Quote:
Originally Posted by smutpeddler
I understand your disposition, however, I disagree. Yes, they may have common law trademark, but the establishment of " XTUBE ", given its comparatively common name (which is speculation of why the trademark application was unsuccessful) as well as its virtual being, as opposed to something unique such as Microsoft, Tonka, Wal-Mart, Cover Girl, and et al; the common law defense would stand futile in a challenge against a registration or application in court.
In addition, without a federal trademark, the registrant (XTUBE) virtually cannot bring an action concerning the trademark in federal court (via the Federal Trade Commission) to have my domain seized. You speak as if Mindgeek can just go around snatching up domains at will. Yes, they have a large stake in the porno industry, but there exists regulations. I'm pretty sure monopolies are illegal.
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It doesn't need to go to court, these issues are decided using the UDRP process and I am pretty sure Mindgeek would win and you have obviously demonstrated that you have not registered the domain in good faith. In fact you reference search numbers for xtube in your pitch.
Notwithstanding that, you cannot put anything porn related on .IO.