Twistys abusing ICANN policies and pushing people around?

http://www.reputationdefender.com/

Ironic. So you trademarked "sextube" so someone that regged pornotube.com and then tmed "pornotube" couldn't take your domain even though they weren't related at all and are both generic terms? Youtube should've just sued you both right away and ended this nonsense right there. But now you turn around and do exactly what you were trying to prevent to other people? Nice, once again.

Dork Jedi, the humor is strong with you

Actually you would not get them down like you think.
Examples:

http://www.paypalsucks.com
http://www.ebaysucks.com/
http://www.aolsucks.org/
http://yahooosucks.com/

So your telling me his trademark and lawyers are better than those listed above? There's plenty more just like that.

wasn't me, the credit goes to BV

correct me if i'm wrong but....


if you trademark something, you have to USE THAT trademark to enforce it

so, even if you have the earliest date of a trademark, it really comes down to who USED the mark first

so if someone tm'd a name years ago, but just decided to start developing it, and someone with a similiar name but already has it in use - then the earliest use is the one that wins

right?

Shap has selective answering.

So I take it these guys best be worried too?

http://www.sextubesearch.com/

I just lost faith in one of my role model.

we're crying

OMFG ...so FashionTV (FTV.com) can own FTVGirls.com?! horseshit...

LOVE IT! Thanks man!

Let's see...

Paypal sucks... legitimate beef site with no monetization protected by the first amendment.

ebay sucks... the same

AOL sucks... owned by AOL

Yahoo sucks, another beef site, with monetization. Only a matter of time before they lose the domain.

Actually I was going to write about "sucks" sites but I didn't want to waste my breath and, quite frankly, those are piss poor examples. It's obvious these are protected under the 1st as long as you are making an editorial statement and don't MONETIZE them. Clearly AOL schooled someone at some point though. Yahoo is on it's way. The other two are walking that fine line.

Nice try dude, but pretty weak.

Damn shap glad you are so thrilled with all this publicity you're getting from this! Don't worry ya little head dude, you will be be back in the bro's club next month... I am very very surprised that fucking with people like you have that know one has done anything like attack you or your servers etc..( Lets hope that don't happen )

I don't agree with your new tactics that you have been doing the last few months, Hell been in shock mode since you first started your new ways! Good luck at finding your way back! I'm not trying to bash you just given you my feed back!

are view counts each user or cummulative regardless of ip or user? just wondering

There are plenty more...

Ford has trademarks on "SVT" which is a performance division of Ford.

SVTPerformance.com - Lots of traffic, earns decent income.

Ford wanted to seize the domain and SVTperformance to pay a hefty fine.
Judge ruled that SVTperformance put a disclaimer saying they're in no way affiliated with Ford, and not to use any trademarked logos, or photos which may confuse the public into thinking it's a subsidiary of Ford. Ford Lost.

There are plenty of small cases with Ebay as well where people used the term, "bay" and kept their domains despite legal action.

Let it be known I'm not against what Shap has done here, he has a trademark and if his lawyers feel he needs to take legal action to protect his interests then so be it.

However, I don't feel he has a real legal case against hardsextube.com. He might get a bunch of other related domains simply because people will surrender them to avoid legal action, but that would be the extent of it unless someone is deliberately violating his trademark and intellectual property rights.

Here is what I think..

Hardsextube is a one word domain, so technically it doesn't have the trademarked term, "sextube" in it by itself. Regardless of that, since there are thousands of adult tube sites, the judge will see the term sex used in an adult tube site as generic.

Hardsextube doesn't use any logos, text, banners, design, etc from sextube in an attempt to clone Sextube.com or confuse people into thinking it's sextube which may tarnish it's reputation or control of quality.

Hardsextube doesn't promote twistys sponsored content like sextube, it's an online adult tube site like many others out there with general content. While still an adult site, it's source of income isn't in direct competition with sextube.com

Hardsextube is a long established site with trademarks in it's own country, it also currently has a lot more traffic coming in and always has had more traffic than sextube.com. In other words, it didn't "steal" away traffic from sextube.com in order to get established.

There are tons of car forums with a trademarked name in the URL that sell ad space. Lots of video game sites also.

Volvo just recently lost their case against VolvoSpares.com and they are definitely monetizing it.

Such an asshole...

and what lold me the most is his sig:

"
If you are interested in doing business with us please contact: BizShap at Prickies dot com
Wanna know the secrets to our success? Read Them Here
"

out of scope use


based on historical search results that have already been presented that is NOT what shap did.

What he did was the equivalent of what microsoft did with the trademark term windows. Take a generic term pre-established with in the SCOPE of his trademark, and file a trademark claim to it. (see parc windows/ x-windows etc)

as in the lindows.com vs microsoft case, microsoft was forced to buy their way out of that lawsuit or they would have lost the trademark.

wow 13 pages

is someone giving away $50 prizes in here???

here is my entry

Thats a good resume, i dont think hardsextube profit in any case of the trademark.

I highly doubt any judge would order a domain transfer.

who wants a cockmeat sandwhich?

Wow, this threads length is pwning even the gay contest threads!

The last poster in this thread wins.

Yay, I win!

O'RLY?

Ummmmm.....YOU?

This thread finally made it to the second page.

Yeah, about time too.

Well after reading this soap opera....no offence here! But apparently if I get this right hardsextube is and was a register trade mark before sex tube.... Its not infringe on any copy right..or masking itself as any one else with logos and banners....is a separate entity.

Well anyway if this is the case according to twistys ( no offence shap ) you can go after, any tube site a matter of fact with what I am reading here as long as the word ..sextube is in it... lesbiansextube.com, fagsextube.com, pantiesextube.com, heelsandhoesextube.com

I do not think anything here is infringing on anything.... offer to buy his shit and move one!

By the way I am in Canada as well...and if this is put forth in description right....I have to do some investigation on my own....because according to


This is what the federal government has to say
about protecting your corporate name.

1. ?The granting of names under the Canada Business Corporations Act does not protect you from earlier or subsequent trade-marks of other parties.?

2. ?You may wish to conduct your own NUANS searches on a periodic basis after your name has been approved. This would be done in order to ensure, to your own satisfaction, that no confusing corporate or business name has subsequently been approved in the jurisdiction(s) in which you are carrying on business, and to give you up to date information about trade-marks that have been applied for or registered subsequent to the granting of your corporate name.?

3. ?Using a corporate name which is similar to a registered trade-mark may result in liability for infringement of the registered trade-mark even if the trade-mark was registered after the corporate name was granted. This is so because, under trade-marks law, the holder of a corporate name bears the responsibility of ensuring that no new trade-marks are registered which are confusing with that name.?

4. ?Registration of a trade-mark is the best way to obtain the exclusive right to use the mark in all of Canada in association with the products and services for which the registration is obtained. While the Trade-Marks Office can provide basic guidance, it is recommended that a specialist be consulted.?

So in fact the owns would be on you shap to ensure you are not infringing on anyone else trade mark in canada and similar in USA.... since he was/ is register first.... How can he be the infringer.....Also he is in Europe and Not North America...thus separate!

Yep I would like to see how this pan out....anyway!

exactly

Huh, that is a nice reading over here... looks like mr. Shap is getting owned by his own greed and unfair doing btw. I am not supporting any side. It's a shame too that some questionable content might be found on hardsextube.com but that what Twistys is doing is disgusting and there is no excuse for doing that.

You have the facts all messed up. I can't expect anything less from gfy. If one person says it it must be true.

Trade marks once registered apply throughout the territory of the country where it is registered, but only for the goods and services specified. It is possible to extend the trademark registration from your home country to other countries where you intend to use the trademark. The Republic of Ireland is a party to the Madrid Protocol for the international registration of trademarks. The Madrid Protocol makes it possible to designate additional countires over time, subject to no other prior or similar trademark registrations in those countries involved.


So, the fact that this guy registered his TM in Hungary(?) before the US TM notwithstanding, all he needs to do is register sextube as a TM in his country of residence.

Seems like petty shit to me - I'm off to register gofuckyourself as I plan to develop its use later. In the meantime, gonna get the domain handed over to me.
pffft

Nobody heard of prior use?

Again facts are wrong. HE DID NOT REGISTER IT BEFORE WE DID

OK, I was just going off the OP - Jesus as if I'm going to read 12 pages of bashing to find out.

Is you trademark extended to Hungary? Highly doubt it.

An if you're going to ICANN because his domain is registered with a US company, because you can't touch the domain's use in Hungary, then that's *really* lame. If I were that guy, I'd transfer hardsextube.com away from enom and into a Hungarian registrar like pronto.

i aint the one that sucked those 3 guys off back in the day

see sig !

And the soap continues

Well given the fact I do not have time to hang the boards because some of us actually work for our money... and only come in on occasion...and just happen by this one out of interest... as well as only attached an application of law from a Canadian Corporate specialist company I know of....who deal in TM and Copyright locally and universal!

I will still say: hardsextube does not infringe on anyone copyright, and with all do respect if this is what the claim is.....take it to court and have the lawyers argue it out!

But I do not see anything like in the case of the WWF (world wrestling federation versus WWF ( World Wild life federation) case going on here.... now there is a justified TM and copyright infringement and as a result the world wrestling federation is now the WWE! Nor does this accusing hinder towards intellectual copyright infringement.

Also if your case holds water at all you could have/ or/ also filed in Europe... china, japan, india and where ever else you wanted to protect your TM/copyright! That what lawyers do for there business clients.

You have the facts all messed up. I can't expect anything less from gfy. If one person says it must be true. <---- hear say is bull shit! So believe only half of what you see and half of what your hear.

So one must investigate! If you want I will give you my 416 and you can explain the fact...instead of looking like a bully LOL..Then I will call Europe and ask them the shit scope of it....

After all you (shap) said: I can't expect anything less from gfy. If one person says it must be true.

Then I will write the truth on the boards ..... as a responsible gofuckyourself person lmao.

After all enquiring mines need to know the truth LOL ... since this has been made into a soap opera... (Days of our gfy board) copyright2009, Ontario, Canada. LOL..joking here!

Anyway here is my unbiased review of this soap opera:

1: Big brothers trying to bully, coerce and intimate a smaller business person into shutting down a domain under threat of persecution.
2: Making unrelenting attempts to justify their own misgivings and lack of completing a Universal TM and Copyright form.
3: Unhappy with the fact the other party took it to the board in and effort to let other know what was happening to them.
4: idle attempt to obtain some domain name without justification through coercion!

Some total: Bullying!

Now if this is a wrong review I apologize a head...but this is what I am viewing through all this!
And there is one thing I hate in all my 10 years of this is when I see someone or perceive attempting to rip another web master off in any shape, or form! Just because they been around longer..or have more luck!

So once again if I am wrong I deeply apologize....but if I am not buy the damn domain off him and go sue anyone with a similar domain or buy theirs as well ....!

Joel contact me i will give you authorization to use it.

Who has NOT read this thread yet?

Holy shit, My internet goes borked for 4 days and this thread dies? Hell no.

Nuts Itch? Get you some Nutt Butter! http://www.nuttbutter.com






*disclaimer - I am no way affiliated with nuttbutter.com... I just think it's hilarious

Well you must have been there watching it go down...

what did i miss out on