Kink.com Files Trademark Infringement Suit Against Dr. Tuber

[AsianDivaGirlsWebDude]

SAN FRANCISCO?Noted BDSM and fetish producer Kink.com has filed a copyright and trademark infringement lawsuit worth in excess of $10 million against DrTuber.com, Igor Kovalchuk, Extron Worldwide Corporation and Era Technologies Limited. The lawsuit, which was filed April 13 in U.S. Federal Court in the Southern District of Florida, claims that over 70 of Kink.com?s protected works have been infringed by the defendants.

The case is Cybernet Entertainment LLC v. Igor Kovalchuk. Cybernet is the corporate parent for Kink.com. According to the complaint, "Defendant Igor Kovalchuk owns and operates drtuber.com, using a shell corporation called Extron Worldwide Corporation, which is incorporated in Panama."

In a statement issued Monday, Kink.com founder and CEO Peter Acworth commented, ?We will not sit still while others illegally steal and profit from our work. We will protect our work, we will protect our brands, and we will certainly protect our affiliates."

The 55-page complaint contains an exhaustive catalogue of alleged instances of direct infringement that is alleged to have occurred in February 2012.

"On or about January 2012, an initial search of Defendants? website revealed and documented over 75 separate instances of copyright infringement of Plaintiff?s copyrighted and trademarked intellectual property.

As of the date of this Complaint, a total of 75 instances of infringement, identified by name and registration number in the following paragraphs, were documented as being displayed and distributed on DrTuber.com," the complaint states. "Each of these films were displayed and distributed by Defendants and the Doe Defendants, each individually and acting in concert with each other, without the consent of, or licensing by, Cybernet, the copyright owner and registrant of the motion picture."

The complaint also states that "the DrTuber.com website is visited by over 5 million internet surfers per month," and that "Alexa, a website rating service, ranks DrTuber.com as the #319 most visited website in the world."

It continues, "Defendants? website, DrTuber.com, is arguably one of the most visited websites in the world. These enormous numbers of visitors result in Plaintiff?s copyrighted works being viewed thousands or even hundreds of thousands of times on Defendants? website. Defendants proudly display the number of instances in which a particular piece of media has been played on its website as number of 'views.' One video has been viewed over 247,000 times!"

In terms of the accumulated views of Kink.com content, the complaint alleges, "Plaintiff's intellectual property has been viewed over six hundred thousand (600,000) times, available for months and for some videos, years, on Defendants? website. With the enormous amount of internet users on Defendants? website, the number of uncompensated views grows daily thus furthering the number of copyright infringements and contributing to the further dilution of the Plaintiff's trade and service marks."

DrTuber's business model is directly targeted in the complaint. "Defendants pay third parties to send web users, also known as traffic, to Defendants? website," it states. "Defendants currently pay third parties between $1.25 and $1.75 USD for every one thousand (1,000) unique visitors from the United States that are sent to Defendants? website."

Kink also alleges that DrTuber.com allows third parties to display infringed content on third party websites "for the purpose of driving traffic back to DrTuber. DrTuber has enabled this feature by providing an 'embed code' for every video on its site. An internet user can copy and paste the embed code on another website where the video can then be viewed. The number of views displayed on DrTuber does not reflect the number of views on those sites. This significantly increases the number of views."

Adding that "Defendant DrTuber is truly a subscription membership web site hiding behind the veneer of a simple user-generated content exchange site," the complaint argues that the defendants do not qualify for safe harbor protection under the DMCA.

"DrTuber does not initially allow users to view high quality versions of Plaintiff?s films or download Plaintiff?s film to the user?s computer, although a user may view the films by lower quality streaming," the complaint states. "If the Internet user wishes to view the film in High Definition, or download the video, the user is presented with the option of becoming a Premium Member. The website user is presented with a one (1) month Premium Membership for $29.95 that renews every 30 days until cancelled.

"DrTuber," it adds, "uses the services of a Florida-based payment processor, SegPay, to collect credit and debit card payments from users who sign up for a premium membership."

The complaint also alleges that DrTuber.com removed or blurred Kink.com watermarks and logos, "causing consumers to be confused as to the origin of the audio-video content. The manipulation of identifying marks is also evidence of knowledge and intent to infringe Plaintiff?s intellectual property rights."

Kink.com is seeking $10 million in direct and enhanced penalties, the transfer of DrTuber.com and other domains into its possession, attorney fees and other considerations.

Good luck Kink!

ADG

[JFK]

Best of Luck to them
"One video has been viewed over 247,000 times!"

[arock10]

didn't private just fail at suing this guy? not because they were wrong just jurisdiction issues

[nikki99]

[pimpmaster9000]

The best of luck to them. They should swamp pirate tube operators with legal expenses and make them spend most of their time in court win or no win fuck it just make life hard for them until an adequate law gets passed where nobody will process payments for them then they are fucked....

[signupdamnit]

Good luck to them. I doubt they would be doing this if they thought Dr. Tuber was doing them any favors. But I suspect most of us already knew that.

[Mrwww]

Good luck to Peter..

D.

[Socks]

Wouldn't it be wise to call a VP at SegPay and threaten a lawsuit against them as well if they don't stop processing for DrTuber? They'd probably just shut it off if asked by a lawyer from a company the size of Kink, and also because of the shitstorm that would ensue as far as their reputation goes in this industry for refusing.

[bns666]

good luck to kink.com, let's hope that will improve something for affiliates too...

[Matyko]

Good luck!!

[papill0n]

now someone tell the kids who actually runs dr tuber

[TerryM]

It will be great to see how this plays out. Thanks for the support. This is only the beginning

[papill0n]

Originally Posted by Terrykink

It will be great to see how this plays out. Thanks for the support. This is only the beginning

best of luck terry

why don't you tell everyone who owns it

[Hinc]

Fingers crossed for Kink on this one for sure!

[VenusBlogger]

Amazing...

[tonyparra]

Originally Posted by papill0n

best of luck terry

why don't you tell everyone who owns it

why dont you

[globofun]

I hope you guys will flog these fuckers asses bad!

[DamianJ]

Good luck with it terry et al. I agree with whoever mentioned going for the billers for this kind of site too. Don't get how they can do that and show their faces at the shows...

[Just Alex]

Zombaio is processing them now.

[Barry-xlovecam]

Case 0:12-cv-60660-RNS Document 1 Entered on FLSD Docket 04/13/2012 Page 3 of 57

2. Upon information and belief, Defendant Igor Kovalchuk owns and operates www.drtuber.com, using a shell corporation and business address of ERA Technologies Ltd., RG Hodge Plaza Wickhams Cay Road Town, Tortola, British Virgin Islands.

3. Upon information and belief, Defendant Igor Kovalchuk owns and operates www.drtuber.com, using a shell corporation called Extron Worldwide Corporation, which is incorporated in Panama.

4. The Court has personal jurisdiction in this matter pursuant to Fla. Stat. § 48.193, because Defendants have operated, conducted or engaged in, or carried on a business or business venture in this state.

Case 0:12-cv-60660-RNS Document 1 Entered on FLSD Docket 04/13/2012 Page 4 of 57


7. DrTuber has a registered DMCA agent located at 1451 W Cyprus Creek Road Suite 300, Fort Lauderdale, FL 33309..

8. As set forth in further detail below, to collect the proceeds of its copyright infringement enterprise, DrTuber utilizes a third-party payment processor located at 3111 N. University Drive, Suite 1000, Coral Springs, FL 33065. [See Attachment 10 Segpay Contact Page].

http://business.avn.com/articles/leg...nt-472978.html

Interesting approach to jurisdiction over a foreign corporation. I think it a good argument that implies the circumvention of jurisdiction perhaps -- if it works out it's a game changer to this whole problem.

I read the complaint late last week it is very detailed ...

[SilentKnight]

All the power to Peter and the good folks at Kink to bring this infringing scumbag to his knees.

Yours truly,
Affiliate 302

[DaddyHalbucks]

Trademark infringement lawsuits are very expensive.

[Barefootsies]

Originally Posted by DamianJ

Don't get how they can do that and show their faces at the shows...

You must be new to the online adult industry toots.

Perhaps some BRO drinks at the next conference will help you to see the light.

[dillonaire]

Originally Posted by Barefootsies

You must be new to the online adult industry toots.

Perhaps some BRO drinks at the next conference will help you to see the light.

I like BRO drinks!


And hope kink wins this one.

[L-Pink]

Originally Posted by Terrykink

It will be great to see how this plays out. Thanks for the support. This is only the beginning

Whip the shit out of them!

.

[TheSquealer]

Originally Posted by Barry-xlovecam

Interesting approach to jurisdiction over a foreign corporation. I think it a good argument that implies the circumvention of jurisdiction perhaps -- if it works out it's a game changer to this whole problem.

I read the complaint late last week it is very detailed ...

Its very standard stuff. Having a shell company on paper has never provided legal protection when you're factually operating your business somewhere else. His response will argue that its not the proper venue and ask the judge to dismiss the case on those grounds among others.

It's not a game changer at all. It's "Filing a legal complaint 101" and a required component of the complaint.

[TheSquealer]

Originally Posted by DaddyHalbucks

Trademark infringement lawsuits are very expensive.

I think you mean patent lawsuits are expensive. Trademark lawsuits are pretty straight forward. Either infringement occurred, or it didn't. Defendants in patent lawsuits typically have to challenge the validity of the patent itself which is very expensive.

[FreeHugeMovies]

What else does igor own?

[Startzone]

This lawsuit will be kinky ;)

[CurrentlySober]

Originally Posted by L-Pink

Whipe the shit out of them!

.

i like wiping shit...

[Barry-xlovecam]

Originally Posted by TheSquealer

Its very standard stuff. Having a shell company on paper has never provided legal protection when you're factually operating your business somewhere else. His response will argue that its not the proper venue and ask the judge to dismiss the case on those grounds among others.

It's not a game changer at all. It's "Filing a legal complaint 101" and a required component of the complaint.

I guess it went right past you ...

[TheSquealer]

Originally Posted by Barry-xlovecam

I guess it went right past you ...

I guess so. Which part went right past me?

The part where every single legal complaint makes the argument that they have filed the lawsuit in the proper venue and jurisdiction? Or the part where just because you have an offshore shell corp doesn't mean you won't still get sued in the place where you are proven to actually operate your business, as happens all the time when offshore companies are involved? Pretty basic and standard stuff. Not sure what you think is a "game changer" or "interesting" as nothing new is being argued and there is no new strategy being used. The guy gets paid in the US (presumably) and uses US addresses for DMCA notices etc (not necessarily proof of anything at all when its a local agent). So he made himself open to being sued in the US.

[Trend]

Originally Posted by TheSquealer

I think you mean patent lawsuits are expensive. Trademark lawsuits are pretty straight forward. Either infringement occurred, or it didn't. Defendants in patent lawsuits typically have to challenge the validity of the patent itself which is very expensive.

They are all expensive in federal court. However of the three.. you are spot on. TM is the straightest way forward.

[Socks]

Originally Posted by Barefootsies

You must be new to the online adult industry toots.

I don't think processing for them is the bad part as much as choosing to legally defend their choice to process for them would be in this case. If SegPay actually said publicly "No, we're not going to stop processing for them" I think they'd risk losing some of their larger clients based on that decision.

Not a situation where a bunch of people are going to get together and stage a boycott or anything, but I think they'd risk affecting a few people who process with them to change their minds.

[RyuLion]

Mad respects for Peter and the kink crew!

[mikesouth]

Stagliano and Evil Angel also are suing for trademark infringement but in their case its torrent site users.

[TheLegacy]

Best of luck seriously - hard to do much when so much money is at stake for them

[VenusBlogger]

Kinky dollars last month 1:2000

this month is 1:1000

BTW I got a $101.97 sale today but it shows as "BOOKMARK".. what kind of sale can generate that amount? Just wondering...

[TerryM]

Originally Posted by VenusBlogger

Kinky dollars last month 1:2000

this month is 1:1000

BTW I got a $101.97 sale today but it shows as "BOOKMARK".. what kind of sale can generate that amount? Just wondering...

Shoot me an email when you get a chance. I can answer you question. Terry at Kink dot Com

[OY]

Tough to be tubes these days! I like it!

[VenusBlogger]

Originally Posted by Terrykink

Shoot me an email when you get a chance. I can answer you question. Terry at Kink dot Com

email sent.

[AAB]

“We will not sit still while others illegally steal and profit from our work. We will protect our work, we will protect our brands, and we will certainly protect our affiliates."

Protect our affiliates. Yeah right!

[V_RocKs]

Adapt or get fucked in the ass by a big black dildo.

[gideongallery]

so now not using a trademark logo is trademark infringement

this is as desperate an attempt to get around the safe harbor provision as the claim that fair use was anti-competitive.