PR_Dave

http://www.twistysdownload.com/

May want your lawyers to jump on this.

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Caligari

heh...i've seen that all over the place as well, on google alot.

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ottopottomouse

Site doesn't relate to Twistys though?

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st0ned

That doesn't matter though does it?

Given the nature of the site I don't think Shap will have too hard of a time taking it down.

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Shap

Thanks man. They've been on these guys. The nature of their site has slowed down the process. My understanding is that the fact they are non adult complicates things.

rogueteens

http://www.twistysdownload.com/movie...porn-2009.html :D

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xxweekxx

Shap whats the point.. its funny how people get a big ego..

This guy is NOT AFFECTING your income in any way shape or form.

If you shut him down tomorrow, u will still make the same # of sales..

If someone has a site and is directly affecting your $$, shut him down, but otherwise let him be

fuck humans suck

If i decide to register twistyscars.com and post pics of cars with the images edited/twisted, would that affect ur income? No..

stop being a power hungry SOB

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st0ned

Oh, damn.

Adult or non, you own the trademark, and they are using your trademark to engage in illegal activities. Thought that would be a clean cut case.

Of course I am no lawyer though.

Good luck with it Shap. I bet it is a never ending battle going after sites like this.

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fatfoo

Maybe it is bookmarked.

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Shap

Sorry xxweekxx but I'm running a business a business that I've spent millions building up. You think that site would be called Twistys Download if I never started Twistys?

xxweekxx

i hear ya man, just saying why waste ur money and time chasing this crap.. if you spend say $5,000 to shut him down, that doesnt directly translate to $5k more in sales for u

basically just choose your battles wisely.. if i had a trademark id go after only those affecting my sales, shut him down tomorrow and ur sales dont go up..

even big companies like google, facebook, etc only go after some sites with their trademark, i can pull up 100 sites that have youtube, facebook as part of their domain but are still running..

people and their trademarks.lol

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Shap

It's more complicated than that. To my understanding If I don't go after him (after I've been made aware of what he's up to) then someone could claim I didn't enforce my trademark with this guy therefore my trademark should be void.

DBS.US

http://tess2.uspto.gov/bin/showfield...h=Submit+Query

Education starts here >http://www.uspto.gov/trademarks/basics/index.jsp

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xxweekxx

how come trademarks registered in USA apply worldwide?

what if the guy is not from usa

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Shap

Is he doing business in the US?

PR_Dave

If you get the domain from this guy (his Alexa rating shows it is as big as Twistys.com) you would have doubled your traffic overnight.

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DBS.US

More good reading > http://en.wikipedia.org/wiki/Trademark_dilution

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Fletch XXX

where is the infringement, the actual infringement.

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SZNY

make him a deal he can't refush

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DBS.US

More good reading > STARBUCKS CORPORATION v. WOLFE BOROUGH COFFEE INC
http://caselaw.findlaw.com/us-2nd-circuit/1498342.html

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Deej

thats it right there...

Though i sympathize with the point trying to be made... Shap has a legal obligation to do this. If you want to protect something trademarked you cant be picky choosey...

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2MuchMark

This has nothing to do with power, but it has everything to do with the brand and protecting that brand.

If your last name was SONY for example and you wanted to open up a restaurant called SONY'S Steak house, SONY would be all over you and have you shut down before you sold your first meal. Of course there's no connection between electronics and food, but thats not the point. It's branding and brand recognition that is the point. If Twistys becomes a super-big name in the future, "Twistysdownloads.com" SOUNDS like they are a related site, and would gain the trust of consumers based on the name that Twistys themselves are spending money to build.

Twistys should send Twistysdownload.com a friendly email letting them know of potential trademark infringement and ask them to change their name otherwise risk potential lengthly and costly legal battles in the future.

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DBS.US

More good reading > http://www.nissan.com/Lawsuit/The_Story.php

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xxweekxx

Twistys is not, and will never be on same league as sony, panasonic, microsoft, google, etc.. u are telling me twistysdownload is hurting shaps "BRAND" recognition. lmao some of you guys are funny

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JFK

You seem funny as well, if it was your brand, what would you do? as Deej said

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Roald

Nothing to do with being a power hungry sob, all with brand protection

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CaptainHowdy

Mind your own, man...

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Far-L

We don't go after anyone using "Homegrown" to describe anything non-adult, nor can we, but lo and woe to those that attempt to use it in any sort of adult context. That is when we can and do unleash the dogs of war.

Now those dogs come out very friendly at first - a sniff here and there - a cautious approach. Better to throw a bone and see if the infringer is willing to play and throw it back by becoming an ally and affiliate than the bloody alternative, sending in the big dogs that like to rip people apart in legal hassle.

Seems pretty clear cut to me that this could easily be miscontrued in a consumer's mind and Twisty's has every right to come down on them.

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MetaMan

You're 100% added to my shit list you little beeeeeeetch.



now i am going to find out problems with the company in your sig and post about it non stop.

DO NOT HELP THAT SHAP. please people. we know what he is about.

MetaMan

You got to be fucking kidding me. stop supporting people with terrorist business policies. i hope your google listings are stuffed asshole.

PR_Glen

MetaMan is just a little defensive because i think he owns cocacolatube and kentuckyfriedchickenbucks...

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MetaMan

All fun and games, lets have some fun then. sounds good.

i cannot stand snitches like yourself. good for you man. at least we know what you are about.

i like games also. more fun right? lets have some fun.

PR_Dave

Super Mario do you own the site?

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PR_Dave

I am about suing the fuck out of people that try to steal my marks. I have been doing it for years.

We also pay webmasters weekly and have been doing so for over 400+ weeks.

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MetaMan

I cannot wait until regulation drops so your shitty business goes along with it.

All you douch bags have is lawyers with no skills.

well your lawyers do. but not yourself. at least you have been losing money over the years.

DaLord

You can't say it like that.

I got craploads of friends who have no idea who Twistys is eventhough they've been surfing the internet for many years. Let's say one of them got a Twisty nickname in real life and decides to use it one a site which is not related to your site. That's not because he wants to be an asshole. He simply just don't know your site.

I don't know who runs the download site mentioned in this thread though!

Due

It also depends on the nature of the business, a trademark only protect you within the area where it's registered.

If your trademark included "digital downloads" you have a clear case, if your trademark say "adult / erotic / xxx entertainment" it's more difficult as it doesn't compete with "illegal activity", however you probably have a good shot as they are involved in illegal activity.

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MrBottomTooth

Since they are not in the porn industry there is probably no valid case.

Example of a similar situation:

http://www.mcdonaldsfurniture.com/

If McDonalds (the fast food chain) could take out sites like this, they would. The fact that they are in a different business will protect them.

Nissan computer (nissan.com) is another popular example, although they definitely put him through the ringer trying to take it from him, but ended up having to pay his costs.

Now they are trying to obtain a trademark relating to computers so they can take it from him.

I never checked the site out fully, but if they are offering porn on it anywhere, then you should be able to take it from them easily.

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alias

No matter the outcome, lawyers win.

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Tempest

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

DBS.US

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

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CYF

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

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will76

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.

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DaddyHalbucks

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

So, your argument makes no sense.

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will76

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




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)

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lagcam

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.

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psbfo

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.

Yanks_Todd

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

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Yanks_Todd

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

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