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  • signupdamnit
    Confirmed User
    • Aug 2007
    • 6697
    #51
    Originally posted by NaughtyVisions
    Honestly, I would assume all of those domains to be associated with Homegrown Video. Your capitalization of the word "homegrown" would imply that even more.



    He already said that it only applies to adult.

    Sort of how it was stupid for Vivid to send a cease & desist to HTC over their "Vivid" cell phone.
    I capitalized most words simply because they were keywords and that is my habit. As I said look at the Wikipedia page. Notice how many albums and festivals there are with the title "Homegrown" and how this is in the same industry. Now which lawsuits have occurred in relation to this? It seems to me that there is no precedent for this. In fact quite the opposite. It's a common word.

    You don't like my posts? Put me on ignore or fuck right off. I'll say what I want.

      Comment

      • stocktrader23
        Let's do some business.
        • Jan 2003
        • 18781
        #52
        Originally posted by signupdamnit
        They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.
        I like you but they would almost certainly win.

        Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.
        And more importantly...

        Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner.
        And...

        The Court there announced eight specific elements to measure likelihood of confusion:
        1. Strength of the mark
        2. Proximity of the goods
        3. Similarity of the marks
        4. Evidence of actual confusion
        5. Marketing channels used
        6. Type of goods and the degree of care likely to be exercised by the purchaser
        7. Defendant's intent in selecting the mark
        8. Likelihood of expansion of the product lines


        And even more importantly, trademarks are "use it or lose it" meaning you have to defend them if you want to keep them. You could not really give a shit about a specific person having a similar domain / site / product but you still have to sue them or risk losing your entire trademark.

        Cheers


        Hands Free Adult - Join Once, Earn For Life

        "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

          Comment

          • Far-L
            Confirmed User
            • Feb 2002
            • 6065
            #53
            Originally posted by signupdamnit
            They say if you hit a guy and he smiles you know you've hurt him. I don't want to hurt you but I'm speaking my mind and what I think right.
            They say if you hit a guy and he turns the other cheek then he is on Jesus' team too. I forgive you for thinking you have a clue. Amen.

            The unfortunate thing is you don't know whom we have dealt with or not, when we plan to, and why we put more priority on some over others, knowing all of them are in our crosshairs. But, I cannot blame you for that as it is none of your business... pretty much like this entire thread/issue when you get right down to it.
            HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
            Contact             - Email: farrell AT homegrownvideo D com Skype: hgfarl
            Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

              Comment

              • Far-L
                Confirmed User
                • Feb 2002
                • 6065
                #54
                Ok, this issue is being worked out to everyone's benefit off the board.

                Now all you "see them in court" goofballs need to eat some crow. How would you like it? Fried? Half-baked? Or stewing in their own juices?

                HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                Contact                 - Email: farrell AT homegrownvideo D com Skype: hgfarl
                Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                  Comment

                  • Relentless
                    www.EngineFood.com
                    • Aug 2006
                    • 5697
                    #55
                    Originally posted by Far-L
                    Ok, this issue is being worked out to everyone's benefit off the board.
                    Congrats to both winners


                    Website Secure | Engine Food
                    ICQ# 266-942-896

                      Comment

                      • signupdamnit
                        Confirmed User
                        • Aug 2007
                        • 6697
                        #56
                        Originally posted by Far-L
                        They say if you hit a guy and he turns the other cheek then he is on Jesus' team too. I forgive you for thinking you have a clue. Amen.

                        The unfortunate thing is you don't know whom we have dealt with or not, when we plan to, and why we put more priority on some over others, knowing all of them are in our crosshairs. But, I cannot blame you for that as it is none of your business... pretty much like this entire thread/issue when you get right down to it.
                        I didn't give you the keyword list or the link to the Wikipedia page as a suggestion of who you need to sue. I was pointing out that it's a common dictionary word with plenty of prior use. In addition there are multiple music albums of the same name. That is significant not because they share part of your trademark rather because they all share the same name without conflict or lawsuit. I suggest that might have something to do with the parties involved understanding that it is a common dictionary word and that they have no valid claim against the other companies using the same album name.

                        You don't like my posts? Put me on ignore or fuck right off. I'll say what I want.

                          Comment

                          • NaughtyVisions
                            Confirmed User
                            • May 2008
                            • 4204
                            #57
                            Originally posted by signupdamnit
                            Far-L, here's a question for you and your lawyer:

                            http://en.wikipedia.org/wiki/Homegrown

                            Look at all the music albums named "Homegrown" as well as the festivals with that title. Now clearly these are all within the same industry. There are many. Now why haven't they sued one another for this already? I mean it's the same exact name within the same industry. Yours isn't even an exact match. Please explain how yours is a different case and how it is more enforceable.
                            Music albums are a collection of works. The branding lies in the band/artists' name, not the collected body of work. Bands can sue over other bands using the same name. A group of kids in my high school (years ago) got a cease & desist from Staind, as they were calling themselves "Stained," before Staind was even popular. Supernova sued the tv show created super-rock band (Tommy Lee, Gilby Clarke, Jason Newsted), forcing them to call themselves Rockstar: Supernova.

                            Festivals I don't know. But, I know that a teenage girl named Lauren McClusky had put on charity concerts (to benefit the Special Olympics) under the festival name "McFest," based on her last name. When she went to protect the name, McDonald's objected, and the two are now engaged in a legal battle. Full story here:
                            http://www.dailyfinance.com/blog/201...nalds/?icid=ma
                            Last edited by NaughtyVisions; 02-06-2012, 07:12 PM.
                            Online strip gaming with sexy gamer girls
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                              Comment

                              • Far-L
                                Confirmed User
                                • Feb 2002
                                • 6065
                                #58
                                Originally posted by pompousjohn
                                Not familiar with any of the parties involved here but if it was me and I could afford it I'd take my chances in court, since they seem to be betting you won't.

                                If they act like bullying dickheads in court like they are acting in this thread, and you keep you cool you might be able to convince a jury that claiming generic terms as trademarks and using that to extort others is bullshit - since that is the actually the truth.
                                lol, ok there Pompous. I bow to your... your... ummmm... pompousness.

                                What we are doing is not called "bullying". It is called protecting our mark and it is nothing personal so quit with the false accusations and insults, which last time I looked are considered "bullying".
                                HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                Contact                                 - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                  Comment

                                  • Far-L
                                    Confirmed User
                                    • Feb 2002
                                    • 6065
                                    #59
                                    Originally posted by signupdamnit
                                    I didn't give you the keyword list or the link to the Wikipedia page as a suggestion of who you need to sue. I was pointing out that it's a common dictionary word with plenty of prior use. In addition there are multiple music albums of the same name. That is significant not because they share part of your trademark rather because they all share the same name without conflict or lawsuit. I suggest that might have something to do with the parties involved understanding that it is a common dictionary word and that they have no valid claim against the other companies using the same album name.
                                    I can forgive you for being clueless, but unfortunately one day you will have to answer for your ignorance to a much higher power... I pray for you to get it figured out before you do something that lands you in hot as hell water. If this thread has been any indication, unfortunately there is little hope for that...
                                    HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                    Contact                                     - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                    Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                      Comment

                                      • JFK
                                        FUBAR the ORIGINATOR
                                        • Jan 2002
                                        • 67373
                                        #60
                                        Originally posted by Relentless
                                        Congrats to both winners
                                        only 2 pages ?

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                                        For promo opps contact jfk at fubarwebmasters dot com

                                          Comment

                                          • signupdamnit
                                            Confirmed User
                                            • Aug 2007
                                            • 6697
                                            #61
                                            Originally posted by Far-L
                                            I can forgive you for being clueless, but unfortunately one day you will have to answer for your ignorance to a much higher power... I pray for you to get it figured out before you do something that lands you in hot as hell water. If this thread has been any indication, unfortunately there is little hope for that...
                                            Nothing personal here. I just call it as I see it. Have a good night.

                                            You don't like my posts? Put me on ignore or fuck right off. I'll say what I want.

                                              Comment

                                              • SleazyDream
                                                I'm here for SPORT
                                                • Jul 2001
                                                • 41470
                                                #62
                                                homegrown has great content and a legitimate trademark that would be VERY hard and expensive to beat..... there is a light at the end of the tunnel though, they are REALLY easy to work with and pay pretty good. if you want to use that term, work WITH them, I'm sure you can work something out
                                                This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                                                Now read without the word dog.

                                                  Comment

                                                  • raymor
                                                    Confirmed User
                                                    • Oct 2002
                                                    • 3745
                                                    #63
                                                    Far-L started out in this thread with a winning trademark case. He could have not posted at all

                                                    Instead of just smiling, he's decided to verbally abuse a who's who of adult industry, showing everyone what a complete and total asshole he is and why you should never do business with him. So far I've been told of one deal that probably would have made him $40,000 which he just blew by showing his potential associate what a sociopath he is.

                                                    Don't drink and post, dude.
                                                    Last edited by raymor; 02-06-2012, 07:42 PM.
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                                                      • keysync
                                                        Living the Dream
                                                        • Sep 2011
                                                        • 2375
                                                        #64
                                                        I'd like to get involved on that $40k deal if they still need a warm body to attach a title too!


                                                          Comment

                                                          • SleazyDream
                                                            I'm here for SPORT
                                                            • Jul 2001
                                                            • 41470
                                                            #65
                                                            Originally posted by raymor
                                                            Far-L started out in this thread with a winning trademark case. He could have not posted at all

                                                            Instead of just smiling, he's decided to verbally abuse a who's who of adult industry, showing everyone what a complete and total asshole he is and why you should never do business with him. So far I've been told of one deal that probably would have made him $40,000 which he just blew by showing his potential associate what a sociopath he is.

                                                            Don't drink and post, dude.
                                                            $40,000!!!! no WAY... acting like that probably cost him one billion dollars

                                                            in other words you just slammed him with some fake bullshit business that never really existed except in your head trying to get the last laugh when everyone else with a brain totally saw though it and made yourself look a lot dumber.

                                                            if you're going to slam him, stick to the facts. It gives you credibility. Saying he lost some imaginary business shows you're the idiot, not Far-L
                                                            This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                                                            Now read without the word dog.

                                                              Comment

                                                              • stocktrader23
                                                                Let's do some business.
                                                                • Jan 2003
                                                                • 18781
                                                                #66
                                                                Originally posted by SleazyDream
                                                                $40,000!!!! no WAY... acting like that probably cost him one billion dollars

                                                                in other words you just slammed him with some fake bullshit business that never really existed except in your head trying to get the last laugh when everyone else with a brain totally saw though it and made yourself look a lot dumber.

                                                                if you're going to slam him, stick to the facts. It gives you credibility. Saying he lost some imaginary business shows you're the idiot, not Far-L
                                                                I was going to offer you $500,000 for YesSignals.com until I saw this post.


                                                                Hands Free Adult - Join Once, Earn For Life

                                                                "I try to make a habit of bouncing my eyes up to the face of a beautiful woman, and often repeat “not mine” in my head or even verbally. She’s not mine. God has her set aside. She’s not mine. She’s His little girl, and she needs me to fight for her by keeping my eyes where they should be."

                                                                  Comment

                                                                  • Supz
                                                                    Arthur Flegenheimer
                                                                    • Jul 2006
                                                                    • 11057
                                                                    #67
                                                                    Originally posted by Far-L
                                                                    Well, now that we know how you are going to respond I think it is safe to say that you just dug yourself in pretty deep.

                                                                    Yes, we can and do have a trademark on "Homegrown" when it is used in any adult context. Why don't you consult with an attorney and found out how much of a leg you have to stand on before you go incriminating yourself on a message board...

                                                                    After you do that... then ask yourself, do you want to do this the hard way or do you want to do this the easy way where it is mutually beneficial?

                                                                    You are already on notice so I guess you should already guess that the clock is running on time to decide.

                                                                    you might win the case, but you come off like a total douche. you're sites look nothing alike and it doesnt seem he is trying to copy your IP in anyway. Maybe he got 1 keyword from you now you are crying like a baby. you sound like a 2bit shyster trying to collect domain names after he put work into a building it. These are straight bully tactics in my opinion.

                                                                      Comment

                                                                      • SleazyDream
                                                                        I'm here for SPORT
                                                                        • Jul 2001
                                                                        • 41470
                                                                        #68
                                                                        Originally posted by stocktrader23
                                                                        I was going to offer you $500,000 for YesSignals.com until I saw this post.
                                                                        thanks ok,
                                                                        I'm holding out for $500,001.43
                                                                        This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                                                                        Now read without the word dog.

                                                                          Comment

                                                                          • SleazyDream
                                                                            I'm here for SPORT
                                                                            • Jul 2001
                                                                            • 41470
                                                                            #69
                                                                            Originally posted by Supz
                                                                            you might win the case, but you come off like a total douche. you're sites look nothing alike and it doesnt seem he is trying to copy your IP in anyway. Maybe he got 1 keyword from you now you are crying like a baby. you sound like a 2bit shyster trying to collect domain names after he put work into a building it. These are straight bully tactics in my opinion.
                                                                            here's a thought, if you don't need the term 'homegrown' why use it unless you're pulling a scam?
                                                                            This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                                                                            Now read without the word dog.

                                                                              Comment

                                                                              • FlexxAeon
                                                                                Confirmed User
                                                                                • May 2003
                                                                                • 3765
                                                                                #70
                                                                                #2651798 = case closed
                                                                                flexx [dot] aeon [at] gmail

                                                                                  Comment

                                                                                  • porno jew
                                                                                    Too lazy to set a custom title
                                                                                    • Nov 2006
                                                                                    • 10166
                                                                                    #71
                                                                                    everyone chill the fuck out. we have more in common than not.

                                                                                      Comment

                                                                                      • georgeyw
                                                                                        58008 53773
                                                                                        • Jul 2005
                                                                                        • 9865
                                                                                        #72
                                                                                        Originally posted by rogueteens
                                                                                        that would be the second of july here.
                                                                                        TripleXPrint on Megan Fox
                                                                                        "I would STILL suck her pussy until her face caved in. And then blow her up and do it again!"

                                                                                          Comment

                                                                                          • Due
                                                                                            Confirmed User
                                                                                            • Mar 2001
                                                                                            • 3620
                                                                                            #73
                                                                                            Originally posted by raymor
                                                                                            Far-L started out in this thread with a winning trademark case. He could have not posted at all

                                                                                            Instead of just smiling, he's decided to verbally abuse a who's who of adult industry, showing everyone what a complete and total asshole he is and why you should never do business with him. So far I've been told of one deal that probably would have made him $40,000 which he just blew by showing his potential associate what a sociopath he is.

                                                                                            Don't drink and post, dude.
                                                                                            Can't say that I'm a veteran like them, but with my about 15 years in online adult I never heard a bad thing about homegrown, I completely understand their urge to protect their brand, I'd do the same.

                                                                                            It's a trademark, it's very simple and very hard to argue against. It's a mark only you can use within the area where you "trade" / do business.
                                                                                            I buy plugs
                                                                                            Skype: Due_Global
                                                                                            /Due

                                                                                              Comment

                                                                                              • Dirty F
                                                                                                Too lazy to set a custom title
                                                                                                • Jul 2001
                                                                                                • 59204
                                                                                                #74
                                                                                                I'm gonna register 10 domains with the word homegrown in them and push adult content. Just because i can and am free to do so.

                                                                                                  Comment

                                                                                                  • raymor
                                                                                                    Confirmed User
                                                                                                    • Oct 2002
                                                                                                    • 3745
                                                                                                    #75
                                                                                                    Originally posted by Due
                                                                                                    Can't say that I'm a veteran like them, but with my about 15 years in online adult I never heard a bad thing about homegrown, I completely understand their urge to protect their brand, I'd do the same.

                                                                                                    It's a trademark, it's very simple and very hard to argue against. It's a mark only you can use within the area where you "trade" / do business.
                                                                                                    Oh I completely understand wanting to protect their brand. As I said, he was a winner before he even posted. Spouting personal attacks against everyone in the thread, viciously attacking the people who AGREE with him, like me, is what I was responding to.


                                                                                                    As I said from my first post, I think he has a reasonably strong trademark claim. (Or service mark). The way he has talked to everyone, I also think he's a sociopath and I'll certainly never do business with him.

                                                                                                    Of course, I may read it again in the morning and see it differently. I might apologize for calling him a sociopath. Tonight, though, that seems like the perfect word for someone who publicly attacks industry veterans who post in support of his position.
                                                                                                    Last edited by raymor; 02-06-2012, 08:51 PM.
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                                                                                                      • Jim_Gunn
                                                                                                        Confirmed User
                                                                                                        • Feb 2003
                                                                                                        • 5702
                                                                                                        #76
                                                                                                        Boggles my mind reading the posts by the people who take exception to Homegrown trying to protect their trademark. He wasn't the one who initially posted about it on the board after all, he just reacted, whether you like his attitude or not. Do any of you people actually own any URLs, sites, stores, studios, series titles, properties or anything of significance in the adult business that you would care to protect?

                                                                                                          Comment

                                                                                                          • SleazyDream
                                                                                                            I'm here for SPORT
                                                                                                            • Jul 2001
                                                                                                            • 41470
                                                                                                            #77
                                                                                                            Originally posted by raymor
                                                                                                            Oh I completely understand wanting to protect their brand. As I said, he was a winner before he even posted. Spouting personal attacks against everyone in the thread, viciously attacking the people who AGREE with him, like me, is what I was responding to.


                                                                                                            As I said from my first post, I think he has a reasonably strong trademark claim. (Or service mark). The way he has talked to everyone, I also think he's a sociopath and I'll certainly never do business with him.

                                                                                                            Of course, I may read it again in the morning and see it differently. I might apologize for calling him a sociopath. Tonight, though, that seems like perfect word for someone who publicly attacks business people who post in support of his position.
                                                                                                            see, now that post looks much better then making up fake lost business deals cause you don't like someone.

                                                                                                            unfortunately, you dealing or not dealing with Homegrown won't make or break them.....we all have companies we like and don't like... and he's a little secret, MOST people in this biz are sociopath's... the trick is to find the ones YOU can deal with. Personally I've always liked homegrown and thought they were a great company. I also understand why Far-L would get pissed at someone attempting to trade on his name...
                                                                                                            Last edited by SleazyDream; 02-06-2012, 08:55 PM.
                                                                                                            This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                                                                                                            Now read without the word dog.

                                                                                                              Comment

                                                                                                              • icymelon
                                                                                                                Confirmed User
                                                                                                                • Dec 2007
                                                                                                                • 3220
                                                                                                                #78
                                                                                                                response
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                                                                                                                  Comment

                                                                                                                  • icymelon
                                                                                                                    Confirmed User
                                                                                                                    • Dec 2007
                                                                                                                    • 3220
                                                                                                                    #79
                                                                                                                    You have been noticed. It is your option to comply or have the case heard in court. Have a great day!

                                                                                                                    In all honesty it's probably a good subject for the courts. I think its way off line. Imagine trying to trademark barely legal because you own barely legal video
                                                                                                                    Network Of Adult Blogs With Hardlink Rentals Available

                                                                                                                      Comment

                                                                                                                      • SleazyDream
                                                                                                                        I'm here for SPORT
                                                                                                                        • Jul 2001
                                                                                                                        • 41470
                                                                                                                        #80
                                                                                                                        here's a thought. I actually TRUST companies that get emotional about things like trademark and reputation and don't just handle it totally professionally but go off the handle for a moment. WHY? cause it's personal and a matter of pride in their company and who they are. The good ones come back down to earth quickly, but it shows they are human and actually CARE, when you think about it.

                                                                                                                        People who are 'all business, all professional image 100% of the time' scare me. I keep thinking they're out to fuck me. Usually they are......
                                                                                                                        This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog!

                                                                                                                        Now read without the word dog.

                                                                                                                          Comment

                                                                                                                          • slavdogg
                                                                                                                            Confirmed User
                                                                                                                            • Jan 2001
                                                                                                                            • 3570
                                                                                                                            #81
                                                                                                                            what is your trademark that covers exclusive right to the term "homegrown" in adult ?
                                                                                                                            Adult Traffic for Sale

                                                                                                                              Comment

                                                                                                                              • Yanks_Todd
                                                                                                                                Confirmed User
                                                                                                                                • Aug 2003
                                                                                                                                • 2493
                                                                                                                                #82
                                                                                                                                Originally posted by deadmoon
                                                                                                                                homegrown is pretty generic tbh.

                                                                                                                                Generic? In the adultspace? Dude, if I saw a "Homegrown" food processor I would think..well...Odd Brand extension, but go Far-L.
                                                                                                                                Todd Spaits - Co-founder -YanksCash
                                                                                                                                Premium ad-packages available - Skype for details - tmspaits

                                                                                                                                  Comment

                                                                                                                                  • icymelon
                                                                                                                                    Confirmed User
                                                                                                                                    • Dec 2007
                                                                                                                                    • 3220
                                                                                                                                    #83
                                                                                                                                    Originally posted by Jim_Gunn
                                                                                                                                    Boggles my mind reading the posts by the people who take exception to Homegrown trying to protect their trademark. He wasn't the one who initially posted about it on the board after all, he just reacted, whether you like his attitude or not. Do any of you people actually own any URLs, sites, stores, studios, series titles, properties or anything of significance in the adult business that you would care to protect?
                                                                                                                                    are you kidding? you might be familiar with them but your in the minority. Have you shot content for them?
                                                                                                                                    Network Of Adult Blogs With Hardlink Rentals Available

                                                                                                                                      Comment

                                                                                                                                      • davethedope
                                                                                                                                        Confirmed User
                                                                                                                                        • Dec 2005
                                                                                                                                        • 532
                                                                                                                                        #84
                                                                                                                                        what's a "homegrown video" anyway? You can't grow a video. I think the name is pretty stupid, actually.

                                                                                                                                          Comment

                                                                                                                                          • raymor
                                                                                                                                            Confirmed User
                                                                                                                                            • Oct 2002
                                                                                                                                            • 3745
                                                                                                                                            #85
                                                                                                                                            Originally posted by Jim_Gunn
                                                                                                                                            Boggles my mind reading the posts by the people who take exception to Homegrown trying to protect their trademark. He wasn't the one who initially posted about it on the board after all, he just reacted, whether you like his attitude or not. Do any of you people actually own any URLs, sites, stores, studios, series titles, properties or anything of significance in the adult business that you would care to protect?
                                                                                                                                            Maybe this will help clear it up:
                                                                                                                                            Originally posted by Far-L
                                                                                                                                            After you do that... then ask yourself, do you want to do this the hard way or do you want to do this the easy way

                                                                                                                                            And that is where you would be not only completely wrong, but absolutely ignorant.

                                                                                                                                            You have zero clue.

                                                                                                                                            I forgive you for thinking you have a clue. Amen.

                                                                                                                                            Now all you "see them in court" goofballs need to eat some crow. How would you like it? Fried? Half-baked? Or stewing in their own juices?

                                                                                                                                            lol, ok there Pompous. I bow to your... your... ummmm... pompousness.


                                                                                                                                            I can forgive you for being clueless, but unfortunately one day you will have to answer for your ignorance to a much higher power...
                                                                                                                                            I pray for you to get it figured out before you do something that lands you in hot as hell water. If this thread has been any
                                                                                                                                            indication, unfortunately there is little hope for that...
                                                                                                                                            Some of that was him responding to people who AGREE with him, who were SUPPORTING him. See why people think he's being an ass?

                                                                                                                                            Do you remember our copyright and trademark issues, when someone infringed our rights? Probably not, because we didn't come in here calling you a pompous, ignorant goofball. We made some phone calls and handled our business like - well, business people.
                                                                                                                                            Last edited by raymor; 02-06-2012, 09:15 PM.
                                                                                                                                            For historical display only. This information is not current:
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                                                                                                                                              • Yanks_Todd
                                                                                                                                                Confirmed User
                                                                                                                                                • Aug 2003
                                                                                                                                                • 2493
                                                                                                                                                #86
                                                                                                                                                Originally posted by davethedope
                                                                                                                                                what's a "homegrown video" anyway? You can't grow a video. I think the name is pretty stupid, actually.
                                                                                                                                                good talk russ
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                                                                                                                                                  • Jakez
                                                                                                                                                    Confirmed User
                                                                                                                                                    • Jan 2004
                                                                                                                                                    • 5656
                                                                                                                                                    #87
                                                                                                                                                    Haha, amazing how many people are against homegrown on this. Really? Homegrownamateurs people. Pretty damn obvious that it's infringing and they are required to protect it even if they don't want to.
                                                                                                                                                    Last edited by Jakez; 02-06-2012, 09:10 PM.
                                                                                                                                                    [email protected] - jakezdumb - 573689400

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                                                                                                                                                      • raymor
                                                                                                                                                        Confirmed User
                                                                                                                                                        • Oct 2002
                                                                                                                                                        • 3745
                                                                                                                                                        #88
                                                                                                                                                        Originally posted by davethedope
                                                                                                                                                        what's a "homegrown video" anyway? You can't grow a video.
                                                                                                                                                        Which is exactly why it's a reasonable trademark / service mark. You can't trademark "homegrown tomatoes", but you you can trademark "Homegrown Video" exactly because videos aren't grown, much less at home. "Homegrown tomatoes" is what they call "merely descriptive". The famous comparison is that you can trademark "Apple Computers" but not "Apple Pie" because Apple's don't have anything to do with computers. "Apple" has meaning in the computer industry ONLY as a brand. "Apple Pie" merely describes the pie.

                                                                                                                                                        Homegrown Video would argue that "Homegrown", when applied to porn, is meaningless except as a brand. The OP would argue that "homegrown" means the same thing as "homemade", so it's merely descriptive of homemade porn. Both would have reasonable arguments, so it would come down to evidence presented about how well known the brand is, etc. It could even be affected by the fact that the judge is a human and if one party was a complete asshat the judge might want to find a way to rule against them. It's happened more than once.
                                                                                                                                                        Last edited by raymor; 02-06-2012, 09:26 PM.
                                                                                                                                                        For historical display only. This information is not current:
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                                                                                                                                                          • bean-aid
                                                                                                                                                            So Fucking Banned
                                                                                                                                                            • Jun 2011
                                                                                                                                                            • 16493
                                                                                                                                                            #89
                                                                                                                                                            It's pretty easy to throw out any talk on a message board in a court. But none the less... interesting reading.

                                                                                                                                                            Here is my stance... homegrown (original) should offer homegrown (trademark infringer) a sweet ass revshare deal to promote homegrown. Make sense?

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                                                                                                                                                              • DWB
                                                                                                                                                                Registered User
                                                                                                                                                                • Jul 2003
                                                                                                                                                                • 31779
                                                                                                                                                                #90
                                                                                                                                                                Originally posted by Far-L
                                                                                                                                                                Well, now that we know how you are going to respond I think it is safe to say that you just dug yourself in pretty deep.

                                                                                                                                                                Yes, we can and do have a trademark on "Homegrown" when it is used in any adult context. Why don't you consult with an attorney and found out how much of a leg you have to stand on before you go incriminating yourself on a message board...

                                                                                                                                                                After you do that... then ask yourself, do you want to do this the hard way or do you want to do this the easy way where it is mutually beneficial?

                                                                                                                                                                You are already on notice so I guess you should already guess that the clock is running on time to decide.

                                                                                                                                                                I have no doubt you own the trademark, but I am a little surprised you got it. That's as vague as someone owning the trademark "homemade" or "uploaded content."

                                                                                                                                                                  Comment

                                                                                                                                                                  • Roald
                                                                                                                                                                    SecretFriends.com
                                                                                                                                                                    • May 2001
                                                                                                                                                                    • 27910
                                                                                                                                                                    #91
                                                                                                                                                                    I support HomeGrown in this case as I think its a pretty obvious one.

                                                                                                                                                                    But god damn FarL get off the board already lol


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                                                                                                                                                                      • EddyTheDog
                                                                                                                                                                        Just Doing My Own Thing
                                                                                                                                                                        • Jan 2011
                                                                                                                                                                        • 25433
                                                                                                                                                                        #92
                                                                                                                                                                        The only thing I don't understand is why Homegrown didn't reg the domain?

                                                                                                                                                                        Seems like an oversight on there part.....

                                                                                                                                                                          Comment

                                                                                                                                                                          • slavdogg
                                                                                                                                                                            Confirmed User
                                                                                                                                                                            • Jan 2001
                                                                                                                                                                            • 3570
                                                                                                                                                                            #93
                                                                                                                                                                            there is another trademark for "homegrown" in the entertainment category,
                                                                                                                                                                            not owned by "homegrown video"
                                                                                                                                                                            but same category as "homegrown video"

                                                                                                                                                                            "
                                                                                                                                                                            Word Mark HOMEGROWN
                                                                                                                                                                            Goods and Services IC 038. US 100 101 104. G & S: Entertainment, namely, broadcasting of radio shows in the field of gardening; and entertainment services, namely, audio streaming and electronic transmission of entertainment media content in the field of gardening. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001
                                                                                                                                                                            IC 041. US 100 101 107. G & S: Entertainment, namely, production of radio shows in the field of gardening; entertainment services, namely, providing a radio program in the field of gardening via a global computer network. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001""

                                                                                                                                                                            By this alone it tells me no one has exclusive right to "homegrown" in the entertainment field. As there are at least 2 companies in the entertainment category with words "homegrown" in it.

                                                                                                                                                                            i dont know, this might not be an open and shut case
                                                                                                                                                                            Adult Traffic for Sale

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                                                                                                                                                                              • Far-L
                                                                                                                                                                                Confirmed User
                                                                                                                                                                                • Feb 2002
                                                                                                                                                                                • 6065
                                                                                                                                                                                #94
                                                                                                                                                                                Ok, back from my hockey game; some of the piss and vinegar has been knocked out of me.

                                                                                                                                                                                To anyone that was offended that I came here to defend against challenges to our trademark, I am deeply sorry. I was posting on this board when a good pissing match was still considered marketing. I know some of you posting here were not around then so you probably don't know how to deal with it. Hopefully you will accept my apology but if not then we certainly can agree to disagree and let bygones be bygones.

                                                                                                                                                                                Even as unpleasant as this may be, we are completely obligated to staunchly defend our brand. That might make me come off like whatever names I have been called here, but seriously, Stocktrader23 actually read our notice and said it was the nicest he has ever seen - because we do offer reasonable and mutually profitable alternative to anything harsh. We would much rather work with people than have to go after them.

                                                                                                                                                                                Now, this is a fact: Homegrown Video was literally the first company to distribute authentic homemade sex videos. PERIOD. That name is now literally synonymous with "homemade adult videos" and that is because of the effort we put into making it so. We have a trademark (#2651798) and anyone is welcome to read it, better yet, have an IP attorney take a look and ask his or her opinion.
                                                                                                                                                                                HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                                                                                                                                                Contact                                                                                                                                                                                 - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                                                                                                                                                                Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                                                                                                                                                                  Comment

                                                                                                                                                                                  • Paul Markham
                                                                                                                                                                                    Too old to care
                                                                                                                                                                                    • Jun 2001
                                                                                                                                                                                    • 52942
                                                                                                                                                                                    #95
                                                                                                                                                                                    Simple answer.

                                                                                                                                                                                    Can icymelon afford to take this to court with a high chance of losing?

                                                                                                                                                                                    If he can, go for it, if not settle quickly. IM what has your lawyer advised?



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                                                                                                                                                                                      • Far-L
                                                                                                                                                                                        Confirmed User
                                                                                                                                                                                        • Feb 2002
                                                                                                                                                                                        • 6065
                                                                                                                                                                                        #96
                                                                                                                                                                                        Originally posted by slavdogg
                                                                                                                                                                                        there is another trademark for "homegrown" in the entertainment category,
                                                                                                                                                                                        not owned by "homegrown video"
                                                                                                                                                                                        but same category as "homegrown video"

                                                                                                                                                                                        "
                                                                                                                                                                                        Word Mark HOMEGROWN
                                                                                                                                                                                        Goods and Services IC 038. US 100 101 104. G & S: Entertainment, namely, broadcasting of radio shows in the field of gardening; and entertainment services, namely, audio streaming and electronic transmission of entertainment media content in the field of gardening. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001
                                                                                                                                                                                        IC 041. US 100 101 107. G & S: Entertainment, namely, production of radio shows in the field of gardening; entertainment services, namely, providing a radio program in the field of gardening via a global computer network. FIRST USE: 20011001. FIRST USE IN COMMERCE: 20011001""

                                                                                                                                                                                        By this alone it tells me no one has exclusive right to "homegrown" in the entertainment field. As there are at least 2 companies in the entertainment category with words "homegrown" in it.

                                                                                                                                                                                        i dont know, this might not be an open and shut case
                                                                                                                                                                                        You don't know. And that example simply makes my point, why don't you pull out an example that refers to adult content? The problem is you won't be able to unless it is ours; so, instead of playing your sophist games, why don't you present a balanced context and post our trademark text too? You obviously took the time to try and find that misleading example so why don't you post our mark so folks can really see the difference.

                                                                                                                                                                                        You don't have an axe to grind do you? Nothing from the past that you would like to share? Come on, get it out and you will feel a whole lot better...
                                                                                                                                                                                        HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                                                                                                                                                        Contact                                                                                                                                                                                         - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                                                                                                                                                                        Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                                                                                                                                                                          Comment

                                                                                                                                                                                          • Far-L
                                                                                                                                                                                            Confirmed User
                                                                                                                                                                                            • Feb 2002
                                                                                                                                                                                            • 6065
                                                                                                                                                                                            #97
                                                                                                                                                                                            Originally posted by beaner
                                                                                                                                                                                            It's pretty easy to throw out any talk on a message board in a court. But none the less... interesting reading.

                                                                                                                                                                                            Here is my stance... homegrown (original) should offer homegrown (trademark infringer) a sweet ass revshare deal to promote homegrown. Make sense?
                                                                                                                                                                                            Of course it makes great sense which is why we do just that. We would always rather work with people than against them. That is put in very clear black and white language in our Notice of Infringement letter.

                                                                                                                                                                                            On a side note though, talk on a message board is often used in court both for and against people and Judges don't necessarily disregard it, even if it did come from a board called "GFY". In fact, oftentimes it provides very clear motive and intent and can be highly pertinent to consideration of damages. Just saying... and I know there are some on this board that will attest to it from personal experience.
                                                                                                                                                                                            HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982.
                                                                                                                                                                                            Contact                                                                                                                                                                                             - Email: farrell AT homegrownvideo D com Skype: hgfarl
                                                                                                                                                                                            Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

                                                                                                                                                                                              Comment

                                                                                                                                                                                              • icymelon
                                                                                                                                                                                                Confirmed User
                                                                                                                                                                                                • Dec 2007
                                                                                                                                                                                                • 3220
                                                                                                                                                                                                #98
                                                                                                                                                                                                Originally posted by Far-L
                                                                                                                                                                                                Ok, this issue is being worked out to everyone's benefit off the board.

                                                                                                                                                                                                Now all you "see them in court" goofballs need to eat some crow. How would you like it? Fried? Half-baked? Or stewing in their own juices?


                                                                                                                                                                                                worked out how? Did you offer payment to buy the domain? I'm confused
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                                                                                                                                                                                                  • epitome
                                                                                                                                                                                                    So Fucking Lame
                                                                                                                                                                                                    • Jun 2009
                                                                                                                                                                                                    • 12156
                                                                                                                                                                                                    #99
                                                                                                                                                                                                    Clear case of infringement.

                                                                                                                                                                                                    Folks need to learn how to use uspto.gov before spewing about a subject they know nothing about.

                                                                                                                                                                                                    Edit: if you don't think this is an infringement, try to start a real estate company called RE/MAX Homes and see how far you get with their attorneys.
                                                                                                                                                                                                    Last edited by epitome; 02-07-2012, 12:43 AM.

                                                                                                                                                                                                      Comment

                                                                                                                                                                                                      • Paul Markham
                                                                                                                                                                                                        Too old to care
                                                                                                                                                                                                        • Jun 2001
                                                                                                                                                                                                        • 52942
                                                                                                                                                                                                        #100
                                                                                                                                                                                                        Originally posted by icymelon
                                                                                                                                                                                                        worked out how? Did you offer payment to buy the domain? I'm confused
                                                                                                                                                                                                        Sorry if I'm confused. I'm old.

                                                                                                                                                                                                        Is this your domain?



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