Twistys abusing ICANN policies and pushing people around?

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  • Honez
    Confirmed Brat
    • Apr 2003
    • 6636

    #351
    350 sexy tubes!
    Your Paysite Partner
    Hone at YourPaysitePartner dot Com
    Skype - Stressmonkey

    Comment

    • Lamis
      So Fucking Banned
      • Sep 2007
      • 961

      #352
      Shap god OWNED... Even though he tries to stay cool and keep playing "poker".. lol..

      You are totally owned shap.. and you need a new lawyer... BIG troubles are on your way... hehe.

      Comment

      • eroticsexxx
        Confirmed User
        • Aug 2006
        • 3133

        #353
        Originally posted by hdkiller
        hah. he still not contact me on icq... so you speaking the truth.. adult is disgousthing
        Don't get me wrong now.

        My views on this issue are focused on the long term repercussions of this legal battle and its resulting effect on everyone in this industry. If we, as a collective, begin to allow the legal blocking of segments of "inadvertent" domain name ownership, industry creativity over the long term could possibly be stunted. It also sets up a dangerous precedent that could be abused for the purposes of shutting down others in the future.

        We don't want that.

        This industry needs competition and growth. Everyone needs to work together, even if they are at odds with each other.

        Look at the bigger picture that affects us all.

        You guys need to work this out and not here on GFY. This is business, not personal.
        Last edited by eroticsexxx; 03-02-2009, 05:19 PM.

        Comment

        • Lamis
          So Fucking Banned
          • Sep 2007
          • 961

          #354
          FUCK YOU SHAP...

          There IS NO WAY you will get those domains.. NO WAY.

          A friend of mine has 10 domains registered and using the "sextube" sheme and YOU CAN'T touch him. Using your Mafia Style of intimidating via email WON'T do shit.

          All your content is already spread on torrents with thousands of seeds and also rapidshare links.

          Comment

          • TeenCat
            Too lazy to set a koala
            • Jan 2007
            • 16131

            #355
            i have bought shaptube.com

            6bot
            / Coming again very soon!
            Svit Zlin Radio 24/7!

            Comment

            • Pleasurepays
              BANNED - SUPPORTING TUBES
              • Aug 2002
              • 11913

              #356
              Originally posted by eroticsexxx
              *dons tinfoil hat*

              Perhaps lawmakers are fully aware of the potential for cannibalism within this industry.

              Knowing full well that greed can destroy the best of things, their allowance of takeovers like this (regardless of the intentions of the trademark owner) sets a precedence that most likely will be followed to the nth degree until the faeces hits the oscillating unit and the industry implodes, engulfed by the stench of hypocrisy regarding opposing views about domain name freedom on the internet.

              It is best that everyone involved in this situation think long and hard about what legal precedence will be set and how this can potentially blow up in all of our faces...and pockets...over the the long term.

              *crumples tin foil hat into a tight ball and tosses it out of the window*
              domain trademark disputes, complaints and lawsuits happen all day, everyday. in fact, i just got a nasty letter from the lawfirm representing Eharmony.com on friday claiming a domain i own (a hoax site, no less) infringes on their mark, namely by using the word "harmony". it will go right into my pile of senseless legal threats. i have a large one. i have tons them from the Vatican to Subway (jaredremembered.com)

              every single registrar and parking company of any real size is usually dealing with several trademark disputes/claims at any given moment not to mention complaints and lawsuits and disputes that do not involve parking or registrar companies (disputes that remain between two parties). Shap isn't going to be setting any precedence no matter what he chooses to do. domains and the resulting disputes weren't invented yesterday and neither was ICAAN's UDRP

              besides, the law is not about who's right or wrong. it's about who wins. to determine that... you have to to fight. fighting comes with a serious cost. its all fine and well to talk tough... but when it comes down to it and you realize you're doing nothing but enriching a room full of attorneys just to take a principled stand, you'll regret the waste of time, money and energy.

              Comment

              • hdkiller
                Full time cybermage
                • Jun 2006
                • 461

                #357
                I said, you didnt contatct ME on ICQ, and now you are loosing affiliates... You are a lame SIR, and u will loose serious money...
                ClickPapa! - Buy and Sell traffic

                Comment

                • GAMEFINEST
                  Make STACK$
                  • Nov 2006
                  • 14470

                  #358
                  lol..this is hiarliriuss
                  Compound interest.

                  Comment

                  • cognitos
                    Confirmed User
                    • Jun 2006
                    • 99

                    #359
                    Originally posted by hdkiller
                    I said, you didnt contatct ME on ICQ, and now you are loosing affiliates... You are a lame SIR, and u will loose serious money...
                    Why did you choose a domain with sex and tube in the url, Is this because you perceived it had value?

                    Comment

                    • hdkiller
                      Full time cybermage
                      • Jun 2006
                      • 461

                      #360
                      Originally posted by shap
                      ok. Now i'm off. I tried contacting the owner of hardsextube on icq for the past 45 minutes with no reply. We'll see if he wants to work something out.

                      For those of you defending him you might want to visit his site. Check out the videos and tell me if you'd want your trademark and domain confused with his.
                      dmca
                      .
                      .
                      .
                      ClickPapa! - Buy and Sell traffic

                      Comment

                      • hdkiller
                        Full time cybermage
                        • Jun 2006
                        • 461

                        #361
                        Originally posted by cognitos
                        Why did you choose a domain with sex and tube in the url, Is this because you perceived it had value?
                        yeah sure.... i was expected they a millions of uniq who typosquatting sextube into hard sextube... what a genious i am..... /sarcasm
                        ClickPapa! - Buy and Sell traffic

                        Comment

                        • hdkiller
                          Full time cybermage
                          • Jun 2006
                          • 461

                          #362
                          but for fun now my trademark the next door, so let me show you how we going to scam all the domains having next door in it...
                          ClickPapa! - Buy and Sell traffic

                          Comment

                          • SarahLLO
                            Confirmed User
                            • Oct 2007
                            • 1168

                            #363
                            Originally posted by Davey Jones
                            Twistys own a lot of domains: http://darksidedata.com/twistys.txt

                            (pulled from whois info)


                            I think what they are doing is pretty bad.

                            apesex.com?

                            Give me money & buy my links here, damn it!

                            Comment

                            • fuzebox
                              making it rain
                              • Oct 2003
                              • 22365

                              #364
                              Originally posted by SarahLLO
                              apesex.com?

                              sexape.com is an mgp twistys has owned for years.

                              Comment

                              • SmokeyTheBear
                                ►SouthOfHeaven
                                • Jun 2004
                                • 28609

                                #365
                                Originally posted by cognitos
                                Why did you choose a domain with sex and tube in the url, Is this because you perceived it had value?
                                im just taking a wild shot in the dark here but i bet he regged it because he wanted a tube site that showed sex. Why do you think he did it, because he noticed sextube was regged but not even a site and wanted to trick other people who knew shap trademarked the term sextube but it wasnt even a site yet ? for all those people who frequently type in trademarks that arent being used ?
                                hatisblack at yahoo.com

                                Comment

                                • eroticsexxx
                                  Confirmed User
                                  • Aug 2006
                                  • 3133

                                  #366
                                  Originally posted by Pleasurepays
                                  besides, the law is not about who's right or wrong. it's about who wins. to determine that... you have to to fight. fighting comes with a serious cost. its all fine and well to talk tough... but when it comes down to it and you realize you're doing nothing but enriching a room full of attorneys just to take a principled stand, you'll regret the waste of time, money and energy.
                                  I understand what you're saying, but my reference involved this industry in particular and the possible effect on smaller webmasters and programs.

                                  For example, if my developing brand all of a sudden begins to take over an established, wealthy program, and they decide to exert a similar effort as Twisty's to shut me down, who really wins in the long term?

                                  What if the service that I'm providing (or would have come up with because of my newfound success) would have actually helped the industry move 10 years ahead?

                                  Who really suffers? We can fool ourselves all we want, but there are people (namely lawmakers) who would love to see this industry fall flat on its face. At the same time, while every business is about money, there needs to be some semblance of decorum when situations like this occur. The problems that I have seen in my short stint in this industry involve a deep fragmentation regarding business planning and established standards. It seems as if we all can be turned against each other with a simple accusation.

                                  Order needs to be implemented and regardless of whether people find themselves on the shitty end of the stick, there needs to be a sense of professionalism and respect at all times...or at least as much as possible.

                                  Another point to ponder is: Do we really want regulators and lawmakers delving in the inner workings of our industry and being the "referees" in fights that they don't want any of us to win?

                                  Comment

                                  • SarahLLO
                                    Confirmed User
                                    • Oct 2007
                                    • 1168

                                    #367
                                    Originally posted by fuzebox
                                    sexape.com is an mgp twistys has owned for years.

                                    Sheesh, thank goodness. I was worried for a minute there
                                    Give me money & buy my links here, damn it!

                                    Comment

                                    • CyberHustler
                                      Masterbaiter
                                      • Feb 2006
                                      • 28788

                                      #368
                                      “If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”

                                      Comment

                                      • hdkiller
                                        Full time cybermage
                                        • Jun 2006
                                        • 461

                                        #369
                                        ClickPapa! - Buy and Sell traffic

                                        Comment

                                        • crockett
                                          in a van by the river
                                          • May 2003
                                          • 76818

                                          #370
                                          Originally posted by Shap
                                          We trademarked SexTube and GayTube for the same reason we trademarked Twistys. To protect our investments.

                                          We registered SexTube before YouTube was even registered. Back then tube was not a common term used online.

                                          I appreciate your thoughts. We are simply following our lawyers advice. I'm not here to get into a debate of what is right or wrong.

                                          Wow man it looks like you will finally have "bro status". You have really managed to go from "respectable status" to "bro status" pretty fast.. Fuck dude how much money is enough? Seems once greed takes hold, you guys always end up the same.

                                          Congrats on your millions..

                                          btw I wonder how you would feel if the owner of "tube" TM came and stole your domains..
                                          Last edited by crockett; 03-02-2009, 05:52 PM.
                                          In November, you can vote for America's next president or its first dictator.

                                          Comment

                                          • DaddyHalbucks
                                            A freakin' legend!
                                            • Feb 2004
                                            • 18975

                                            #371
                                            Is his use limited to Hungary, or does he do business with US customers?
                                            Boner Money

                                            Comment

                                            • polish_aristocrat
                                              Too lazy to set a custom title
                                              • Jul 2002
                                              • 40377

                                              #372
                                              I'm glad I didn't pay the big bucks for twisty.com



                                              I don't use ICQ anymore.

                                              Comment

                                              • hdkiller
                                                Full time cybermage
                                                • Jun 2006
                                                • 461

                                                #373
                                                Yeah but the guys who ownes those domains does not give it away for free...
                                                ClickPapa! - Buy and Sell traffic

                                                Comment

                                                • BusterBunny
                                                  perverted justice decoy
                                                  • Aug 2005
                                                  • 19291

                                                  #374
                                                  after much contemplation it has been decided guacamolesextube.com will consist of men fucking bowls of guacamole...the latina market is too saturated already
                                                  my sig caught gonoherpasyphilaids and died

                                                  Comment

                                                  • wtfent
                                                    Confirmed User
                                                    • Nov 2003
                                                    • 3790

                                                    #375
                                                    Drama for your mamma
                                                    ThisWillShockYou.com DVD Store - TWSY UNCENSORED
                                                    ICQ# 194020367 E-mail: shockingbucks(AT)gmail.com
                                                    Promote something different!! Shocking Bucks

                                                    Comment

                                                    • crockett
                                                      in a van by the river
                                                      • May 2003
                                                      • 76818

                                                      #376
                                                      Originally posted by Brujah
                                                      1,811 results for domains containing 'sextube.com'
                                                      http://domain-search.domaintools.com/?q=sextube.com

                                                      Karma's going to own your ass big someday Shap, and you'll deserve every bit of it. I really used to think you were alright, a pretty good guy. All these bitch moves you're making lately though, maybe it's who you always were or just who you've become. Whatever helps you sleep at night, Scrooge.

                                                      I'm glad someone else looks at it the same way I do.. Shap has turned into a real bitch. fucking sad thing to, I used to respect him for what he had built, in what seemed to be a honest way.

                                                      Looks like those days are over.
                                                      In November, you can vote for America's next president or its first dictator.

                                                      Comment

                                                      • hdkiller
                                                        Full time cybermage
                                                        • Jun 2006
                                                        • 461

                                                        #377
                                                        And he is still not contacted us on ICQ..... 3m usd is the price for now, do you have that money, or you still want to scam it for a $350 by filling a trademark?
                                                        ClickPapa! - Buy and Sell traffic

                                                        Comment

                                                        • mmcfadden
                                                          So Fucking Banned
                                                          • Oct 2008
                                                          • 5099

                                                          #378
                                                          what's going on in here? read the first page and this page...

                                                          Comment

                                                          • cess
                                                            Confirmed User
                                                            • Sep 2006
                                                            • 2921

                                                            #379
                                                            Originally posted by Brujah
                                                            He's an idiot, but that doesn't make what you're doing right. Just wanted to clarify that nothing I've said has anything to do with his site, or the owner. Only the issue of domain rights for generic domain owners.
                                                            That's exactly what 99% of the people here are complaining about. If shap was just going after this one guy because he had shaps vids on that site I doubt anyone would care. Everyone is bitching because they think it's shitty people are being threatened at random for owning a generic domain. Not just this one guy, he just happens to be included.

                                                            Then it's also funny twistys/shap admitted to infringing other peoples trademarks and making cash off of them. Ones that don't sound generic.

                                                            Comment

                                                            • cognitos
                                                              Confirmed User
                                                              • Jun 2006
                                                              • 99

                                                              #380
                                                              Originally posted by cess
                                                              That's exactly what 99% of the people here are complaining about. If shap was just going after this one guy because he had shaps vids on that site I doubt anyone would care. Everyone is bitching because they think it's shitty people are being threatened at random for owning a generic domain. Not just this one guy, he just happens to be included.

                                                              Then it's also funny twistys/shap admitted to infringing other peoples trademarks and making cash off of them. Ones that don't sound generic.
                                                              So if I took the two generic terms such as 'free' and 'ones' and registered hardfreeones.com that would be kosher?

                                                              Comment

                                                              • BusterBunny
                                                                perverted justice decoy
                                                                • Aug 2005
                                                                • 19291

                                                                #381
                                                                Originally posted by mmcfadden
                                                                what's going on in here? read the first page and this page...
                                                                i am starting a tube site filled with men fucking bowls of guacamole that's about all you need to know
                                                                my sig caught gonoherpasyphilaids and died

                                                                Comment

                                                                • Brujah
                                                                  Beer Money Baron
                                                                  • Jan 2001
                                                                  • 22157

                                                                  #382
                                                                  Originally posted by cognitos
                                                                  So if I took the two generic terms such as 'free' and 'ones' and registered hardfreeones.com that would be kosher?
                                                                  No, and you should probably stop now. I'm sure you think that's really clever and that it's making an interesting point. Smarter people have made much better points throughout this thread.

                                                                  Comment

                                                                  • cognitos
                                                                    Confirmed User
                                                                    • Jun 2006
                                                                    • 99

                                                                    #383
                                                                    Originally posted by Brujah
                                                                    No, and you should probably stop now. I'm sure you think that's really clever and that it's making an interesting point. Smarter people have made much better points throughout this thread.
                                                                    Okay, would you mind explain the difference then between hardsextube.com and hardfreeones.com to someone who is not as clever as you?

                                                                    Thanks in advance.

                                                                    Comment

                                                                    • Ethersync
                                                                      Confirmed User
                                                                      • Mar 2008
                                                                      • 5289

                                                                      #384
                                                                      Originally posted by cess
                                                                      That's exactly what 99% of the people here are complaining about. If shap was just going after this one guy because he had shaps vids on that site I doubt anyone would care. Everyone is bitching because they think it's shitty people are being threatened at random for owning a generic domain. Not just this one guy, he just happens to be included.

                                                                      Then it's also funny twistys/shap admitted to infringing other peoples trademarks and making cash off of them. Ones that don't sound generic.
                                                                      The best ePassporte replacement I have found: OKPAY

                                                                      Comment

                                                                      • Ethersync
                                                                        Confirmed User
                                                                        • Mar 2008
                                                                        • 5289

                                                                        #385
                                                                        Originally posted by cognitos
                                                                        So if I took the two generic terms such as 'free' and 'ones' and registered hardfreeones.com that would be kosher?
                                                                        Is "ones" even a word?
                                                                        The best ePassporte replacement I have found: OKPAY

                                                                        Comment

                                                                        • Brujah
                                                                          Beer Money Baron
                                                                          • Jan 2001
                                                                          • 22157

                                                                          #386
                                                                          Originally posted by cognitos
                                                                          Okay, would you mind explain the difference then between hardsextube.com and hardfreeones.com to someone who is not as clever as you?

                                                                          Thanks in advance.
                                                                          Sex Tubes or Porn Tubes are exactly what these types of sites are. Free Ones doesn't carry the same obvious descriptiveness.

                                                                          Comment

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

                                                                            #387
                                                                            Originally posted by Ethersync
                                                                            Is "ones" even a word?
                                                                            sure

                                                                            eg. "he is one of the lucky ones" "you can choose from these ones" etc.

                                                                            it is a plural of single definite units

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                                                                            • Ethersync
                                                                              Confirmed User
                                                                              • Mar 2008
                                                                              • 5289

                                                                              #388
                                                                              Originally posted by d-null
                                                                              sure

                                                                              eg. "he is one of the lucky ones" "you can choose from these ones" etc.

                                                                              it is a plural of single definite units
                                                                              oops. duh. "loved ones", "easy ones", etc... i need some sleep
                                                                              The best ePassporte replacement I have found: OKPAY

                                                                              Comment

                                                                              • gideongallery
                                                                                Confirmed User
                                                                                • Aug 2003
                                                                                • 7082

                                                                                #389
                                                                                Originally posted by SmokeyTheBear
                                                                                im just taking a wild shot in the dark here but i bet he regged it because he wanted a tube site that showed sex. Why do you think he did it, because he noticed sextube was regged but not even a site and wanted to trick other people who knew shap trademarked the term sextube but it wasnt even a site yet ? for all those people who frequently type in trademarks that arent being used ?
                                                                                or maybe it was that the domain sextube.com was taken, he wanted sex in his tube site and he started generating new words that included sex tube and still made sense.

                                                                                Microsoft argued they had a right to buy a generic word out of the dictionary too (lindows.com vs microsoft) and the judge ruled against that arguement, which is why they settled for 10 million dollars.

                                                                                Funny thing is that now that they have uniquely coined phrase they can stop all the varients (bindows, etc) as an infringement of lindows.com.

                                                                                “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                                Comment

                                                                                • devine
                                                                                  Confirmed User
                                                                                  • Jul 2006
                                                                                  • 620

                                                                                  #390
                                                                                  Originally posted by mpahlca
                                                                                  BTW thanks for everyone hitting the site, looks like best day ever on http://www.sextube.com keep it up.
                                                                                  so the traffic from GFY made your site's best day? damn, it really must be doing horrible, now I understand why you're going after a bigger site

                                                                                  Comment

                                                                                  • cognitos
                                                                                    Confirmed User
                                                                                    • Jun 2006
                                                                                    • 99

                                                                                    #391
                                                                                    Originally posted by Brujah
                                                                                    Sex Tubes or Porn Tubes are exactly what these types of sites are. Free Ones doesn't carry the same obvious descriptiveness.
                                                                                    So if I were to vist FreeOnes.com, I could NOT expect to find free photos and videos of celebs, super-models, and pornstars -- those being the ones I am looking for?

                                                                                    But if I made a site called HardFreeOnes.com -- that specialized exclusively in hardcore imagery and videos of celebs, super-models, and pornstars, I could circumvent any trademark protection that Freeone.com may have as I am using generic terms 'hard' (the style of content) 'free' (no charge for viewing the content), and ones (the ones that the surfer is looking for). HardFreeOnes.com

                                                                                    Comment

                                                                                    • Killswitch - BANNED FOR LIFE

                                                                                      #392
                                                                                      Originally posted by cognitos
                                                                                      Okay, would you mind explain the difference then between hardsextube.com and hardfreeones.com to someone who is not as clever as you?

                                                                                      Thanks in advance.
                                                                                      How many sites on the internet have free and ones in it? how many have sex and tube?

                                                                                      Think about it... You're grasping for straws now.

                                                                                      Comment

                                                                                      • Brujah
                                                                                        Beer Money Baron
                                                                                        • Jan 2001
                                                                                        • 22157

                                                                                        #393
                                                                                        "Free Ones" = free what? You wouldn't expect to find porn.

                                                                                        I realize you're here to support Shap or something probably, but seriously you should consider tagging someone else in at this point. You fail.

                                                                                        Comment

                                                                                        • Atticus
                                                                                          Confirmed User
                                                                                          • Dec 2004
                                                                                          • 1051

                                                                                          #394
                                                                                          This thread is humorous.

                                                                                          Yes SexTube is a brand and Shap has every right to protect his brand. Just because his brand is piggybacking off of the popularity of a much larger mainstream brand doesnt make his trademark any less enforceable.

                                                                                          It doesnt matter that the two words together are generic. Try registering collegefacebook.com and see how it goes.

                                                                                          It doesnt really matter if he is enforcing the trademark because he wants the traffic of the larger site or if he wants to limit confusion of his branding efforts to that of a site that offers full length videos and questionable content. He had the vision as a successful businessman and its his legal right to do what he pleases. The only thing he needs to weigh is if this legal course of action will cost him more affiliate business elsewhere thus negating the positive benefits of enforcing his trademark. (I seriously doubt it)

                                                                                          Comment

                                                                                          • georgeyw
                                                                                            58008 53773
                                                                                            • Jul 2005
                                                                                            • 9865

                                                                                            #395
                                                                                            Originally posted by Shap
                                                                                            So you guys think you can register sexyoutube.com and nothing would happen?
                                                                                            Hard Sextube.com

                                                                                            Hardsex Tube.com

                                                                                            When will you be suing Dave CHAPpelle??

                                                                                            As others have already said - you use to be quite the inspirational figure and now it seems Lars' greed has become contagious
                                                                                            TripleXPrint on Megan Fox
                                                                                            "I would STILL suck her pussy until her face caved in. And then blow her up and do it again!"

                                                                                            Comment

                                                                                            • chodadog
                                                                                              Confirmed User
                                                                                              • Apr 2002
                                                                                              • 9736

                                                                                              #396
                                                                                              I don't think when people are commenting on whether or not this is fair, they can consider the stolen content on the guy's website. Because that's not the issue. That's not why his site is being targetted. And the fact is, a perfectly legitimate tube site with full permission to use the content ending in sextube will be at risk here.

                                                                                              Brujah said it best.

                                                                                              Originally posted by Brujah
                                                                                              Well, I'm not an anonymous poster and I hope you lose any WIPO and are chastised for Reverse Domain Hijacking. Domain owners rights should be protected from someone getting a trademark for a generic word or phrase with generic usage and then using it as a weapon to steal others with generic domains, using their domains for what those generic words describe. That is who you've become.

                                                                                              Shap is the new Acacia.
                                                                                              26 + 6 = 1

                                                                                              Comment

                                                                                              • Fatbat
                                                                                                Confirmed User
                                                                                                • Aug 2003
                                                                                                • 204

                                                                                                #397
                                                                                                Originally posted by WarChild
                                                                                                I sort of doubt the trademark in Hungary predates the US one.

                                                                                                http://tess2.uspto.gov/bin/showfield...07:eds6u9.5.17

                                                                                                Filing Date December 15, 2006
                                                                                                Current Filing Basis 1A
                                                                                                Original Filing Basis 1B;44D
                                                                                                Published for Opposition September 25, 2007
                                                                                                Registration Number 3350922
                                                                                                Registration Date December 11, 2007
                                                                                                Owner (REGISTRANT) Carsed Marketing Inc. CORPORATION BAHAMAS P.O. Box AP59223 Slot 378 Nassau BAHAMAS
                                                                                                It doesn't have to, only the domain registration does. If the domain was registered before that trademark was filed, this is a case of reverse hijacking, plain and simple.

                                                                                                Originally posted by Cyandin
                                                                                                If someone buys a domain, it's theirs - period. If a company is not smart enough to buy all variants of their domain up, or names that appear similar, then it's on them.

                                                                                                The arguments to the contrary are mostly those of big companies trying to bully the little guys out of good domain names.

                                                                                                I say it again - If you go to a registrar and they sell you an available domain, then it's yours incontrovertibly. The big guys can then suck it up and pay the new owner for it if they want it so bad.
                                                                                                One only needs to look at WIPO case history to see that you really don't know what the fuck you are talking about.

                                                                                                Comment

                                                                                                • cess
                                                                                                  Confirmed User
                                                                                                  • Sep 2006
                                                                                                  • 2921

                                                                                                  #398
                                                                                                  Originally posted by Atticus
                                                                                                  It doesnt matter that the two words together are generic.
                                                                                                  Actually it does. If you owned a general store called General Store and sued someone for calling their store The General Store or even General Store you'd lose in court. If you somehow got the trademark it would make no difference. Plenty of people get trademarks that don't hold up in court.

                                                                                                  Comment

                                                                                                  • cognitos
                                                                                                    Confirmed User
                                                                                                    • Jun 2006
                                                                                                    • 99

                                                                                                    #399
                                                                                                    Originally posted by Brujah
                                                                                                    "Free Ones" = free what? You wouldn't expect to find porn.

                                                                                                    I realize you're here to support Shap or something probably, but seriously you should consider tagging someone else in at this point. You fail.
                                                                                                    No, I think I will stay. So, I could go to Hungry, and register HarderSexTube.com and not be in violation of this other guys Hungarian trademark?

                                                                                                    Comment

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

                                                                                                      #400
                                                                                                      Originally posted by Fatbat
                                                                                                      It doesn't have to, only the domain registration does. If the domain was registered before that trademark was filed, this is a case of reverse hijacking, plain and simple.



                                                                                                      One only needs to look at WIPO case history to see that you really don't know what the fuck you are talking about.
                                                                                                      I agree but appears as if sextube.com was also registered before hardsextube.com was.

                                                                                                      This is just a shitty situation, because I can totally sympathize with hardsextube.com owner here. I'm almost positive he was in no way intending to infringe on any trademarks. In fact, his site seems to have been live long before Shap's was even if Shap's was registered first.

                                                                                                      It probably doesn't help that the owner of hardsextube.com is responding with things like "The law is the law" and "DMCA" to people.

                                                                                                      How do domain disputes really work? Do they question if a trademark will hold up in court? I would expect it's simpler than that. I wouldn't be too surprised if Shap could win in a domain dispute.

                                                                                                      If everything is as it appears and his domain registration and trademark both predate hardsextube.com then that might just be enough. It's possible that what hardsextube.com would have to do is first challenge the Trademark, then respond to the domain dispute that the trademark had been quashed and thus argue Shap has no recourse.

                                                                                                      I don't know though, I'm just thinking out loud.
                                                                                                      Last edited by WarChild; 03-02-2009, 07:16 PM.
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