            when is doubt through out zango. Never fails, you can't even argue the basis of my reply, you just make insults.

                                                            Keep saying people don't know what is involved with lawsuits and protecting their Tm's because that means absolutly nothing to the issue here. As I have said and many others, there is nothing wrong with protecting your shit, but there is no way sexpays volates xpays tm. no fucking way and that is the point of this thread.

                                                            not jumping on anything here, just taking a little break from work. I find this more entertaining than watching Doctor Phil.
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                                                            • Far-L
                                                              Confirmed User
                                                              • Feb 2002
                                                              • 6065

                                                              #130
                                                              Originally posted by will76
                                                              You may have been on both sides but I don't think you even understand why Nabisco sued you. I never sued someone over tm or domain but a large corperation tried to bully me back in 99 when i didn't have a pot to piss in. I felt my case was strong, I got an attorney and we made them buy it for a very high price, if not I was going to court over it. I understand how it all works although it has been a few years since I have had a refresher on tm law.

                                                              The reason why nabisco sued you is because you are tarnishing their name. You created a name off of their trademark and you used it in a way that would make their company look bad. Ofcourse no one is going to mistake your video for a box oreos but there is more than 1 standard in a tm case. Nabisco had every right to sue you.

                                                              No one is going to confuse sexpays.com with xpays.com sexpays is not damaging xpays in any way. No way he would have won.



                                                              So which patents does Evan own ? I am curious now.

                                                              First - yes I know why Nabisco was sueing us and there are many reasons you can say that brand confusion is tarnishing a name. If you understood the point that Evan is making then you would see that the differences are not so profound. He can say that "Xpays" and "Sexpays" sound confusingly similar. He can say that if Sexpays does not treat their customers as Xpays treats its own that is tarnishing the Xpays name. He is entitled to defend that opinion before a court and let a jury decide who is right or wrong about it. In fact, he can choose any way to defend it he wants, letter, c&d, lawsuit, whatever legal remedy he chooses.

                                                              Second... sounds to me like you were one of those ever so ethical folks that made off with a bag of loot for squatting a domain that a company chose to settle for instead of engaging in a pain in the ass lawsuit.

                                                              No wonder you hold the opinions that you do here.
                                                              HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                              Contact
                                                              - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                                              Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                                              Comment

                                                              • will76
                                                                Making $$$$ w/ ClickCash
                                                                • May 2003
                                                                • 18037

                                                                #131
                                                                Originally posted by XPays
                                                                i agree with you- that's why i apologized about starting the thread, yet that seems to have been missed and this thread is still going.
                                                                How do you agree with him???? he posted that you sued him and won. Thats not the case. You threatened him and he gave it to you.

                                                                Which patents do you own ?
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                                                                • XPays
                                                                  Team Player
                                                                  • May 2004
                                                                  • 13002

                                                                  #132
                                                                  Originally posted by dig420
                                                                  I was ready to move on, I didn't bump it.
                                                                  well far-l is here and he is more experienced than all of us- so it's back to work for moi.
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                                                                  • will76
                                                                    Making $$$$ w/ ClickCash
                                                                    • May 2003
                                                                    • 18037

                                                                    #133
                                                                    Originally posted by Far-L
                                                                    First - yes I know why Nabisco was sueing us and there are many reasons you can say that brand confusion is tarnishing a name. If you understood the point that Evan is making then you would see that the differences are not so profound. He can say that "Xpays" and "Sexpays" sound confusingly similar. He can say that if Sexpays does not treat their customers as Xpays treats its own that is tarnishing the Xpays name. He is entitled to defend that opinion before a court and let a jury decide who is right or wrong about it. In fact, he can choose any way to defend it he wants, letter, c&d, lawsuit, whatever legal remedy he chooses.

                                                                    Second... sounds to me like you were one of those ever so ethical folks that made off with a bag of loot for squatting a domain that a company chose to settle for instead of engaging in a pain in the ass lawsuit.

                                                                    No wonder you hold the opinions that you do here.

                                                                    Your problem is you " seems to me " and " sounds to me " too much.
                                                                    Do yourself a favor and ask, don't assume so much.

                                                                    I didn't squat on a domain. They didn't have a case, and I was actually using the domain, not sitting on it. I sold it for a lot of money ($5,000) at least it was a lot of money at the time, remember I said I didn't have a pot to piss in. It's relative they piad me 1000x more than what it was worth if i would have sold it in an auction so i felt satisfied.. I think I spent all that money back in 99 as well, so I doubt I am still sitting on any of it.


                                                                    Originally posted by Far-L
                                                                    If you understood the point that Evan is making then you would see that the differences are not so profound. He can say that "Xpays" and "Sexpays" sound confusingly similar. He can say that if Sexpays does not treat their customers as Xpays treats its own that is tarnishing the Xpays name. .
                                                                    he can say that he has the patent for pigs flying out of people's asses. he can say anything he wants. what that have to do with anything.

                                                                    it's funny that evan is the only person that thinks that way on this planet, well except you of course, his friend.
                                                                    Last edited by will76; 03-09-2007, 11:24 AM.
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                                                                    • KingK7
                                                                      Confirmed User
                                                                      • Jun 2002
                                                                      • 6372

                                                                      #134
                                                                      This thread makes my head hurt

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                                                                      • Far-L
                                                                        Confirmed User
                                                                        • Feb 2002
                                                                        • 6065

                                                                        #135
                                                                        Originally posted by will76
                                                                        Your problem is you " seems to me " and " sounds to me " too much.
                                                                        Do yourself a favor and ask, don't assume so much.

                                                                        I didn't squat on a domain. They didn't have a case, and I was actually using the domain, not sitting on it. I sold it for a lot of money ($5,000) at least it was a lot of money at the time, remember I said I didn't have a pot to piss in. It's relative they piad me 1000x more than what it was worth if i would have sold it in an auction so i felt satisfied.. I think I spent all that money back in 99 as well, so I doubt I am still sitting on any of it.




                                                                        he can say that he has the patent for pigs flying out of people's asses. he can say anything he wants. what that have to do with anything.

                                                                        it's funny that evan is the only person that thinks that way on this planet, well except you of course, his friend.
                                                                        So why are you being so oblique about what the domain was?
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                                                                        • Karupted Charles
                                                                          Confirmed User
                                                                          • Jul 2001
                                                                          • 1662

                                                                          #136
                                                                          Originally posted by XPays
                                                                          i agree with you- that's why i apologized about starting the thread, yet that seems to have been missed and this thread is still going.
                                                                          You can't put the cat back in the bag. I have to agree though this looks more like the shit we have to deal with from outside the business like acacia and .xxx I guess I have to put xpays in the same boat as them now in my book atleast.
                                                                          TPF 2010 "They are eating our sausages!"

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                                                                          • Wizzo
                                                                            2011 GFY Hall of Fame!
                                                                            • Nov 2000
                                                                            • 15224

                                                                            #137
                                                                            Good Times... This thread remainds me of the old days when people actually knew how to piss on the boards unlike most of the lame drama threads today...haha
                                                                            Looking for Opportunity!

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                                                                            • chAos
                                                                              Confirmed User
                                                                              • Jun 2003
                                                                              • 1348

                                                                              #138
                                                                              Originally posted by Wizzo
                                                                              Good Times... This thread remainds me of the old days when people actually knew how to piss on the boards unlike most of the lame drama threads today...haha
                                                                              first thread i read in a long time that was actually worth wasting 10 minutes on. reminds me when i bought www.pornoplaymates.com with my last 50 dollars back in the day and playboy sent me a c&d and i gave it up for the same reason that bernie did i did not have enough money to fight.

                                                                              oh well easy come easy go...
                                                                              chAos
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                                                                              • will76
                                                                                Making $$$$ w/ ClickCash
                                                                                • May 2003
                                                                                • 18037

                                                                                #139
                                                                                secret

                                                                                Originally posted by Far-L
                                                                                So why are you being so oblique about what the domain was?
                                                                                oblique about the domain name ? wtf. I said I had someone threaten to sue me over a domain name they thought violated their tm. If you want more information about my case, who threatened me, the domain name, the details, then just ask. I am not trying to hide anything. I was just saying I had been in a similar situation, didn't know I had to give all details just to state that fact. You make it sound like people are asking me what it was and I am making a big deal about keeping it a secret.
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                                                                                • jayeff
                                                                                  Confirmed User
                                                                                  • May 2001
                                                                                  • 2944

                                                                                  #140
                                                                                  sexpays = xpays? It would be nice to say not a chance in court, but courts aren't so predictable. However, on balance I would say Dig420 got bluffed out of his domain.

                                                                                  So what? That was his choice, which is just a statement and not a putdown: many of us wouldn't want the trouble and cost of defending a law suit.

                                                                                  Xpays opportunistic? Maybe, but it is also possible they sincerely saw a risk.

                                                                                  This would be 3 pages of Ambien if it weren't for the juvenile name calling, which I suppose qualifies it as drama on GFY. Yet again I end up wondering if supposed professionals ever stop to think of the impression they create when they start behaving as if they just got off the short bus.

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                                                                                  • makefuckingmoney
                                                                                    Confirmed User
                                                                                    • Oct 2003
                                                                                    • 3277

                                                                                    #141
                                                                                    my attorney has advised me not to post in this thread.

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                                                                                    • sextoyking
                                                                                      Confirmed User
                                                                                      • Dec 2001
                                                                                      • 6034

                                                                                      #142
                                                                                      Originally posted by Wizzo
                                                                                      Good Times... This thread remainds me of the old days when people actually knew how to piss on the boards unlike most of the lame drama threads today...haha
                                                                                      Word

                                                                                      at least this thread has some debate and smarts too it.
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                                                                                      • sextoyking
                                                                                        Confirmed User
                                                                                        • Dec 2001
                                                                                        • 6034

                                                                                        #143
                                                                                        I make some coin each month at sedo parking some domains that aren't in use.

                                                                                        One domain arko.com had been on there for quite awhile, well a few days ago they said it would be removed for someone complaining about TM issues or something like that...

                                                                                        Then the last 2 days in a row I get an email from Networksolutions private aquire this domain service, or whatever it's called saying someone is offering 200.00 for arko.com, I deleted the first email, then the next day clicked the url and declined, don't email, etc.

                                                                                        I was thinking it could be Arco, but have never recieved any emails, letters, etc from them or anyone.

                                                                                        And I don't promote the Oil field / industry...
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                                                                                        • Far-L
                                                                                          Confirmed User
                                                                                          • Feb 2002
                                                                                          • 6065

                                                                                          #144
                                                                                          Originally posted by will76
                                                                                          oblique about the domain name ? wtf. I said I had someone threaten to sue me over a domain name they thought violated their tm. If you want more information about my case, who threatened me, the domain name, the details, then just ask. I am not trying to hide anything. I was just saying I had been in a similar situation, didn't know I had to give all details just to state that fact. You make it sound like people are asking me what it was and I am making a big deal about keeping it a secret.
                                                                                          Will76: Yep, and I still think you aren't saying anything because you have something to hide. Just because you "did something with the domain" doesn't make it any less of a squat btw. Seems to me that you love to take shots at people but the moment someone calls you on it then the facade of your rightousness falls apart pretty fast.

                                                                                          For the record...

                                                                                          If anyone uses "homegrown" in a domain then we don't, can't, won't have an issue with that but the second they use it in conjunction with anything adult then we have to go to whatever lengths necessary to protect our trademark. I have endured the same complaints Evan is dealing with in this thread but the bottom line is that I am not in business to win a popularity contest and neither is Evan.

                                                                                          Sextoyking's "arko" example is along the same lines... as long as it is not used for a petro related site then he has a defense - if he is willing to defend it - but if he used it for a petro site of any sort then I am sure he would know what to expect.

                                                                                          Now take some of the fine examples like Will76 genius "mexpays"; does anyone really believe that Xpays would have a problem with that if it was non-adult? According to Evan, he had reasons and evidence to support his contention that "sexpays" was creating brand confusion. If anyone has a problem with that then that brings me around to my original point here. Namely, that only those that actually have trademarks and copyrights to defend would truly understand why there is an issue.

                                                                                          I am not saying Evan or Dig is right or wrong or that "sexpays" is or is not confusingly similar to "xpays". I am simply saying that I see why Xpays chose to defend its mark as was their right and I don't blame them or anyone else for making that business decision. I am also saying that anyone that takes this stuff personally is not looking at this matter in a professional way.

                                                                                          The folks that treat this like a business are the people that will still be in business... and that is what people should be thinking about to some degree when they think about who or who not to do business with.
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                                                                                          • will76
                                                                                            Making $$$$ w/ ClickCash
                                                                                            • May 2003
                                                                                            • 18037

                                                                                            #145
                                                                                            Originally posted by Far-L
                                                                                            Will76: Yep, and I still think you aren't saying anything because you have something to hide. Just because you "did something with the domain" doesn't make it any less of a squat btw. Seems to me that you love to take shots at people but the moment someone calls you on it then the facade of your rightousness falls apart pretty fast.

                                                                                            .

                                                                                            youngbucks.net was the domain. when i registered it the .com was taken but there was no site up. I had no idea it was owned by buckmasters until their general consul called my house. I hired JD Obenburger to handle the case and he educated me very well as well as handled their legal team. We forced them to buy it opposed to me just handing it over, if they would have declined and sued I would have defended myself. If I would have known what the .com was I would have never registered the .net in the first place however i was not going to be streamrolled and screwed over just because they wanted it. They had no case, they failed to prove that I was in violation of any of the points of infringment:

                                                                                            the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);
                                                                                            the similarities of the goods and services involved (including an examination of the marketing channels for the goods);
                                                                                            the strength of the plaintiff's mark;
                                                                                            any evidence of actual confusion by consumers;
                                                                                            the intent of the defendant in adopting its mark;
                                                                                            the physical proximity of the goods in the retail marketplace;
                                                                                            the degree of care likely to be exercised by the consumer; and
                                                                                            the likelihood of expansion of the product lines.


                                                                                            so thats 0-4 on assuming shit about me. It "seems to me" you are wrong again, all you had to do was ask asshole.


                                                                                            i missed where my self rightousness fell apart ?

                                                                                            P.S. Evan thanks you for bumping his thread again.
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                                                                                            • wyldworx
                                                                                              So Fucking Banned
                                                                                              • Dec 2006
                                                                                              • 5144

                                                                                              #146
                                                                                              Originally posted by Soul_Rebel
                                                                                              what's the 60 yr old videotape mentioned?
                                                                                              I agree, what tape?

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                                                                                              • Digipimp
                                                                                                BP4L OT DL
                                                                                                • Mar 2003
                                                                                                • 13481

                                                                                                #147
                                                                                                did anyone mention that the guy who started this thread seems to be a real dickhead?

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                                                                                                • Far-L
                                                                                                  Confirmed User
                                                                                                  • Feb 2002
                                                                                                  • 6065

                                                                                                  #148
                                                                                                  Originally posted by will76
                                                                                                  youngbucks.net was the domain. when i registered it the .com was taken but there was no site up. I had no idea it was owned by buckmasters until their general consul called my house. I hired JD Obenburger to handle the case and he educated me very well as well as handled their legal team. We forced them to buy it opposed to me just handing it over, if they would have declined and sued I would have defended myself. If I would have known what the .com was I would have never registered the .net in the first place however i was not going to be streamrolled and screwed over just because they wanted it. They had no case, they failed to prove that I was in violation of any of the points of infringment:

                                                                                                  the similarity in the overall impression created by the two marks (including the marks' look, phonetic similarities, and underlying meanings);
                                                                                                  the similarities of the goods and services involved (including an examination of the marketing channels for the goods);
                                                                                                  the strength of the plaintiff's mark;
                                                                                                  any evidence of actual confusion by consumers;
                                                                                                  the intent of the defendant in adopting its mark;
                                                                                                  the physical proximity of the goods in the retail marketplace;
                                                                                                  the degree of care likely to be exercised by the consumer; and
                                                                                                  the likelihood of expansion of the product lines.


                                                                                                  so thats 0-4 on assuming shit about me. It "seems to me" you are wrong again, all you had to do was ask asshole.


                                                                                                  i missed where my self rightousness fell apart ?

                                                                                                  P.S. Evan thanks you for bumping his thread again.
                                                                                                  Well at least now we found a point we agree on and I apologize for making any assumptions or insinuations. I do think you had a case. Certainly more clear cut than this one.

                                                                                                  I will be sure to get some points on Evan's patents to pay for my lobbying efforts on his behalf.

                                                                                                  Why you have to resort to swearing mate? Did I make you angry? Get over it. That kind of talk certainly doesn't convince anyone that you are a professional btw.

                                                                                                  Forgive me though, most people that take the stance you have here I find have been on the wrong side of this issue one too many times. I apologize once again if I assumed the same of you.
                                                                                                  HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                                                                  Contact
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                                                                                                  • will76
                                                                                                    Making $$$$ w/ ClickCash
                                                                                                    • May 2003
                                                                                                    • 18037

                                                                                                    #149
                                                                                                    Originally posted by Far-L
                                                                                                    Well at least now we found a point we agree on and I apologize for making any assumptions or insinuations. I do think you had a case. Certainly more clear cut than this one.

                                                                                                    I will be sure to get some points on Evan's patents to pay for my lobbying efforts on his behalf.

                                                                                                    Why you have to resort to swearing mate? Did I make you angry? Get over it. That kind of talk certainly doesn't convince anyone that you are a professional btw.

                                                                                                    Forgive me though, most people that take the stance you have here I find have been on the wrong side of this issue one too many times. I apologize once again if I assumed the same of you.

                                                                                                    lol i am not trying to convince anyone i am a professional. people that know me know me, and those that don't well they can think what they like.


                                                                                                    after 3 or 4 insinuations that you think I am full of shit, talk about my self rightiousness, etc... pardon me for saying " asshole" .

                                                                                                    I am about as professional as they come. I don't bull shit and i don't sweet talk. I don't throw parties and I don't blow people, and yes ocassionaly I swear. sorry if it offended you.

                                                                                                    I also have a moron making up lies about me in another thread so forgive me for being a little more testie then usual.


                                                                                                    apology accepted. thank you.
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                                                                                                    • Far-L
                                                                                                      Confirmed User
                                                                                                      • Feb 2002
                                                                                                      • 6065

                                                                                                      #150
                                                                                                      Originally posted by will76
                                                                                                      lol i am not trying to convince anyone i am a professional. people that know me know me, and those that don't well they can think what they like.


                                                                                                      after 3 or 4 insinuations that you think I am full of shit, talk about my self rightiousness, etc... pardon me for saying " asshole" .

                                                                                                      I am about as professional as they come. I don't bull shit and i don't sweet talk. I don't throw parties and I don't blow people, and yes ocassionaly I swear. sorry if it offended you.

                                                                                                      I also have a moron making up lies about me in another thread so forgive me for being a little more testie then usual.


                                                                                                      apology accepted. thank you.
                                                                                                      thanks, sorry to be a pain in the ass - just trying to add good gfy entertainment value at the expense of making a biz point. On a side note, I have been a silent supporter and would say that your tact on the zango deal has been well reasoned and professionally argued by you.

                                                                                                      I have no problem with you or anyone else here regarding where they stand on this tm issue btw. I am fine with agreeing to disagree and would defend your rights to those opinions to the death.
                                                                                                      HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                                                                      Contact
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