11 Pages ..... Really?
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How are they anonymous? Because you don't know who they are personally, they are anonymous? I know of a few names here who are anonymous yet they push big numbers, and probably are some of your top earners, but because they don't flaunt their shit, they are anonymous to you, which in your words, is a nobody that you don't care about.Comment
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Our lawyers have been sending letters for some time now. Hardsextube was not targeted in any way for his traffic. He happened to receive the letter and was vocal about it. Others have not taken this public.I have nothing against you Shap - don't even know you - but you keep avoiding a direct answer to the following question....
now that you set your sights on 'hardsextube', do you now think that you own the rights to ANY domain name that has 'sextube' in it?
simple question, but you duck it - multiple examples have been given for active and non-active sites containing the word 'sextube'
people have a problem with the fact that you are moving against a high traffic site but (for now) are ignoring the others. Either you only want this site and all others get away with it (prejudicial) or you have further plans on taking them all (reverse hijacking on a massive scale)Comment
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You are attempting to steal domains to which you have no rights, regardless of what your lawyers have told you. When you register a generic domain, the trademark does not belong to you. Don't believe me? Try having your lawyers enforce your trademark for "sex tube" and see what happens.
If you had registered "sexblog.com" back in 2000 and trademarked it, guess what, you'd have no right to take away domains with "*adult keyword*sexblog.com" in them. Any attempt to do so would be called "reverse domain hi-jacking."Comment
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Anonymous meaning they have usernames names that say nothing about who they are, they have no site listed, they have no information on their site listed. So they run wild posting on gfy saying whatever they want and feel almighty and powerful because nobody knows who they are. That's what I mean by anonymous.How are they anonymous? Because you don't know who they are personally, they are anonymous? I know of a few names here who are anonymous yet they push big numbers, and probably are some of your top earners, but because they don't flaunt their shit, they are anonymous to you, which in your words, is a nobody that you don't care about.Comment
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How is that possible? Personally i think any trademarks on tube names are BS, simply because the whole thing was ripped off from youtube.Shap I stopped reading the thread after you said you had registered the sextube.com domain before even YouTube. Your position was clear to me then.
Perhaps though with the resolution you mention the 11 pager was a good thing. Sometimes it takes our peers (even if it gets a little brutal) to make us open to trying to really work things out. Also now we all have a good sense of where current passions lie in our community.
Cheers.you don't know you're wearing a leash if you sit by the peg all day..Comment
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I agree there 100%. Anonymous attacks are given way too much credit around here and it's always been that way.Anonymous meaning they have usernames names that say nothing about who they are, they have no site listed, they have no information on their site listed. So they run wild posting on gfy saying whatever they want and feel almighty and powerful because nobody knows who they are. That's what I mean by anonymous.
When Shap has something to say, he stands behind it. Everyone knows who he is and what sites he owns....and that was true even before he started Twistys. That's one of the things I've always liked about him.
Too many people create fake nicks just to start flame wars and/or spread false rumors about their competition. They can't do this with their real name or by letting people know what sites they own and who they work for...or else the reason for their attacks would become obvious. (Think of all the fake nicks in the hosting threads for instance. Someone who works for host A can't say host B sucks using their real name because they wouldn't have any credibility)
That's one of the reasons why "I'm Lenny2 bitch" has been my custom title the entire time I've had this "Snake Doctor" name....because I don't want people to think I'm hiding behind a fake nick.
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That people were searching for "sex tube" well before it was a tube, therefore its a generic term. Which everyone knows anyway
And yea I own a gallery builder, so is it anonymous posters and me the "gallery maker"? I just make galleries for my own sites, none of the typical submitting is involved. Why? For SEO. Take a nice generic domain, build galleries on it to boost page views and its pretty easy to rank for anything.Last edited by arock10; 03-03-2009, 03:46 PM.SupComment
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lets all mind our own business!Comment
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“If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”Comment
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I'm in Brujah's same boat - a domain owner above all, though I'm not in the adult biz myself at all except for selling adult domains. My stance is that tube would technically not be recognized as a generic term meaning video site as of yet, and as such sextube is a legit trademark/brand and they would win based on first usage and first to trademark over hardsextube. Though that then brings up the question of whether or not since every tube site is clearly banking off of the overwhelming popularity of YouTube, could YouTube go after any tube site with You or Tube in their name based on the "confusingly similar" principal and bad faith? Lord knows PornHub would cheer as YouPorn and RedTube get snapped away, lol. Who knows, perhaps big G is waiting for someone else with a tube site and a TM to be the first to try and make a precedent setting case for the term tube not being generic for video site so that they can then march in and have a much easier case to make.
Anyways, MY issue is more with your ownership of typos/TM names of other companies. Whether you were to give them up to the TM/site owners or not in the past, you still have them and seemed to gloss over the ethics of having them. Another example in a different industry off the top of my head is FullTiltPoker - they own all kinds of typos of most other poker sites, and instead of going after owners of typos of their own site, they buy them up instead, which avoids hypocrisy.
Also, from the point of arguing that HardSexTube has illegal content and why anyone would defend them given that, you looked a bit hypocritical with the whole advertising on illegal tube site issue you just went through with people on here. One of the big things that can get on people's nerves are the rich/powerful that believe laws/rules should apply or not apply only when it suits them. We're stuck with an economic mess in the U.S. thanks to big corp execs and politicians like that.
Lastly, as others have indicated, you probably WOULD be better off letting all such sites simply operate as-is anyways because every large "_____SexTube.com" site would give you collateral traffic, and given you're a tube site as well, you could very well end up stealing some of their visitors from that. I realize that goes against the whole point of having a TM, but not every TM owner avidly goes after domains with the TM in them. Some are notorious for doing it (Olympics) and some others rarely if ever do it. It's hard to say given that that not going after a TM-infringing domain would indicate you're not protecting your TM.
Anyways, good luck with the whole situation and hopefully you do work out a deal where both sides are happy. I don't think you were deserving of all the drama the situation attracted, but hopefully now you realize even if you were to have sought out and won the domain, it would be a pyrrhic victory at best...reputation is generally worth more than money.Last edited by PornMD; 03-03-2009, 06:51 PM.Want to crush it in mainstream with Facebook ads? Hit me up.Comment
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Keep your head up high. I honestly don't know the situation but if you believe what you are doing is right, that's all you can really do.
As cheesy as it may sound, at the end of the day, its your life, and if you can live with the outcome of what happens, you will be a better person.If Satan Wore a Hairpeice, there would be HELL TOUPEE!!pbbc fo li
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I really don't think it would win in court but I guess you never know. Seems trivial to me.
Writing mainstream and adult since 2003
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+1
Protecting your trademark is when you sue the guy who is printing T-shirts with your logo on it.
You should fire your lame lawyers now, they made you great loss for no gain at all. You just made ppl who love and respect you disappointed big time.
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My 2 cents on this: Shap stop replying.
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lol yes that is how the mob works to, 1st we threat you to take everything away from you and then we make a deal to you pay us and we will not kill you.
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Great post.I'm in Brujah's same boat - a domain owner above all, though I'm not in the adult biz myself at all except for selling adult domains. My stance is that tube would technically not be recognized as a generic term meaning video site as of yet, and as such sextube is a legit trademark/brand and they would win based on first usage and first to trademark over hardsextube. Though that then brings up the question of whether or not since every tube site is clearly banking off of the overwhelming popularity of YouTube, could YouTube go after any tube site with You or Tube in their name based on the "confusingly similar" principal and bad faith? Lord knows PornHub would cheer as YouPorn and RedTube get snapped away, lol. Who knows, perhaps big G is waiting for someone else with a tube site and a TM to be the first to try and make a precedent setting case for the term tube not being generic for video site so that they can then march in and have a much easier case to make.
Anyways, MY issue is more with your ownership of typos/TM names of other companies. Whether you were to give them up to the TM/site owners or not in the past, you still have them and seemed to gloss over the ethics of having them. Another example in a different industry off the top of my head is FullTiltPoker - they own all kinds of typos of most other poker sites, and instead of going after owners of typos of their own site, they buy them up instead, which avoids hypocrisy.
Also, from the point of arguing that HardSexTube has illegal content and why anyone would defend them given that, you looked a bit hypocritical with the whole advertising on illegal tube site issue you just went through with people on here. One of the big things that can get on people's nerves are the rich/powerful that believe laws/rules should apply or not apply only when it suits them. We're stuck with an economic mess in the U.S. thanks to big corp execs and politicians like that.
Lastly, as others have indicated, you probably WOULD be better off letting all such sites simply operate as-is anyways because every large "_____SexTube.com" site would give you collateral traffic, and given you're a tube site as well, you could very well end up stealing some of their visitors from that. I realize that goes against the whole point of having a TM, but not every TM owner avidly goes after domains with the TM in them. Some are notorious for doing it (Olympics) and some others rarely if ever do it. It's hard to say given that that not going after a TM-infringing domain would indicate you're not protecting your TM.
Anyways, good luck with the whole situation and hopefully you do work out a deal where both sides are happy. I don't think you were deserving of all the drama the situation attracted, but hopefully now you realize even if you were to have sought out and won the domain, it would be a pyrrhic victory at best...reputation is generally worth more than money.Comment
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I noticed you have not answered this question. So are you going after their domains too or is this just a selective process on what domains you want and who you want to take on?
GaryLast edited by Gnus; 03-04-2009, 05:07 AM.ICQ -73665782
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he already said he sent more letters, hardsextube was the only one to bring it to the board so far
maybe in the 1st thread if not in this one, i dunno,
shit usually has a way of working itself out
eventually it excretes itself out of the wayComment
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Apparently hardsextube.ca already gave theirs up. It's on the same ns. as twisty's.
Domain Name: TWISTYS.COM
Registrar: INTERCOSMOS MEDIA GROUP, INC. D/B/A DIRECTNIC.COM
Whois Server: whois.directnic.com
Referral URL: http://www.directnic.com
Name Server: NS1.SWIFTWILL.COM
Name Server: NS2.SWIFTWILL.COM
Name Server: NS3.SWIFTWILL.COM
Domain name: hardsextube.ca
Domain status: EXIST
Approval date: 2007/11/17
Renewal date: 2009/11/17
Registrar:
Name: Tucows.com Co.
Number: 156
Name servers last changed: 2009/01/21
Name servers:
ns1.swiftwill.com
ns2.swiftwill.com
ns3.swiftwill.comComment
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it could be just bought by Shap, alias?Comment







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