You don't think the guy bought that domain for the SE traffic??? He's got the top 4 spots for that phrase... An actual twistys site is #5

Word Mark TWISTYS
Goods and Services: ELECTRONIC DELIVERY OF IMAGES AND PHOTOGRAPHS VIA A GLOBAL COMPUTER NETWORK. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001
IC 041. US 100 101 107. G & S: ONLINE ENTERTAINMENT SERVICES, NAMELY, PROVIDING A WEBSITE IN THE FIELD OF ADULT ENTERTAINMENT; PROVIDING LINKS TO THE WEBSITES OF OTHERS FEATURING ADULT ENTERTAINMENT-RELATED PICTURES, VIDEO CLIPS AND OTHER INFORMATION IN THE FIELD OF ADULT ENTERTAINMENT. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001

if you don't protect your trademark, you lose it.

You guys don't understand trademark law. How many of you have been through a case. I have.

here are the eliments you need to prove:

The Court there announced eight specific elements to measure likelihood of confusion:

1. Strength of the mark
(pretty much like coca cola or something known well by everyone - not "twistys")
2. Proximity of the goods
(internet - negative here. It's not like a business opened up across the street with the same name.)
3. Similarity of the marks
(none, the site in questions doesn't even have twistys on it, it refers to it as "TD" in the logo).
4. Evidence of actual confusion
(big negative here, people aren't buying from that site thinking they are getting access to shap's porn).
5. Marketing channels used
(internet is way to broad, this one doesn't apply here).
6. Type of goods and the degree of care likely to be exercised by the purchaser
(its tv shows, games, and theater movies. not even close to porn)
7. Defendant's intent in selecting the mark
(maybe his nick name is twisty's no evidence to show he tried to benefit from shap's sites, not to mention he isn't in any way. negative here.)
8. Likelihood of expansion of the product lines[1]
(if they planed on doing porn videos it could be a problem, but one can not expect that they would. negative here.)

The site passes all 8 criteria of a trademark infringement.

I can open up a place called Twisty's and sell hot dogs and shap can't do shit about it. Here is a case about a guy who's last name is Nissan and he has a computer company "Nissan Computer", he owns nissan.com . Well Nissan the car company has been sueing him (and losing) for the past 8 years trying to get control of the domain: http://www.digest.com/Big_Story.php Now nissan is a pretty famous name but apparently not famous enough. When your name is not famous it is ok for other people to use the same name for non competing products or services and as long as it meets the criteria i listed above.

Shap doesn't own the word twistys he owns twistys when it is in relation to online porn. Also notice his lawyers haven't sued the guy. They can (and probably did ) threaten him, but they wont take it to court, if they do they will waste money and lose.

errr, your trademark has to be "violated" for you to be forced to protect it. If it is being violated and you don't protect it, correct. But this is not a case of trademark violation.

If Shap doesn't enforce his trademark rights, he can lose them.

So, your argument makes no sense.

Here is a place called "Twistys" in MA, looks like it has been there for 50 years.


http://funnewengland.com/mass/photos...soft_serve.jpg

So if they trademarked their name, before Shap, according to you GFY attorneys then this ice cream place should be able to sue Shap for trademark infringement. And guess what he would have a better case against Shap then Shap has against the guy with the tv shows and games because the ice cream guy could say that someone opening a porn site with the same name as his store tarnishes his tm. It's arguable, but he likely wouldn't win though. Most of you have no clue how tm law works.


On second thought, shap's font is kinda close to theirs and shap does mix in a lot of candy and stuff into his site.... lol.... ;) ut oh look out shap, twistys.com might turn into an ice cream shack if this guy comes after you ;) (j/k)

Well aside from the fact that site looks illegal and should be taken down anyway, I think it can be argued quite easily that the site name twistysdownload.com implies downloads from twistys and much of the traffic to that site will be looking for that, so if I was Shap I would be going after it.

Good luck.

Had the site spelled it just a tiny bit differently, it'd be less of an issue:

twistiesdownloads, twistyandbobsdownloads, twystiesdownloads, twisterdownloads, twisteddownloads.

They probably have about as much as respect for Shap's trademarks as they do for Hollywood's copyrights. :winkwink:

its is called a "BRAND" do you need a wiki post or do you get it?

and obviously I am in serious litigation with the NY Yankees? did I spell that right, not sure, never heard of them about my site

and obviously I am in serious litigation with the NY Yankees??? did I spell that right??, not sure....I just heard of them.. Stein something about my site

Man me and u should be twins.. we always see eye to eye on every issue here.. u had same thoughts as me on the robbie/mfc crap

then also on this crap.. i dont know how people dont see through it.. all you sheeple suckling up to shaps cock...

like i said before, twistysdownload isnt affecting his signups.. and obviously if he coulda taken it down, he woulda, Site has been running almost 3 years :1orglaugh

I would be shocked if people trying to find twistys content to download aren't typing in "twistys download" to search engines.

but the guy doesn't have twistys type content on his site. He has tv shows and game and movie theater shit not porn videos. You know many things can be "downloaded" other than porn.


First of all 1/2 of you people don't understand common sense, then the other half of you don't understand US laws.

And we also have the program owners who jump in heeing and hawing about how they got to be protecting their trade marks.... sorry bros, consult your attorney, just because someone uses the same names as your site, or company etc... doesn't automatically mean they are infringing. There is a LOT more to it then that. And if the name they are using is for a site or business that is not involved with porn then there is a very good chance you wouldn't win a case against them.