MinusOneBit Announces Possible Trademark Lawsuit

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  • DutchTeenCash
    I like Dutch Girls
    • Feb 2003
    • 21684

    #51
    I know a girl called Victoria who had a diary called Victorias Secret

    Think Ill sue them and ask them to change the name

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    • JFK
      FUBAR the ORIGINATOR
      • Jan 2002
      • 67369

      #52
      Originally posted by DutchTeenCash
      I know a girl called Victoria who had a diary called Victorias Secret

      Think Ill sue them and ask them to change the name
      what's her secret ?

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      • d-null
        . . .
        • Apr 2007
        • 13724

        #53
        from a lawyers opinion on Expertlaw.com

        "At common law, a trademark is obtained by adopting and using the trademark in association with goods or services."

        "It is not necessary that a trademark be registered in order to commence litigation for infringement."

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        • Mike Dutch
          Confirmed User
          • Aug 2003
          • 5607

          #54
          quite entertaining post indeed

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          • Nikki_Licks
            Confirmed User
            • May 2005
            • 6323

            #55
            Someone forget their meds today?...............
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            • Scootermuze
              Confirmed User
              • Dec 2001
              • 4513

              #56
              Originally posted by Clean_Franck
              I thought to own a trademark you have to file papers and go through a legal process.

              Or am I wrong, if so could someone explain where I am going wrong please.
              You file an application with the United States Patent and Trademark office for a few hundred dollar fee, do a search to make sure there isn't already a mark for the name.. Best to have a qualified attorney involved.. Then do a wait & see as to the validity of such a mark.. and the approval process..

              Not.. "Ok I made up a name, so it's automatically trademarked." as M.O.B. apparently thinks..

              Comment

              • FightThisPatent
                Confirmed User
                • Aug 2003
                • 4090

                #57
                Originally posted by minusonebit
                The following notice, regarding my intent to file a civil lawsuit ...
                Your tenacity is admirable, your intentions somewhat misguided.

                A better windmill to go after is companies like Zango who use what i have coined as "jackware" to have software that is used on installed computers to take traffic away from affiliates and paysites.

                I believe a class action lawsuit could be initiated against Zango for the taking of traffic. I realize the FTC has fined them previously, but it did not shutdown their traffic stealing methods.

                The angle that I am thinking of is in relation to real world laws.

                For example, if your neighbor put up a billboard tower, and the billboard extended into your yard, you might be able to make a case for "air rights" that the billboard has extended into your property (like a tree branch that has gone over the edge and you want to trim it).

                With this analogy, the popup window that zango triggers over your website might cross-over.

                Now this kind of litigation would be most favored by adult webmasters as being a positive use of the legal system to correct the injustice.

                I am all in favor of "laymen" doing the research and finding the angles to then present to attorneys.. Do any kind of legal legwork as much as you can, so that you don't rack up hourly charges.


                Fight the Zango!

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                Comment

                • escorpio
                  doesn't fuck around.
                  • Oct 2002
                  • 23486

                  #58
                  Unvaxxed, still alive.

                  Comment

                  • Spudstr
                    Confirmed User
                    • Jan 2003
                    • 2321

                    #59
                    One with common sense would not publicly post these letters and would just get council and have them do it all the "right" way. I'm sure if you talked to a lawyer he would call you an idiot for publicly posting all of this due to any mistake you could make in your postings could be used against you.
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                    • d-null
                      . . .
                      • Apr 2007
                      • 13724

                      #60
                      Originally posted by Scootermuze
                      You file an application with the United States Patent and Trademark office for a few hundred dollar fee, do a search to make sure there isn't already a mark for the name.. Best to have a qualified attorney involved.. Then do a wait & see as to the validity of such a mark.. and the approval process..

                      Not.. "Ok I made up a name, so it's automatically trademarked." as M.O.B. apparently thinks..

                      according to expertlaw.com that is not entirely necessary

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                      • Scootermuze
                        Confirmed User
                        • Dec 2001
                        • 4513

                        #61
                        Originally posted by jetjet
                        from a lawyers opinion on Expertlaw.com

                        "At common law, a trademark is obtained by adopting and using the trademark in association with goods or services."

                        "It is not necessary that a trademark be registered in order to commence litigation for infringement."
                        "In association with goods or services" .. not a nickname.. and it would only be an in-state issue with such goods or services..

                        Comment

                        • Steve Awesome
                          Confirmed User
                          • Jan 2007
                          • 1575

                          #62
                          Actually, other than being easily excitable, Keith hasn't really done anything wrong in regards to posting what is in all actuality a public notice. Most notices don't get posted for dramatic effect in the way this one has. If I were John, I would surrender the domain immediately and stop fucking with this guy.

                          Comment

                          • d-null
                            . . .
                            • Apr 2007
                            • 13724

                            #63
                            Originally posted by Scootermuze
                            "In association with goods or services" .. not a nickname.. and it would only be an in-state issue with such goods or services..
                            perhaps, but as he mentioned earlier he is using the 'nickname' as a business name in selling links (sigs) and his own 'branding' of his internet "businesses"

                            why do you say it is "in-state" when the internet businesses are obviously worldwide?

                            not supporting any of this, I am just interested in internet legalities and want to hash through misinformation and incorrect assumptions (especially when it comes to domain name legal issues)

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                            • ninavain
                              So Fucking Banned
                              • Jan 2004
                              • 6268

                              #64
                              Originally posted by V_RocKs
                              You also may not have exclusive rights to the mark.

                              In other words... If you use Tide as a mark for your household cleaning items that may not be enough to stop me from using Tide as a mark for my company that produces wetsuit and diving products.
                              V-Rocks is correct, we do trademarks frequently...spend $400 and get it done, then you can call out John and fight for the terrible domain name.

                              Comment

                              • Scootermuze
                                Confirmed User
                                • Dec 2001
                                • 4513

                                #65
                                Originally posted by FightThisPatent
                                Your tenacity is admirable, your intentions somewhat misguided.
                                A better windmill to go after is companies like Zango
                                You just wasted your time..

                                If you've noticed all of the M.O.B. threads, he has a hard on for TMM and thinks he's going to save the adult industry by dragging it through the mud and become Supermob..

                                Comment

                                • Fluid
                                  Confirmed User
                                  • Jul 2001
                                  • 380

                                  #66
                                  Originally posted by minusonebit
                                  1.
                                  1. It is pointed to name servers, but thats irrelevant anyway.
                                  2. His having it deprives me of its use. Being that I am the one who owns the trademark and not him - and he was never licensed to use the mark (as far as I know), he is not allowed to do that. It doesn't matter if he ever published a single bit of information there.
                                  That would be an interesting case, if you bothered to register the trademark, and if it would ever be approved (which actually isn't very likely in your case)

                                  Comment

                                  • d-null
                                    . . .
                                    • Apr 2007
                                    • 13724

                                    #67
                                    Originally posted by ninavain
                                    V-Rocks is correct, we do trademarks frequently...spend $400 and get it done, then you can call out John and fight for the terrible domain name.
                                    like I said before, I don't think there can be any trademark infringement if the domain is not actually being used or parked

                                    as far as squatting, that is a registration issue

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                                    • KingK7
                                      Confirmed User
                                      • Jun 2002
                                      • 6372

                                      #68
                                      I think I just became a little dumber from reading this...

                                      Comment

                                      • FightThisPatent
                                        Confirmed User
                                        • Aug 2003
                                        • 4090

                                        #69
                                        Originally posted by Scootermuze
                                        You just wasted your time..
                                        being on GFY wastes my time LOL



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                                        • Scootermuze
                                          Confirmed User
                                          • Dec 2001
                                          • 4513

                                          #70
                                          Originally posted by jetjet

                                          why do you say it is "in-state" when the internet businesses are obviously worldwide?
                                          Because common law is governed by state.. Not all states recognize the same common law rights... For instance.. common law marriage isn't recognized in all states..

                                          If you've used a certain name for a product in your state, it is only recognized in that state.. I could use the same name in my state and you'd have no recourse under common law.

                                          Comment

                                          • Tempest
                                            Too lazy to set a custom title
                                            • May 2004
                                            • 10217

                                            #71
                                            Originally posted by minusonebit
                                            LOL, who used it before me? What you just said would mean that I *win*, not lose.
                                            I found it in use prior to the date you claim you would have it "trademarked"...

                                            Comment

                                            • Scootermuze
                                              Confirmed User
                                              • Dec 2001
                                              • 4513

                                              #72
                                              Originally posted by FightThisPatent
                                              being on GFY wastes my time LOL
                                              Well.. ya have a point there..

                                              Comment

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

                                                #73
                                                Originally posted by FightThisPatent
                                                Your tenacity is admirable, your intentions somewhat misguided.

                                                A better windmill to go after is companies like Zango who use what i have coined as "jackware" to have software that is used on installed computers to take traffic away from affiliates and paysites.

                                                I believe a class action lawsuit could be initiated against Zango for the taking of traffic. I realize the FTC has fined them previously, but it did not shutdown their traffic stealing methods.

                                                The angle that I am thinking of is in relation to real world laws.

                                                For example, if your neighbor put up a billboard tower, and the billboard extended into your yard, you might be able to make a case for "air rights" that the billboard has extended into your property (like a tree branch that has gone over the edge and you want to trim it).

                                                With this analogy, the popup window that zango triggers over your website might cross-over.

                                                Now this kind of litigation would be most favored by adult webmasters as being a positive use of the legal system to correct the injustice.

                                                I am all in favor of "laymen" doing the research and finding the angles to then present to attorneys.. Do any kind of legal legwork as much as you can, so that you don't rack up hourly charges.


                                                Fight the Zango!

                                                What he said.


                                                Curious why no one even comments on why is John still pissing with this guy and what the hell was he thinking to register this domain. Why stoop to his level, he has nothing gain from registering that domain.
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                                                Comment

                                                • Jman
                                                  Already an AI veteran
                                                  • Sep 2003
                                                  • 22834

                                                  #74
                                                  The more i think about it, you should take the red pill. Seems you're allready on a wild ride son.
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                                                  • Scootermuze
                                                    Confirmed User
                                                    • Dec 2001
                                                    • 4513

                                                    #75
                                                    Originally posted by will76
                                                    what the hell was he thinking to register this domain.
                                                    I'm wondering if the individual that discovered that it had been registered wasn't out to register it himself and saw that it had already been done..

                                                    Comment

                                                    • Steve Awesome
                                                      Confirmed User
                                                      • Jan 2007
                                                      • 1575

                                                      #76
                                                      Not really much out there.

                                                      http://groups.google.com/groups?q=%2...l=en&ie=UTF-8&

                                                      Comment

                                                      • ShaveBucks
                                                        Confirmed User
                                                        • Mar 2005
                                                        • 467

                                                        #77
                                                        Originally posted by Steve Awesome
                                                        Do you always base all your google searches through google groups?

                                                        Comment

                                                        • Satan
                                                          Confirmed User
                                                          • Jun 2005
                                                          • 1626

                                                          #78
                                                          trademark ha? so you went to the trademark office and trademarked your idea of a name? wow thats a good one, You really are an idiot
                                                          WHO THE FUCK ARE YOU?

                                                          Comment

                                                          • d-null
                                                            . . .
                                                            • Apr 2007
                                                            • 13724

                                                            #79
                                                            Originally posted by Scootermuze
                                                            I'm wondering if the individual that discovered that it had been registered wasn't out to register it himself and saw that it had already been done..
                                                            I think you must have missed the thread where John announced that he had registered it.

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                                                            • FightThisPatent
                                                              Confirmed User
                                                              • Aug 2003
                                                              • 4090

                                                              #80
                                                              Originally posted by ShaveBucks
                                                              Do you always base all your google searches through google groups?
                                                              If you are looking to discover first use of words or ideas (ie like patents, etc), the usenet groups are a good source, because thats where a lot of techie and general chatter had occurred back then.

                                                              so it is a good place to do some digging.

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                                                              • X37375787

                                                                #81
                                                                I usually stay away from all this minusonebit bullshit on GFY, but this really takes the cake.

                                                                You are seriously a lonely, pathetic individual. Need a friend?

                                                                Comment

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

                                                                  #82
                                                                  Here we go.. A legitimate use for the domain:

                                                                  Forward it to this URL:
                                                                  http://members.aol.com/shmuggs/cmo.html

                                                                  The Minus One bit as performed by Albert Brooks!

                                                                  Comment

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

                                                                    #83
                                                                    Or a page going into lengthy discussion of the 8bit and 7bit data formats of baud modems.

                                                                    Comment

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

                                                                      #84
                                                                      Or how about bit shifting which is often referred to when enumerating bit positions in an operand length.

                                                                      Comment

                                                                      • MaDalton
                                                                        I am Amazing Content!
                                                                        • Feb 2004
                                                                        • 39861

                                                                        #85
                                                                        i think he could have used at least "gofuckyourself.com" instead of "gfy.com" in the letter. makes it looking much more serious than it is already
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                                                                        • Steve Awesome
                                                                          Confirmed User
                                                                          • Jan 2007
                                                                          • 1575

                                                                          #86
                                                                          Originally posted by ShaveBucks
                                                                          Do you always base all your google searches through google groups?
                                                                          Yes!

                                                                          Comment

                                                                          • SuzzyQ
                                                                            Confirmed User
                                                                            • Dec 2006
                                                                            • 1557

                                                                            #87
                                                                            This nut case cracks me up.

                                                                            Comment

                                                                            • uno
                                                                              RIP Dodger. BEST.CAT.EVER
                                                                              • Dec 2002
                                                                              • 18450

                                                                              #88
                                                                              -uno
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                                                                              • Scootermuze
                                                                                Confirmed User
                                                                                • Dec 2001
                                                                                • 4513

                                                                                #89
                                                                                Originally posted by jetjet
                                                                                I think you must have missed the thread where John announced that he had registered it.
                                                                                Hmm.. Guess I did..

                                                                                I just saw the thread with a title questioning why he did it...

                                                                                Such a question could have just been posted in the original thread..
                                                                                Unless someone else is wanting to jump on the smear bandwagon..

                                                                                Oh well...

                                                                                Comment

                                                                                • ~Ray
                                                                                  visit hardlinks.org
                                                                                  • Jun 2003
                                                                                  • 18361

                                                                                  #90
                                                                                  how do you profit from your name? you only use it in adult, and you already said you don't make any money in adult.
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                                                                                  • pip
                                                                                    So Fucking Banned
                                                                                    • Nov 2005
                                                                                    • 468

                                                                                    #91
                                                                                    God you are such an idiot, you don't even own the trademark

                                                                                    Comment

                                                                                    • Pleasurepays
                                                                                      BANNED - SUPPORTING TUBES
                                                                                      • Aug 2002
                                                                                      • 11913

                                                                                      #92
                                                                                      You guys are all missing the obvious. he has been sued for the same for domains that he owned... the purpose of which were to slander companies. he lost several times and lost the domains.

                                                                                      he probably has some vague understanding of the language and process and thinks he has enough brains to construct what he feels is a semi-legit legal argument. even though he is way off in his assumptions and seems to have no real concept of what he's getting into, he's definately entertaining.

                                                                                      Comment

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

                                                                                        #93
                                                                                        Originally posted by Pleasurepays
                                                                                        You guys are all missing the obvious. he has been sued for the same for domains that he owned... the purpose of which were to slander companies. he lost several times and lost the domains.

                                                                                        he probably has some vague understanding of the language and process and thinks he has enough brains to construct what he feels is a semi-legit legal argument. even though he is way off in his assumptions and seems to have no real concept of what he's getting into, he's definately entertaining.
                                                                                        Yeah... I bet he just cut and paste what was sent to him...


                                                                                        hAHAHAHHAHAHAA

                                                                                        Comment

                                                                                        • Klen
                                                                                          • Aug 2006
                                                                                          • 32234

                                                                                          #94
                                                                                          Damn some people realy knows how to make fun of self

                                                                                          Comment

                                                                                          • Luscious Media
                                                                                            Confirmed User
                                                                                            • Feb 2005
                                                                                            • 785

                                                                                            #95
                                                                                            A mark comprised of an Internet domain name is registrable as a trademark or service mark only if it functions as an identifier of the source of goods or services. Portions of the uniform resource locator (“URL”), including the beginning, (“http://www.”) and the top-level Internet domain name (“TLD”) (e.g., “.com,” “.org,” “.edu,”) function to indicate an address on the World Wide Web, and therefore generally serve no source-indicating function. See TMEP §§1215 et seq. for further information.

                                                                                            Source: http://tess2.uspto.gov/tmdb/tmep/1200.htm#_T120903m

                                                                                            "A mark comprised of an Internet domain name is registrable as a trademark or service mark only if it functions as an identifier of the source of goods or services."

                                                                                            I don't think being a sig whore and an asshole constitutes goods or services but I suppose you could give it a shot.
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                                                                                            • The Duck
                                                                                              Adult Content Provider
                                                                                              • May 2005
                                                                                              • 18243

                                                                                              #96
                                                                                              what a joke
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                                                                                              Comment

                                                                                              • Kimmykim
                                                                                                bitchslapping zebras!!!!!
                                                                                                • Jun 2001
                                                                                                • 16015

                                                                                                #97
                                                                                                Keith,
                                                                                                You're starting to look a little whacky here, you might want to back off a bit.

                                                                                                Comment

                                                                                                • WarChild
                                                                                                  Let slip the dogs of war.
                                                                                                  • Jan 2003
                                                                                                  • 17263

                                                                                                  #98
                                                                                                  Bahahahahahahaha. This guy's such a nut it's funny.
                                                                                                  .

                                                                                                  Comment

                                                                                                  • Phil
                                                                                                    Confirmed User
                                                                                                    • Jan 2004
                                                                                                    • 7659

                                                                                                    #99
                                                                                                    bwaaaa, claiming trademark of forum "nickname"
                                                                                                    Ask Phil

                                                                                                    Comment

                                                                                                    • uno
                                                                                                      RIP Dodger. BEST.CAT.EVER
                                                                                                      • Dec 2002
                                                                                                      • 18450

                                                                                                      #100
                                                                                                      Originally posted by Kimmykim
                                                                                                      Keith,
                                                                                                      You're starting to look a little whacky here, you might want to back off a bit.
                                                                                                      Starting to?
                                                                                                      -uno
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