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Twistys banged my mother.
» AIM: slapdotted
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» ICQ: 190444Comment
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I have not the desire to speak hypothetically more than has already occurred. However, this is purely an assumption you are making. While I acknowledge that it was a creative brand and trademark in concept, I also stated that such a matter would subject to our legal review, client perspective and ultimately to be weighed in with our executive opinion on the matter.
My perspective always begins with an appreciation for our client as we have a fantastic family of them. The voracity with which MojoHost as a company fights for it's clients large and small, gratis, is tenacious. We've done it many times over. In principle, we are pleased to "fight the good fight", regardless of cost or expectation of outcome. Even on GFY, I believe this is something everyone can agree on.
Our response in such a hypothetical situation would be prudent to the extent it would be my expectation both client and complaining party respect our action, even if they disagree with it. At the end of the day, we are a hosting company committed to best efforts protecting the interests of our collective clientele and also to governing authority in it's various incarnations.
Wikipedia needs some updating! Clearly, they should talk to my mom and ask her what a "tube" is.
This is an educational read on the trademarks, for sure.
G'nite!
BradPresident at MojoHost | brad at mojohost dot com | Skype MojoHostBrad
71 industry awards for hosting and professional excellence since 1999
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President at MojoHost | brad at mojohost dot com | Skype MojoHostBrad
71 industry awards for hosting and professional excellence since 1999
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I have to agree with you on this.
A lot of people lately seem to think they can bully people around with there power and money and attorneys and they are just blowing smoke.
If shap or someone wants to really sue someone and fight them they better be ready to one day possibly have to deal with someone like me sooner or later that will make your life a living hell and make it impossible to run a business if you piss someone like me off.
Many have tried it with me and lost.
Shit I just had a agent threaten me and I told him bring it I will have so many county and government officials at his door he wont know where to throw his money. Just this morning I just a Cease and Desist letter and laughed at them and asked them how far they really wanted to take it.
Don?t fuck with peoples bread and butter is the moral of the story!
Back off shap or you might just end up having to man up one day with someone like me and you will lose bad. Just a word of advice
You are so powerful my screen flickers when scrolling past your post.HomemadeVideoPass.com - High converting Homemade mega site!
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i think we have a situation herebest host: Webair | best sponsor: Kink | best coder: 688218966 | Go Fuck Yourself
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I guess you will be "taking down" paypal next ... am i right? after trying to use them with adult
.. you are my hero for sureComment
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Didnt realise there was an income meter beside our names
If you are guessing incomes maybe your guessing criteria is faulty
Most people who "attack" people online aren't really in customer relations or care about their opinions reflecting poorly on their business.
Show me 10 ceo's public stance on abortion ? aint gonna happen it would be silly to alienate everyone else.
p.s.s. all the rich lippy program owners and affiliates wait till page 6
hatisblack at yahoo.comComment
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Didn't a bunch of guys show up a studio to fight you and you wouldn't come outside? With justdavexxx?
Nothing wrong with not wanting to fight, it's ignorant. But don't talk mad bullshit after something like that happens about how dangerous you are.Comment
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The greed is strong in this thread.agentGFY *at* gmail.comComment
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What page is this?Didnt realise there was an income meter beside our names
If you are guessing incomes maybe your guessing criteria is faulty
Most people who "attack" people online aren't really in customer relations or care about their opinions reflecting poorly on their business.
Show me 10 ceo's public stance on abortion ? aint gonna happen it would be silly to alienate everyone else.
p.s.s. all the rich lippy program owners and affiliates wait till page 6
Why would anyone with half a brain in this industry (I'm excluded because once again I have drank too much. But I have an excuse this time because I am in LA.) post in this thread? Just to have to put up with the rhetoric?
You have one guy in this industry that is willing to open up to people. As a result he has to put up with a bunch of bullshit from mostly insignificant people. It's fine to have an opinion on a subject, but don't chastise someone because it is different than yours.
Maybe I'm just partial to the fact that most people on here that attack others, whether they are right or wrong, are unidentifiable. It's no wonder why serious business doesn't get accomplished here anymore. It's like watching the retards that are staunch behind the democrats or republicans spew off about one thing or another politically.
Ignorance is bliss.Understand the business before you open your mouth.Comment
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everyone knows about nissan.com as it's been going on for years, timeline pic for you MatykoComment
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Your lawyer should've talked to your PR guy before you decided to try to pull the stupidest shit ever Shap. If january was a "record month" why are you desperately trying to scam other webmasters out of their domains.SupComment
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Is this a contest thread? Did I win?
Looking for Opportunity!Comment
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There is a difference between sex and hardsex right? Following that line of reasoning one isn't infringing on another. It's like cheese. If someone owns the rights to American cheese, does he own the right to cheddar too? Because you can't own the right to "cheese" because it's too popular. Following that line of reasoning sex tube compared to hardsex tube is comparing American and cheddar. Both can exist in the same medium. This won't go far, but let the tubes "duke" it out.
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because his lawyer told him to, and it seems Shap no longer have the ability to think for himself, or deside when to/not to follow the ADVICE a lawyer gives him.
Fuck Shap and Fuck twisty. First they deside to buy bannerspace on contentviolating tubesites, and now they try and steal a domain from a webmaster. Shap - what changed you from a honest webmaster in to the cunt you are now? is it greed?
I cant tell you how happy I am I dident go forward and developed that TopNakedness.com domain as planned, because their lawyer would most likely also ask for that domain, because it contained a "T" as in "Twisty"Comment
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Shap has sextube.com trademarked, that means everyone with a .com name will be getting a letterSupComment
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But they say they had the TM before Twistys so how the fuck do you think you can take the name off them. This is kinda like reverse highjacking, Twistys lose and look like a fool to even try to kill the competition in this manner.VPS 1 - 1.5 GB RAM, 10 GB SSD - 11.88 euro/year
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TwistysSexTube.com and TwistysGayTube.com are available to reg if anyone wants to have some fun with them
VPS 1 - 1.5 GB RAM, 10 GB SSD - 11.88 euro/year
VPS 2 - 4 GB RAM, 40 GB SSD - 60 euro/year
Alexhost.com - your access to the best hosting services VPS.Comment
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your analogy is wrong - hardsex isn't a term on its own - taking 'cheese' as the generic common word and making an analogy to this debate here - if there was a cheese store called 'CheeseHouse.com' with a trademark on it somebody who registered 'CheddarCheeseHouse.com' would be infringing on it.There is a difference between sex and hardsex right? Following that line of reasoning one isn't infringing on another. It's like cheese. If someone owns the rights to American cheese, does he own the right to cheddar too? Because you can't own the right to "cheese" because it's too popular. Following that line of reasoning sex tube compared to hardsex tube is comparing American and cheddar. Both can exist in the same medium. This won't go far, but let the tubes "duke" it out.
trademarks and patents are given out too easily and create messes like this. I think YouTube.com has an issue with anybody who runs a video site similar in style to theirs with a domain that includes the word 'tube'. Trademarks also have a lot to do with when you put the trademark into actual use/commerce and what the use is. Just because you registered a trademark before somebody else doesn't mean you aren't infringing - Shap admits that Sextube.com was registered before YouTube became what it is. Tube has a tv/video connotation - it was probably registered as a potential paysite name or MGP.
who knows - it's harder to feel sorry for this guy because from what people are saying he's running an illegal content style tube site.I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!Comment
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...funny thing is Twistys videos are all over the web, go to any illegal tube site and bingo. Their content is prob. one of the most shared, there are mega threads of their stuff on oodles of forums.
Going after these domains might bite you in the ass...
About 7 years ago I fought with eBay concerning their TM, they try and go after any domain with "bay" in it, after many emails back and forth they finally gave up, never heard from them again.
If you get an email from Twistys about your domain dont give it to them, stand up and fight. They prob. know damn well that they are picking at straws, desperation has set in?VPS 1 - 1.5 GB RAM, 10 GB SSD - 11.88 euro/year
VPS 2 - 4 GB RAM, 40 GB SSD - 60 euro/year
Alexhost.com - your access to the best hosting services VPS.Comment
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http://www.google.com/trends?q=sex+tube
Surfers were searching for the term "sex tube" well before sextube.com was much of anything. Its a generic term Shap, you didn't inspire the world to start searching for itSupComment
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Re: Nissan.com
They have some pitbull and spitefull lawyers LOL.
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JANUARY - 2008, Motion For Attorneys' Fees.
Nissan Motor has been unrelenting in its lawsuit against us and despite that they lost; they subsequently filed a motion asking the court to award them millions of dollars in attorneys' fees.
FEBRUARY - 2008, Ruling on Attorneys' Fees and Final Judgment.
The court has issued a Ruling (PDF) addressing these remaining issues:
1. Nissan Motor is NOT entitled to attorneys' fees.
2. Nissan Computer is entitled to cost under rule 68.
The court ordered NMC to pay $58,000 as cost under rule 68, this is less then 2% of what the cost was to defend this case.
You would think this case is over..... but it really isn't.
This is where the Lawyers really get dirty.....
MARCH - 2008 Nissan Motor's trademark registration.
Nissan Motor is attempting to obtain a Federal Trademark Registration for computers and computer peripherals among other classes of goods and services. We feel that Nissan Motor, in this action, is staging a future case against us in the computer and peripherals market.
We are left with no other course of action but to oppose this registration.MagnusComment
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Twistys being target of many people here from gfy...I'm just a newbie.Comment
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Yeah I highly doubt they actually sue anyone, maybe someone but not all. The RIAA used scare tactics like this although most of who they accused were guilty. Still they only sued a very small portion compared to all the letters they sent out.
Directv did the same thing. They got the names of people buying card readers and sent a letter to every one of them. Yet they only sued a very small amount of those people.
As for the hardsextube owner... He's in Hungary so they(twistys/shap) may actually have to go there to sue him. I'd be amazed if anyone at twistys would be willing to go there for court or their lawyers.
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WOW and it still goes on.Comment
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Bump just because I think all the JR lawyers are funny...
People bitch all day long about how bad some of these tubes are for the industery and that someone big with cash should do something...
Then when someone takes action against them
(sure in this case its base on trade mark)
But it is action that will take a tube with stolen/questionable content down...
And what do people do... side with the tube with the stolen content..
At the end of the day all that is going on here is that a company is exercising its legal rights to its trade mark... if they win or fail its not up to GFY...
As for it being morally wrong based only on the fact that they have cash and that the site owner put lots of hard work into the site..
(hard work that includes building a site/traffic off of other peoples content)
I wonder if stolencontenttube.com has been taken yet..
Oh and for the people that think Brad was wrong thinking "TUBE" refers to TV and boob-tube.. you posted a wiki link .. tread it..
"Media * Slang for television"
http://en.wikipedia.org/wiki/Boob_tube
As for why is Porno tube all over wikipedia.. maybe they add themselves to relevant terms.. errr...Comment
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If you'd read more than a few post you would've seen other post like this one...
"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."
twistys also admitted to having affiliates that run sites full content they probably don't own.Comment
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Page 10, wowzas!Comment
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hhehehehe..
This thread is a good example, on how the reputation built on 10 years, can dissapear in a matter of seconds...
Shap's reputation was completely ruined. Nobody will ever make business with him again.. And if they do, they are complete idiots and they deserve to fail.Comment
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Last edited by arock10; 03-03-2009, 09:38 AM.SupComment
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I'm not going to get into a keyboad war over this as I don't send Shap traffic nor do biz with them nor do I have any affected domains..
Morally right or wrong has nothing to do with the legal side of this...
Morally I think its wrong... as people have put time and energy into their sites..
Legally it his trademark and he has the right to do as he wishes with it...
This is not the first time someone goes after their trade mark.. I just want to see how it all pans out...
I just think its funny that some of the same people wanting someone to do something about content theft on tubes are backing a a site that went out of its way to rip off content...
If this was redtube going after the same thing would people still be up in arms? maybe yes maybe no..
Anyways I have work to do.. and GFY is just sucking up time...Comment
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Actually, I wouldn't bother with a cease and desist. All I would have to do is file a UDRP or WIPO case, pay my $1500 for one panelist for up to 5 domains, and you would lose all those domains because the trademark predates your registration and you clearly registered them in bad faith.
Fuck me, this thread is so full of fail and innernet tough guys it's not even funny. If you never owned a trademark, or if your mark has expired, you've got fuck all.
This isn't rocket science people, it's pretty cut and dried. Twisty's can take buddy to UDRP or WIPO arbitration, pay $1,500 for one panelist, or $4,000 for three and run a case for up to 5 domains or more if they want to pay a few extra bucks. Both sides then present their evidence and the panel decides. The winner gets to keep the domain(s) barring any further legal action in the courts.
In this case it would appear to be a simple case of reverse hijacking on Twisty's part, as from what I have read the domain registration predates any TM. However, stranger things have happened at WIPO hearings (look up the WIPO case for knot.com, probably one of the worst decisions ever), so both parties have the option of taking the case to court after the fact if either one of them feels they were wronged.
Every WIPO decision that has ever taken place, and there are dozens every day, is online for you to search. You'll see that most of you are talking complete shit with all your chest thumping "send me your C&Ds" "I'll whup your ass" "I'm not scared of you" bullshit.
This isn't fucking 1996. This was all sorted out a long time ago. Name squatting, typosquatting, registrations of existing marks... there are mechanisms in place that protect against this kind of activity and there's not a damn thing you can do to stop someone from taking a domain that has their mark in it, as long as you registered it after the mark was in place. As soon as a WIPO case is filed, the registrar is contacted and they freeze the domain to lock it in place until a decision is handed down.Comment
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