Twistys abusing ICANN policies and pushing people around?

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  • Brujah
    Beer Money Baron
    • Jan 2001
    • 22157
    #501
    Originally posted by PAR
    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...
    This isn't a content theft issue. Apples and oranges.

    This is an issue of abusive trademark and domain rights. Maybe even selective enforcement. Definitely the pot calling the kettle black with Shap knowingly infringing on the trademarks of others, which is something hdkiller did not do.

      Comment

      • Juicy D. Links
        So Fucking Banned
        • Apr 2001
        • 122992
        #502
        i cant read all 10 pages but i would like to say that I am str8 and love woman

          Comment

          • arock10
            Confirmed User
            • Jan 2006
            • 6217
            #503
            It has nothing to do with hardsextube.com, content theft, or whatever

            Its is "Sex tube" a generic term or not and if it is a generic term you cant pull this copyright bullshit. Hence the graphs above stating people were looking for sex tubes a long time before sextube.com was made or even TMed

            You may laugh now, but if shap gets away with this, what domains are next? It could be yours and then you lose it, possibly along with a hefty chunk of your income
            Last edited by arock10; 03-03-2009, 09:54 AM.
            Sup

              Comment

              • arock10
                Confirmed User
                • Jan 2006
                • 6217
                #504
                Thar gonna take our landdddssss
                Sup

                  Comment

                  • JFK
                    FUBAR the ORIGINATOR
                    • Jan 2002
                    • 67369
                    #505
                    Originally posted by Juicy D. Links
                    i cant read all 10 pages but i would like to say that I am str8 and love woman
                    would some pictures help ?

                    FUBAR Webmasters - The FUBAR Times - FUBAR Webmasters Mobile - FUBARTV.XXX
                    For promo opps contact jfk at fubarwebmasters dot com

                      Comment

                      • Shap
                        Confirmed User
                        • May 2001
                        • 8313
                        #506
                        Originally posted by Fatbat
                        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.
                        I agree with you. Except our domain, trademark and use all predate the site in question.

                          Comment

                          • alias
                            aliasx
                            • Apr 2001
                            • 19010
                            #507
                            Originally posted by arock10
                            It has nothing to do with hardsextube.com, content theft, or whatever

                            Its is "Sex tube" a generic term or not and if it is a generic term you cant pull this copyright bullshit. Hence the graphs above stating people were looking for sex tubes a long time before sextube.com was made or even TMed

                            You may laugh now, but if shap gets away with this, what domains are next? It could be yours and then you lose it, possibly along with a hefty chunk of your income
                            ^
                            https://porncorporation.com

                              Comment

                              • Lamis
                                So Fucking Banned
                                • Sep 2007
                                • 961
                                #508
                                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

                                  • Brujah
                                    Beer Money Baron
                                    • Jan 2001
                                    • 22157
                                    #509
                                    I'd hate to be the guy that pays thousands for some generic __keyword__sextube.com domain names. Not because he was wrong, but because he'll have to deal with this bullshit.

                                      Comment

                                      • cess
                                        Confirmed User
                                        • Sep 2006
                                        • 2921
                                        #510
                                        Originally posted by Fatbat
                                        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.
                                        That's funny because the first link for "wipo case" in google is...

                                        http://www.wipo.int/amc/en/domains/d...2008-0230.html

                                        I'm not gonna read that whole thing. But it looks like drugstore.com went after drugstoretm.com .

                                        8. Decision

                                        For all the foregoing reasons, the Complaint is denied.

                                          Comment

                                          • slavdogg
                                            Confirmed User
                                            • Jan 2001
                                            • 3570
                                            #511
                                            shap
                                            dont overplay your hand
                                            there is nothing thats stopping someome from canceling your descriptive trademark


                                            ps. not a threat of any sort, just a friendly advice
                                            Adult Traffic for Sale

                                              Comment

                                              • Shap
                                                Confirmed User
                                                • May 2001
                                                • 8313
                                                #512
                                                Originally posted by slavdogg
                                                shap
                                                dont overplay your hand
                                                there is nothing thats stopping someome from canceling your descriptive trademark


                                                ps. not a threat of any sort, just a friendly advice
                                                Thanks Slav. I have to hit you up about some business as well. I appreciate the advice! I know you know more than probably anyone on these matters

                                                  Comment

                                                  • CaptainHowdy
                                                    Too lazy to set a custom title
                                                    • Dec 2004
                                                    • 94172
                                                    #513
                                                    Originally posted by ExtremeBank_Adam
                                                    I envy you...

                                                      Comment

                                                      • Brujah
                                                        Beer Money Baron
                                                        • Jan 2001
                                                        • 22157
                                                        #514
                                                        I predict this thread disappears. Someone should definitely save it, archive it, if they have any tube domains.

                                                          Comment

                                                          • AMDWarrior
                                                            Confirmed User
                                                            • Nov 2006
                                                            • 1484
                                                            #515
                                                            Originally posted by ebus_dk
                                                            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"



                                                            This about sums it up, links fror twisty's have been pulled, fuck twisty's and after reading all this crap fuck that horsecock sucker Micheal, get twisty's balls outta yer mouth ..

                                                              Comment

                                                              • Matt 26z
                                                                So Fucking Banned
                                                                • Apr 2002
                                                                • 18481
                                                                #516
                                                                Wasn't it sex.com that once claimed they had rights to every domain with "sex" in it?

                                                                So SexTube.com claims they have rights to HardSexTube.com. Hypothetically speaking, what if Tube.com was developed and TM'd prior to SexTube.com? Shap, would you just turn over your domain with a developed site on it to them?
                                                                Last edited by Matt 26z; 03-03-2009, 11:10 AM.

                                                                  Comment

                                                                  • Voodoo
                                                                    ♥ ♦ ♣ ♠
                                                                    • Sep 2002
                                                                    • 10600
                                                                    #517
                                                                    Try registering GoogleYouTube.com and see what happens.

                                                                    "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

                                                                      Comment

                                                                      • Shap
                                                                        Confirmed User
                                                                        • May 2001
                                                                        • 8313
                                                                        #518
                                                                        Originally posted by Matt 26z
                                                                        Wasn't it sex.com that once claimed they had rights to every domain with "sex" in it?

                                                                        So SexTube.com claims they have rights to HardSexTube.com. Hypothetically speaking, what if Tube.com was developed and TM'd prior to SexTube.com? Shap, would you just turn over your domain with a developed site on it to them?
                                                                        I'd have to fight for my domain. I believe if someone had TM'd Tube prior to SexTube they would have filed opposition against us when we filed our TM.

                                                                          Comment

                                                                          • KillerK
                                                                            Confirmed User
                                                                            • May 2008
                                                                            • 3406
                                                                            #519
                                                                            Youtube is what made domains with the word TUBE in them popular. Prior to that MOVIES or CLIPS in them were for movies. Youtube made the embedded flash synonymous for the word TUBE.

                                                                            I've lost a lot of respect for you going after this guy. Sex Tube is a generic term just like Porn Tube would be.

                                                                              Comment

                                                                              • Voodoo
                                                                                ♥ ♦ ♣ ♠
                                                                                • Sep 2002
                                                                                • 10600
                                                                                #520
                                                                                This may clear some things up:

                                                                                1. If the mark is used "In The Same Way", it can be viewed as infringing.
                                                                                2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
                                                                                3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
                                                                                4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
                                                                                5. The example of Sex.com, goes back to #3. You can't have Sex?.
                                                                                6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
                                                                                7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
                                                                                8. SexTube? is a valid mark.
                                                                                9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
                                                                                10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
                                                                                11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
                                                                                12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

                                                                                Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.

                                                                                "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

                                                                                  Comment

                                                                                  • Tjeezers
                                                                                    Webmaster
                                                                                    • Mar 2007
                                                                                    • 16605
                                                                                    #521
                                                                                    boring bump
                                                                                    www.Tjeezers.cam

                                                                                      Comment

                                                                                      • Voodoo
                                                                                        ♥ ♦ ♣ ♠
                                                                                        • Sep 2002
                                                                                        • 10600
                                                                                        #522
                                                                                        Originally posted by Voodoo
                                                                                        This may clear some things up:

                                                                                        1. If the mark is used "In The Same Way", it can be viewed as infringing.
                                                                                        2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
                                                                                        3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
                                                                                        4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
                                                                                        5. The example of Sex.com, goes back to #3. You can't have Sex?.
                                                                                        6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
                                                                                        7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
                                                                                        8. SexTube? is a valid mark.
                                                                                        9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
                                                                                        10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
                                                                                        11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
                                                                                        12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

                                                                                        Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.
                                                                                        NOTE: I'm only speaking about the MARK itself. I'm not talking about prior use or anything.

                                                                                        "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

                                                                                          Comment

                                                                                          • RogerV
                                                                                            Banned!
                                                                                            • Jul 2002
                                                                                            • 12591
                                                                                            #523
                                                                                            Originally posted by Shap
                                                                                            I'd have to fight for my domain. I believe if someone had TM'd Tube prior to SexTube they would have filed opposition against us when we filed our TM.
                                                                                            Remember that advise you gave me? now you understand how I felt your not going to win over the GFY mob.

                                                                                            a few people sent me this thread I cant even believe how many pages it is and your still posting.

                                                                                            good luck with it. This is why I dont even bother with GFY to many anons

                                                                                            you know how it is when your on top everyone guns for you

                                                                                              Comment

                                                                                              • arock10
                                                                                                Confirmed User
                                                                                                • Jan 2006
                                                                                                • 6217
                                                                                                #524
                                                                                                Sex Tube is a brand as much as Sex Movies is or XXX Clips.
                                                                                                Sup

                                                                                                  Comment

                                                                                                  • Shap
                                                                                                    Confirmed User
                                                                                                    • May 2001
                                                                                                    • 8313
                                                                                                    #525
                                                                                                    Originally posted by Voodoo
                                                                                                    This may clear some things up:

                                                                                                    1. If the mark is used "In The Same Way", it can be viewed as infringing.
                                                                                                    2. His mark is "SexTube", not "Sex" & "Tube". Example: http://www.googleit.com (You'd think this would be an issue, no, by the domain alone... but it is not.)
                                                                                                    3. You cannot ? dictionary words, which "Tube" is a dictionary word considered to be fair use, and unmarkable as it is a "Generic" term.
                                                                                                    4. HardSEXTUBE.com DOES have his mark IN IT. If it were used as Hards ExTube, it's a different story, but Hard Sex Tube would infringe. Just as you can't use DisneyTube.com or PepsiTube.com.
                                                                                                    5. The example of Sex.com, goes back to #3. You can't have Sex?.
                                                                                                    6. Remember BananaClaire's issue with XXXBizClaire? (It contains the mark "XBiz" in the name... as would XXXBiz)
                                                                                                    7. http://tess2.uspto.gov/bin/gate.exe?...002:fp6jkm.1.1 (Try to find a dictionary word in the USPTO DB that has been successfully trademarked.
                                                                                                    8. SexTube? is a valid mark.
                                                                                                    9. The entire purpose of a Trademark is to protect your brand from infringement from others, and to show that you have ownership of said mark. If any Joe Blow could just register any domain he/she wanted regardless of trademarks, what would be the purpose of registering them? The ICANN registry has clear rules regarding trademark violations.
                                                                                                    10. YouTube? is the mark. You cannot go register YouTubes.com, iYouTube.com, YouTubeXXX.com etc... Just as you can't register YouSexTube.com or SexYouTube.com.
                                                                                                    11. The TM opposition period is open for ANYONE who believes the soon-to-be-registered mark infringes on their existing mark. ie... If you own ExTube.com, and SexTube.com goes up for opposition, if you have an issue with it and think it may cause "Brand Conrfusion", then you must oppose the registration of the mark and go to mediation to explain your case.
                                                                                                    12. The KEY POINT is that if the owner of a mark believes someone else's use of a similar mark may cause brand confusion, being in the same industry or market using similar or the same mark, it would need to be reviewed to figure out who has actual ownership and prior / first use of said mark.

                                                                                                    Just some tips. I didn't read this entire thread, but these topics seem to be convoluted with loads of incorrect information.
                                                                                                    your post will be ignored and discounted because it doesn't support their argument.

                                                                                                      Comment

                                                                                                      • Shap
                                                                                                        Confirmed User
                                                                                                        • May 2001
                                                                                                        • 8313
                                                                                                        #526
                                                                                                        Originally posted by RogerV
                                                                                                        Remember that advise you gave me? now you understand how I felt your not going to win over the GFY mob.

                                                                                                        a few people sent me this thread I cant even believe how many pages it is and your still posting.

                                                                                                        good luck with it. This is why I dont even bother with GFY to many anons

                                                                                                        you know how it is when your on top everyone guns for you
                                                                                                        I'm better at giving advice than living by it. I felt your pain that night because I know I always get reeled in and torched.

                                                                                                          Comment

                                                                                                          • PAR
                                                                                                            Confirmed User
                                                                                                            • May 2005
                                                                                                            • 1835
                                                                                                            #527
                                                                                                            Originally posted by Brujah
                                                                                                            This isn't a content theft issue. Apples and oranges.

                                                                                                            This is an issue of abusive trademark and domain rights. Maybe even selective enforcement. Definitely the pot calling the kettle black with Shap knowingly infringing on the trademarks of others, which is something hdkiller did not do.
                                                                                                            Right and those people can at anytime contact him and ask him for the URL's
                                                                                                            No one person has asked him to.. nor do we know if over the years other deals were not made.. That would be assuming that anyone else other then Shap knows how and what deals were made for the URL's in question.. Without this info it is mere assumptions.
                                                                                                            So to me its a mute point.. Until someone steps up and post that they have no deal in place... 10+ pages later and still nothing...

                                                                                                            As for is this about content theft or not..
                                                                                                            Ya ok so the main point not I do agree with that I just get pissed when I see it happening and like anything that removes it..
                                                                                                            But as the main point is about copy right/TM and when looking at it for what it is..
                                                                                                            It being a legal issue and not a moral one and looking at it in only that light then let the courts rule on it..

                                                                                                            A secondary sub-point is the content theft.. Fine maybe that should be left to a dif thread.. so I will STFU about it in here...

                                                                                                            This all said I've already posted that morally I don't agree... As I feel for the webmasters.. and would hate for it to happen to me..

                                                                                                            But legally I do see that Shap is in his full rights to protect and enforce his TM.. I'm not him and I don't work for him so I will not even try to tell someone else what they should do with their TM... Nor try to place my morals on someone else who is doing things legally with their TM and Biz.. So I say send it to legal.. let the courts etc work it out.. or try to workout a deal...

                                                                                                              Comment

                                                                                                              • cess
                                                                                                                Confirmed User
                                                                                                                • Sep 2006
                                                                                                                • 2921
                                                                                                                #528
                                                                                                                Originally posted by PAR
                                                                                                                Right and those people can at anytime contact him and ask him for the URL's
                                                                                                                It's still breaking the law. It makes no difference if you're just willing to give them up when someone ask, the law has been broken already.

                                                                                                                The content theft issue makes no difference. Just because one bad webmaster will lose his domain when who knows how many legit webmasters will lose their domain doesn't some how make it right. If it was just this one domain no one would care, that's been said before more than once in this thread.

                                                                                                                  Comment

                                                                                                                  • Slappin Fish
                                                                                                                    Confirmed User
                                                                                                                    • Jul 2007
                                                                                                                    • 2512
                                                                                                                    #529
                                                                                                                    Originally posted by Shap
                                                                                                                    your post will be ignored and discounted because it doesn't support their argument.
                                                                                                                    No it will be ignored because he forgets the most important element.

                                                                                                                    You need to prove the respondent had prior knowledge of the trademark and/or registered the domain in bad faith. Without that you have nothing.

                                                                                                                      Comment

                                                                                                                      • Dodge2hot
                                                                                                                        Confirmed User
                                                                                                                        • Sep 2005
                                                                                                                        • 197
                                                                                                                        #530
                                                                                                                        Originally posted by Shap
                                                                                                                        We are open to working with everyone. We aren't out to fuck anyone over
                                                                                                                        Thats BS. If you weren't out to fuck anyone over, you wouldn't be trying to Steal people fucking domains. Your using your money to bully the smaller guy than can't afford a $1200+/hr lawyer.

                                                                                                                        Anyway you put it, you are fucking the little guys over. I can't beleive people still promote your sorry asses after all the other shit you've pulled.
                                                                                                                        Sexy N Nude

                                                                                                                          Comment

                                                                                                                          • Britceleb
                                                                                                                            Confirmed User
                                                                                                                            • Mar 2008
                                                                                                                            • 119
                                                                                                                            #531
                                                                                                                            Originally posted by Slappin Fish
                                                                                                                            No it will be ignored because he forgets the most important element.

                                                                                                                            You need to prove the respondent had prior knowledge of the trademark and/or registered the domain in bad faith. Without that you have nothing.
                                                                                                                            Who says? How can you prove someone had prior knowledge of the TM? What if I were to say I never heard of youtube.com before and I registered iyoutube.com they would have to somehow prove I had prior knowledge of it?

                                                                                                                            I have gone through this before and it can be a lengthy process. I am not agreeing with either side but from what I read Shap does have a great case IMHO

                                                                                                                              Comment

                                                                                                                              • alias
                                                                                                                                aliasx
                                                                                                                                • Apr 2001
                                                                                                                                • 19010
                                                                                                                                #532
                                                                                                                                Fuck just bump this whore to 10k for the hell of it then let it die, hopefully other things can be laid to rest as well.. .
                                                                                                                                https://porncorporation.com

                                                                                                                                  Comment

                                                                                                                                  • Slappin Fish
                                                                                                                                    Confirmed User
                                                                                                                                    • Jul 2007
                                                                                                                                    • 2512
                                                                                                                                    #533
                                                                                                                                    Originally posted by Britceleb
                                                                                                                                    Who says? How can you prove someone had prior knowledge of the TM? What if I were to say I never heard of youtube.com before and I registered iyoutube.com they would have to somehow prove I had prior knowledge of it?

                                                                                                                                    I have gone through this before and it can be a lengthy process. I am not agreeing with either side but from what I read Shap does have a great case IMHO
                                                                                                                                    Who says? WIPO UDRP says.

                                                                                                                                    A TM does not automatically give you rights over a domain name.

                                                                                                                                    If the complainant can't prove the domain was registered in bad faith it usually doesn't go much further, look up recent arbitration decisions: arena.com ashley.com jumpro.com FullTerm.com pokerhost.net...

                                                                                                                                    I also know the process, for having been on the receiving end of a corporate bully.

                                                                                                                                      Comment

                                                                                                                                      • Shap
                                                                                                                                        Confirmed User
                                                                                                                                        • May 2001
                                                                                                                                        • 8313
                                                                                                                                        #534
                                                                                                                                        Originally posted by Slappin Fish
                                                                                                                                        Who says? WIPO UDRP says.

                                                                                                                                        A TM does not automatically give you rights over a domain name.

                                                                                                                                        If the complainant can't prove the domain was registered in bad faith it usually doesn't go much further, look up recent arbitration decisions: arena.com ashley.com jumpro.com FullTerm.com pokerhost.net...

                                                                                                                                        I also know the process, for having been on the receiving end of a corporate bully.
                                                                                                                                        In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?

                                                                                                                                          Comment

                                                                                                                                          • Slappin Fish
                                                                                                                                            Confirmed User
                                                                                                                                            • Jul 2007
                                                                                                                                            • 2512
                                                                                                                                            #535
                                                                                                                                            Originally posted by Shap
                                                                                                                                            In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?
                                                                                                                                            If they had prior knowledge of the complainants trademark they have no chance

                                                                                                                                              Comment

                                                                                                                                              • Brujah
                                                                                                                                                Beer Money Baron
                                                                                                                                                • Jan 2001
                                                                                                                                                • 22157
                                                                                                                                                #536
                                                                                                                                                Originally posted by Shap
                                                                                                                                                In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?
                                                                                                                                                You don't have to answer, but this has me wondering...

                                                                                                                                                How would they have been notified prior to registration of a domain? If I were going to register roughsextube.com for example a week ago before all this stuff came to light, how would you know to notify me? I probably wouldn't have even known myself that at a moments notice I would register the name. You'd have to be psychic.

                                                                                                                                                  Comment

                                                                                                                                                  • Killswitch - BANNED FOR LIFE
                                                                                                                                                    #537
                                                                                                                                                    Originally posted by Shap
                                                                                                                                                    In a case where someone is notified that a trademark exists and they register the domain anyhow. Would you say that is in bad faith?
                                                                                                                                                    Prove that he registered it AFTER you sent him a letter saying "Hey, I heard you were thinking of buying hardsextube.com through my guy who can read minds, don't do it, I have it trademarked.".

                                                                                                                                                      Comment

                                                                                                                                                      • Shap
                                                                                                                                                        Confirmed User
                                                                                                                                                        • May 2001
                                                                                                                                                        • 8313
                                                                                                                                                        #538
                                                                                                                                                        Originally posted by Brujah
                                                                                                                                                        You don't have to answer, but this has me wondering...

                                                                                                                                                        How would they have been notified prior to registration of a domain? If I were going to register roughsextube.com for example a week ago before all this stuff came to light, how would you know to notify me? I probably wouldn't have even known myself that at a moments notice I would register the name. You'd have to be psychic.
                                                                                                                                                        Let's say you had brujahsextube and i notified you of our trademark? then you registered 5 more sextube domains after you received and acknowledged that email. That is what I was referring to.

                                                                                                                                                          Comment

                                                                                                                                                          • Voodoo
                                                                                                                                                            ♥ ♦ ♣ ♠
                                                                                                                                                            • Sep 2002
                                                                                                                                                            • 10600
                                                                                                                                                            #539
                                                                                                                                                            Originally posted by Shap
                                                                                                                                                            your post will be ignored and discounted because it doesn't support their argument.
                                                                                                                                                            I was just simply stating and clarifying how the isolated MARK itself would be infringed on by any ___sextube.com domains, as a black & white issue. Nothing to do with prior use or domain rights.

                                                                                                                                                            "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

                                                                                                                                                              Comment

                                                                                                                                                              • u-Bob
                                                                                                                                                                there's no $$$ in porn
                                                                                                                                                                • Jul 2005
                                                                                                                                                                • 33063
                                                                                                                                                                #540
                                                                                                                                                                Originally posted by Sands
                                                                                                                                                                I just regged essextube.com

                                                                                                                                                                  Comment

                                                                                                                                                                  • seeandsee
                                                                                                                                                                    Check SIG!
                                                                                                                                                                    • Mar 2006
                                                                                                                                                                    • 50945
                                                                                                                                                                    #541
                                                                                                                                                                    i really think to jump form rooftop
                                                                                                                                                                    BUY MY SIG - 50$/Year

                                                                                                                                                                    Contact here

                                                                                                                                                                      Comment

                                                                                                                                                                      • polish_aristocrat
                                                                                                                                                                        Too lazy to set a custom title
                                                                                                                                                                        • Jul 2002
                                                                                                                                                                        • 40377
                                                                                                                                                                        #542
                                                                                                                                                                        I'm watching some japanese porn on hardsextube.com now

                                                                                                                                                                        http://www.hardsextube.com/video/138063/ASIAN-Hot.Jam
                                                                                                                                                                        I don't use ICQ anymore.

                                                                                                                                                                          Comment

                                                                                                                                                                          • Ethersync
                                                                                                                                                                            Confirmed User
                                                                                                                                                                            • Mar 2008
                                                                                                                                                                            • 5289
                                                                                                                                                                            #543
                                                                                                                                                                            Might as well post this here too...

                                                                                                                                                                            Originally posted by Shap
                                                                                                                                                                            In November 2006 we started actively using SexTube.com
                                                                                                                                                                            Here is SexTube.com in November of 2006



                                                                                                                                                                            Originally posted by Shap
                                                                                                                                                                            In December 2006 we launched SexTube.com tube site.
                                                                                                                                                                            Here is what SexTube.com looked like until mid-December of 2006.
                                                                                                                                                                            "The Largest Adult DVD Download Site"

                                                                                                                                                                            The best ePassporte replacement I have found: OKPAY

                                                                                                                                                                              Comment

                                                                                                                                                                              • Shap
                                                                                                                                                                                Confirmed User
                                                                                                                                                                                • May 2001
                                                                                                                                                                                • 8313
                                                                                                                                                                                #544
                                                                                                                                                                                Ethersync I'm glad you spend your valuable time on me. Thanks. It warms my heart.

                                                                                                                                                                                  Comment

                                                                                                                                                                                  • Ethersync
                                                                                                                                                                                    Confirmed User
                                                                                                                                                                                    • Mar 2008
                                                                                                                                                                                    • 5289
                                                                                                                                                                                    #545
                                                                                                                                                                                    HardSexTube.com was live before you even started accepting video uploads.

                                                                                                                                                                                    "We have completely sold out all upload accounts. New accounts will be available soon."

                                                                                                                                                                                    April 2007

                                                                                                                                                                                    Edit: You did not accept user uploads at all in 2007...

                                                                                                                                                                                    Last edited by Ethersync; 03-03-2009, 03:58 PM.
                                                                                                                                                                                    The best ePassporte replacement I have found: OKPAY

                                                                                                                                                                                      Comment

                                                                                                                                                                                      • Shap
                                                                                                                                                                                        Confirmed User
                                                                                                                                                                                        • May 2001
                                                                                                                                                                                        • 8313
                                                                                                                                                                                        #546
                                                                                                                                                                                        Originally posted by Ethersync
                                                                                                                                                                                        HardSexTube.com was live before you even started accepting video uploads.

                                                                                                                                                                                        "We have completely sold out all upload accounts. New accounts will be available soon."

                                                                                                                                                                                        April 2007

                                                                                                                                                                                        Edit: You did not accept user uploads at all in 2007...
                                                                                                                                                                                        Your point is? Read our trademark. It is for the use of "SexTube" as an adult site.

                                                                                                                                                                                          Comment

                                                                                                                                                                                          • Ethersync
                                                                                                                                                                                            Confirmed User
                                                                                                                                                                                            • Mar 2008
                                                                                                                                                                                            • 5289
                                                                                                                                                                                            #547
                                                                                                                                                                                            Then in 2008 you decided to scrap the whole Tube site idea and just make the site a DVD download member site

                                                                                                                                                                                            The best ePassporte replacement I have found: OKPAY

                                                                                                                                                                                              Comment

                                                                                                                                                                                              • Shap
                                                                                                                                                                                                Confirmed User
                                                                                                                                                                                                • May 2001
                                                                                                                                                                                                • 8313
                                                                                                                                                                                                #548
                                                                                                                                                                                                Btw Ethersync I'm just curious. You are showing me some mad love. I appreciate it. Care to let any of us know what you run?

                                                                                                                                                                                                  Comment

                                                                                                                                                                                                  • Ethersync
                                                                                                                                                                                                    Confirmed User
                                                                                                                                                                                                    • Mar 2008
                                                                                                                                                                                                    • 5289
                                                                                                                                                                                                    #549
                                                                                                                                                                                                    Originally posted by Shap
                                                                                                                                                                                                    Care to let any of us know what you run?
                                                                                                                                                                                                    It's immaterial.

                                                                                                                                                                                                    This is not personal. I'm not trolling. I sincerely think what you are trying to do is unethical.
                                                                                                                                                                                                    The best ePassporte replacement I have found: OKPAY

                                                                                                                                                                                                      Comment

                                                                                                                                                                                                      • Shap
                                                                                                                                                                                                        Confirmed User
                                                                                                                                                                                                        • May 2001
                                                                                                                                                                                                        • 8313
                                                                                                                                                                                                        #550
                                                                                                                                                                                                        12 pages. I'm going to send Eric a bill for boosting ad views this week ;)

                                                                                                                                                                                                          Comment

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