The Porn Nerd - Pwn3d!

[TheSquealer]

I said right away when you announced that you were changing your identity that obviously Dreamworks contacted you about your trademark infringing domains ahead of the movie release and you called me a liar.

Then your explanation was the insanely implausible and downright insulting notion that you were intentionally destroying the brand you worked so hard to build as part of a plan that had been in place for a long time.

No apology necessary. I'm good.



~~~~~~~~~~

PeabodyCash.com Whois Record

Admin Name: Domain Master
Admin Organization: DreamWorks Animation L.L.C.
Admin Street: 1000 Flower Street
Admin City: Glendale
Admin State/Province: CA
Admin Postal Code: 91201
Admin Country: US
Admin Phone: +1.8186956671
Admin Phone Ext:
Admin Fax: +1.8186953140
Admin Fax Ext:
Admin Email:

[Harmon]

OFF TOPIC

Nice_nick aka banned nexcom28 sucks dick for food stamps.

[LeRoy]

Shit happens!

[Nice_Nick]

On Topic. Harmon is fat fuck that still lives with his mum.

[Penny24Seven]

LOL I called him out for his bullshit before and he blew up on me haha.

[Penny24Seven]

Originally Posted by TheSquealer

I said right away when you announced that you were changing your identity that obviously Dreamworks contacted you about your trademark infringing domains ahead of the movie release and you called me a liar.

Then your explanation was the insanely implausible and downright insulting notion that you were intentionally destroying the brand you worked so hard to build as part of a plan that had been in place for a long time.

No apology necessary. I'm good.



~~~~~~~~~~

PeabodyCash.com Whois Record

Admin Name: Domain Master
Admin Organization: DreamWorks Animation L.L.C.
Admin Street: 1000 Flower Street
Admin City: Glendale
Admin State/Province: CA
Admin Postal Code: 91201
Admin Country: US
Admin Phone: +1.8186956671
Admin Phone Ext:
Admin Fax: +1.8186953140
Admin Fax Ext:
Admin Email:

it was his 5 year plan remember. He planned to work day and night for 5 years and then change the name you idiot. You are all fools. He owns dreamworks

[iSpyCams]

There's a fair chance the deal included him not being able to disclose being hit by a trademark suit.

[candyflip]

Originally Posted by pompousjohn

There's a fair chance the deal included him not being able to disclose being hit by a trademark suit.

Deal, meaning "we're taking your shit and giving you nothing", right?

[iSpyCams]

Originally Posted by candyflip

Deal, meaning "we're taking your shit and giving you nothing", right?

Well most of the trademark suits I've heard of involved the trolling party's lawyer saying something like:

"We want every cent you've ever made from that domain and all related businesses plus x million in punitive damages. But, since we're in a good mood today you can turn the domain over to us in the next 5 minutes and agree not to complain about it to anyone and we'll probably leave it at that."

[alias]

TheSquealer strikes first & strikes hard.

[iSpyCams]

Yeah laugh at somebody else's misfortune, kick 'em while they're down. What a fucking hero.

[TheSquealer]

Originally Posted by alias

TheSquealer strikes first & strikes hard.

http://www.tenzanaikido.com/index.shtml

I went into this place to watch them train out of boredom after seeing the owner at a tournament. He was actually just like that Cobra Kai guy. He looked like him and acted just as bad.

It was really funny and confusing to watch because Aikido is all about peace and love and non-violence with no striking or kicking and it was being run by a complete lunatic who was just screaming at everyone and belittling them. He was also doing the same at tournaments when he'd do demonstrations... he'd randomly start yelling at his own students in front of maybe 1000 people as they were doing a demonstration.

Very bizarre... a little tragic... but also super funny because he looked and acted exactly like the cobra kai dude. Thats all i could think of as I watched him.

[Mediamix]

Not many people in this industry work as hard as The Porn Nerd.. I have nothing but respect for him. Why do you feel the need to start threads like this?

Just a question.

[The Porn Nerd]

My Official Response:
I cannot comment.

My Unofficial Response:
Shit happens.

[Barry-xlovecam]

Check tess (trademark search)
http://tmsearch.uspto.gov/bin/gate.e...801:ha64rh.1.1

Search the term 'peabody' there is a list of live trademarks.
Search the owner name 'dreamworks'

The only reference to the ownership of trademark of MR. PEABODY is Ward Productions, Inc. CORPORATION CALIFORNIA 1638 Babcock Street, Ste. F Costa Mesa CALIFORNIA 92627

Dreamworks may have bought the domain or bluffed ...

From all indications, Dreamworks has to pay the trademark owner Ward Productions a trademark licensing fee.

One thing is certain, Dreamworks does not have the exclusive rights.

Word Mark MR. PEABODY & SHERMAN
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer game discs; video game cartridges, video game discs; prerecorded CDs featuring music and motion picture sound tracks; multimedia software recorded on CD-ROM featuring music, motion picture soundtracks and animated motion pictures; and prerecorded DVDs featuring music and motion picture sound tracks; interactive multimedia software programs containing motion pictures for entertainment; interactive multimedia software for playing games; magnets and sunglasses

IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper party decorations; paper party supplies, namely, paper napkins, paper place mats, gift wrapping paper and paper gift wrapping ribbons, paper gift wrap bows, paper table cloths and paper party bags; children's activity books, children's storybooks, comic books, coloring books, bookmarks, loose leaf binders, stationery-type portfolios, wire-bound notebooks, note pads and writing pads, diaries, daily planners, calendars, scrapbook albums, sketchbook albums, photograph albums, sticker albums, stickers, decals, stamp pads or inking pads, rubber stamps, decals, iron-on transfers, temporary tattoos, slate boards for writing, pencils, pens, pencil erasers, decorative pencil-top ornaments, pen cases and pencil cases, pen boxes and pencil boxes, pencil sharpeners, chalk, markers, posters, postcards, trading cards, greeting cards, pennants made of paper, painting sets for children; arts and craft paint kits; study kits, consisting of pencil erasers, drawing rulers, pencil sharpeners and pencil case, sold together as a unit; stationery packs consisting of writing paper, envelopes, markers, and stencils, sold together as a unit; and activity kits consisting of stickers and rubber stamps, sold together as a unit

IC 025. US 022 039. G & S: Shirts and tops, dresses, skirts, pants, trousers, jeans, shorts, rompers, overalls, sweatshirts and sweatpants, sweat suits, caps and hats, gloves, suspenders, ties, coats and jackets, hosiery, shoes, boots, slippers, pajamas, robes, sleep shirts, sleepwear, underwear, Halloween costumes, and cloth baby bibs

IC 028. US 022 023 038 050. G & S: Action figures and accessories therefor, bathtub toys, kites, toy building blocks, board games, costume masks, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, die cast miniature toy vehicles, dolls, doll accessories, doll clothing, bean bag dolls, bendable play figures, flying discs, inflatable vinyl play figures, jigsaw puzzles, marbles, plush toys, puppets, ride-on toys, skateboards, balloons, roller skates, toy banks, water squirting toys, stuffed toys, toy vehicles, Christmas tree ornaments; pinball machines and toy model hobby craft kits of action figures; playing cards
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85760891
Filing Date October 23, 2012
Current Basis 1B
Original Filing Basis 1B
Published for Opposition April 16, 2013
Owner (APPLICANT) Ward Productions, Inc. CORPORATION CALIFORNIA 1638 Babcock Street, Ste. F Costa Mesa CALIFORNIA 92627
Attorney of Record Sonja Keith
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[alias]

Originally Posted by TheSquealer

Very bizarre... a little tragic... but also super funny because he looked and acted exactly like the cobra kai dude. Thats all i could think of as I watched him.

To be expected I guess, poser control freaks can't ever ninja.

[ruff]

Originally Posted by TheSquealer

I said right away when you announced that you were changing your identity that obviously Dreamworks contacted you about your trademark infringing domains ahead of the movie release and you called me a liar.

Then your explanation was the insanely implausible and downright insulting notion that you were intentionally destroying the brand you worked so hard to build as part of a plan that had been in place for a long time.

No apology necessary. I'm good.



~~~~~~~~~~

PeabodyCash.com Whois Record

Admin Name: Domain Master
Admin Organization: DreamWorks Animation L.L.C.
Admin Street: 1000 Flower Street
Admin City: Glendale
Admin State/Province: CA
Admin Postal Code: 91201
Admin Country: US
Admin Phone: +1.8186956671
Admin Phone Ext:
Admin Fax: +1.8186953140
Admin Fax Ext:
Admin Email:

What's your point? And exactly what is it that you are successful at? Are you another baller webmaster that makes massive amounts of money, but no one really knows exactly how you do it?

[TheSquealer]

Originally Posted by ruff

What's your point? And exactly what is it that you are successful at? Are you another baller webmaster that makes massive amounts of money, but no one really knows exactly how you do it?

My point? Just that a few others and myself pointed out the obvious fact that he had to change his name because dream works was coming after him for trademark infringement and he called me a liar and made up a convoluted, idiotic story about why he was changing it. Forgetting of course that any one who promotes him including you, are also subject to civil action by the rights holders.

That's why you should care.... and each hit you sent makes you legally vulnerable for statutory damages.

Why don't you go register cocacolaporn.com and call yourself Mr Coca Cola, design coca cola logos, upload coca cola videos to YouTube at great expense and build your entire business around trademark iand copyright infringement and subject all of your webmasters to potential civil suits for contributory infringement and keep us updated on how clever you really were and how much work you put into it so we can laugh at your idiocy and shortsighted, immaturity.

[ruff]

Originally Posted by TheSquealer

My point? Just that a few others and myself pointed out the obvious fact that he had to change his name because dream works was coming after him for trademark infringement and he called me a liar and made up a convoluted, idiotic story about why he was changing it. Forgetting of course that any one who promotes him including you, are also subject to civil action.

It's not really any of your business.

Why don't you go register cocacolaporn.com and call yourself Mr Coca Cola, design coca cola logos, upload coca cola videos to YouTube at great expense and build your entire business around trademark iand copyright infringement and subject all of your webmasters to potential civil suits for contributory infringement and keep us updated on how clever you really were and how much work you put into it so we can laugh at your idiocy and shortsighted, immaturity.

You're just another asshole. Just dredging up shit for no real reason. You're obviously not a working webmaster. You got nothing. But you're watching the forum aren't you? All day long.

[TheSquealer]

It's like this industry is ran by semi retarded children sometimes.

[ruff]

Originally Posted by TheSquealer

It's like this industry is ran by semi retarded children sometimes.

Like I said, you are nobody in this business.

[The Porn Nerd]

Originally Posted by TheSquealer

My point?

So other than all of that, kiss my ass.

[TheSquealer]

It should also be said (as mr nerd was surely informed) that if they were to come after affiliates for aiding in and befitting from the infringement on their marks, it typically falls under the civil application of RICO (domain name = counterfeiting trademarks etc) which means not only statutory damages but statutory damages X3, so anyone sending traffic could have judgements against them for 6/7 figures.

But yeah, you're a genius and I am nobody.

[TheSquealer]

The Porn Nerd,

I get that you are a loose canon and irrational - what you did was illegal, plain and simple. Anyone that sent you traffic is also liable. You illegally used someone's protected property and built an enterprise around it. That's not real hard to understand.

[Alex1776]

TheSquealer, are you a content producer? Are you a webmaster, affiliate sending traffic to other programs? Or do you have your own paysite? Or do you work in the industry in some other capacity?

[The Porn Nerd]

Originally Posted by TheSquealer

The Porn Nerd,

I get that you are a loose canon and irrational - what you did was illegal, plain and simple. Anyone that sent you traffic is also liable. You illegally used someone's protected property and built an enterprise around it. That's not real hard to understand.

Loose cannon indeed - I hit the wrong link and deleted the original post. If anyone can get it back I did NOT mean to delete it.

I DID mean to repeat Kiss My Ass tho.

Let me sum this up for you: I am not Coca Cola. But hey thanks for thinking I'm bigger than I am. I'm more like CC Cola. Anyone remember them? :D

[ruff]

Originally Posted by TheSquealer

It should also be said (as mr nerd was surely informed) that if they were to come after affiliates for aiding in and befitting from the infringement on their marks, it typically falls under the civil application of RICO (domain name = counterfeiting trademarks etc) which means not only statutory damages but statutory damages X3, so anyone sending traffic could have judgements against them for 6/7 figures.

But yeah, you're a genius and I am nobody.

Originally Posted by TheSquealer

The Porn Nerd,

I get that you are a loose canon and irrational - what you did was illegal, plain and simple. Anyone that sent you traffic is also liable. You illegally used someone's protected property and built an enterprise around it. That's not real hard to understand.

You are nobody in this business. You are hiding behind a nick and just spouting shit. This board is full of assholes like you. Just so you know who you are to the rest of us. Go Fuck Yourself.

[TheSquealer]

Originally Posted by Alex1776

TheSquealer, are you a content producer? Are you a webmaster, affiliate sending traffic to other programs? Or do you have your own paysite? Or do you work in the industry in some other capacity?

You are asking the wrong questions.

A few you should be asking...

"is using someones well known, registered mark as a domain as the universal resource locator and as a character/mascot identified with a commercial enterprise, a criminal act (counterfeiting the mark and using it for commercial gain)"

"did DreamWorks just send him a C&D/Demand Letter just asking for the domains"

"did DreamWorks and Mr Nerd agree on a settlement"

"if if there was a settlement agreement, did DreamWorks agree to indemnify and hold harmless affiliates for their participation in this criminal act and for also wrongly benefiting from the improper and criminal use of DreamWorks protected marks"

"am i liable in any way for my participation in this criminal act as an affiliate"

"do statutory damages apply in any way to affiliates by way of contributory infringement/contributory liability"

"will i be sued by DreamWorks before the statute of limitations runs out"

These are some important questions to ask that i can think of just off the top of my head...

But then again, he did lie about it all to begin with, so... its pointless to ask and expect a serious and legally responsible reply. So i guess most will just have to wait until the statute of limitations runs out to know the truth.

[TheSquealer]

btw... i'm not an attorney... but i am smart enough to at least think things through.

[The Porn Nerd]

Last comment on this dead issue: affiliates are not affected. So the rest is really none of anyone's business.

Have luck!

[TheSquealer]

Originally Posted by The Porn Nerd

Last comment on this dead issue: affiliates are not affected. So the rest is really none of anyone's business.

Have luck!

You mean... affiliates are not affected yet?

Or you are going on record to say with absolute certainty that neither you or affiliates will be held accountable for both your and their actions and that DreamWorks has given you this assurance in writing ?

Of course, if you were to say that, you would then be liable for that statement as well.

No one is affected until they are....

[HandballJim]

Originally Posted by Barry-xlovecam

Check tess (trademark search)
http://tmsearch.uspto.gov/bin/gate.e...801:ha64rh.1.1

Search the term 'peabody' there is a list of live trademarks.
Search the owner name 'dreamworks'

The only reference to the ownership of trademark of MR. PEABODY is Ward Productions, Inc. CORPORATION CALIFORNIA 1638 Babcock Street, Ste. F Costa Mesa CALIFORNIA 92627

Dreamworks may have bought the domain or bluffed ...

From all indications, Dreamworks has to pay the trademark owner Ward Productions a trademark licensing fee.

One thing is certain, Dreamworks does not have the exclusive rights.

Looking at the trademark data you quoted, it seems to be new? 2012-2013? Wasn't Porn Nerd using that term for several years before 2012-2013? If he was, he could win the trademark case. A trademark needs to be active, and the term was used in commerce. So possibly maybe he was compensated to change his program to Porn Nerd.

[bluebook18]

hmmm interesting topic here, thanks Thesquealer

[Relentless]

Originally Posted by TheSquealer

It should also be said (as mr nerd was surely informed) that if they were to come after affiliates for aiding in and befitting from the infringement on their marks, it typically falls under the civil application of RICO (domain name = counterfeiting trademarks etc) which means not only statutory damages but statutory damages X3, so anyone sending traffic could have judgements against them for 6/7 figures.
But yeah, you're a genius and I am nobody.

Can you cite a case where that has happened? I'm not arguing with you or looking for a pissing contest. I'm simply asking if you know of any instance where an affiliate marketer was forced by court order to pay 3x damages for unwittingly sending traffic to a sponsor that infringed on another mark or brand? I'd be very interested to know more about that case.

You can post it here on contact me off GFY any time. I'm not aware of any instance where anything similar has happened. Thanks.

[georgeyw]

Originally Posted by Relentless

Can you cite a case where that has happened? I'm not arguing with you or looking for a pissing contest. I'm simply asking if you know of any instance where an affiliate marketer was forced by court order to pay 3x damages for unwittingly sending traffic to a sponsor that infringed on another mark or brand? I'd be very interested to know more about that case.

You can post it here on contact me off GFY any time. I'm not aware of any instance where anything similar has happened. Thanks.

[JFK]

Originally Posted by georgeyw

aaaaahhhhhh , soothing, very sooooooothing

[American Psycho]

give him the benefit of the doubt.
very well may have been a legal clause 4 non disclosure or maybe he was embarrassed about being in such a shit situation that was easily avoidable with a bit more business prep.

Either way stop rubbing it in...
Squealy... u seem intellegent go do something more productive than troll the gfy cesspool

[BIGTYMER]

I like your new name much better.

[TheSquealer]

Originally Posted by Relentless

Can you cite a case where that has happened?

To be clear, I didn't say it happened (affiliates being similarly accountable under the law as the primary infringing party). I'm not going to look.

Plenty of affiliates have been sued for secondary infringement outside of adult... i am not sure that RICO would meet the tests and apply under any conditions as from what I am reading, its very gray and complicated. Too lazy to look it up or attempt figure it out. However, that does not mean that the plaintiffs can't simply insist its so, make that claim and sue for that amount anyway, leaving you to have to argue and prove otherwise at your own expense. I would guess they can argue that if you participated in any way to benefit the site(s), being the network was saturated with that name, displayed banners with the words/urls, used watermark videos etc etc etc you'd still be liable.

[TheSquealer]

Originally Posted by American Psycho

Squealy... u seem intellegent go do something more productive than troll the gfy cesspool

Haha.. i'm tryin' and you're right of course. . have a bit of free time and a bit anxious waiting on coders and designers.

[L-Pink]

Squealer is correct.

Although I'm sure the trademark holder weighed the porn association angle of any legal actions which is why nothing probably will happen.


"SECONDARY LIABILITY FOR TRADEMARK AND COPYRIGHT INFRINGEMENT"

http://webcache.googleusercontent.co...&ct=clnk&gl=us


.

[Relentless]

Originally Posted by TheSquealer

To be clear, I didn't say it happened (affiliates being similarly accountable under the law as the primary infringing party). I'm not going to look. Plenty of affiliates have been sued for secondary infringement outside of adult... i am not sure that RICO would meet the tests and apply under any conditions as from what I am reading, its very gray and complicated. Too lazy to look it up or attempt figure it out. However, that does not mean that the plaintiffs can't simply insist its so, make that claim and sue for that amount anyway, leaving you to have to argue and prove otherwise at your own expense. I would guess they can argue that if you participated in any way to benefit the site(s), being the network was saturated with that name, displayed banners with the words/urls, used watermark videos etc etc etc you'd still be liable.

Yeah, that falls under anyone can sue anyone for anything. Which is true, but very different from it happened before and this was the result. Carrying that line of thought to its logical conclusion, if a girl wore a Pepsi shirt in a video any affiliate who sent traffic to that site would be liable under RICO... I don't see that happening, even in light of the recent expansion of RICO to go after Silk Road card number buyers.

I don't expect we will ever know the details of this particular domain transaction, and honestly the only way they matter to anyone beyond porn nerd is if there is some kind of affiliate liability. If there isn't, then it's really nothing more than laundromat gossip about what dreamworks may or may not be up to - so whether there is an affiliate component or not really is all that matters, no?

[johnnyloadproductions]

I think the best example of where this didn't get resolved was Sir Eddie Coates and sundevilangels.com

http://blogs.phoenixnewtimes.com/val...local_porn.php

Poor guy can't get a break from himself or the circumstances he creates for himself. It only stings more because the whole girlsdoporn fiasco eclipsed the brief moment he had for his site.

I remember an affiliate getting an email about a domain that contained sun devils promoting the site.

Of course unlike a program, it's a little harder to rebrand all the content and content domain.

[bean-aid]

Originally Posted by TheSquealer

Haha.. i'm tryin'. Launching some new stuff... have a bit of free time and a bit anxious waiting on coders and designers.

Same tune, different day. I've realized that programmers need to be in house for all of your ideas to become a reality, outsourcing designers is ok... would be great to have them as well.

On a side note though... I think you should back off the trademark drama. If they wanted to squash him, they would have. They simply put out a movie and know the name is going to be searched. So that is that... end of story. There is nothing more to it.

[TheSquealer]

Originally Posted by Relentless

Yeah, that falls under anyone can sue anyone for anything. Which is true, but very different from it happened before and this was the result. Carrying that line of thought to its logical conclusion, if a girl wore a Pepsi shirt in a video any affiliate who sent traffic to that site would be liable under RICO... I don't see that happening, even in light of the recent expansion of RICO to go after Silk Road card number buyers.

Thats not the same at all.

This is more like stealing the pepsi name to sell an unauthorized pepsi drink. Then using that name illegally to market that drink through its use in the registration of the domain and the creation of a character called Pepsi... causing confusion in the market place and benefit from Pepsi's marketing, advertising and branding efforts to promote something not associated with them at all.... and then making that material available to 3rd parties to also profit from.

[Relentless]

Originally Posted by johnnyloadproductions

I think the best example of where this didn't get resolved was Sir Eddie Coates and sundevilangels.com http://blogs.phoenixnewtimes.com/val...local_porn.php Poor guy can't get a break from himself or the circumstances he creates for himself. It only stings more because the whole girlsdoporn fiasco eclipsed the brief moment he had for his site. I remember an affiliate getting an email about a domain that contained sun devils promoting the site. Of course unlike a program, it's a little harder to rebrand all the content and content domain.

I was never involved with any of that, but from what you posted it seems the sponsor may have had an infringing domain, and an affiliate may have also had an infringing domain - not that any infringement by a sponsor was passed through to any affiliate.

If a porn site infringes with Pepsygirls.com and I send traffic from pepsygurl.xxx I'd expect to be in hot water. If I send it from pornsitex.com, I'd be very surprised to learn any ancillary liability would exist and I'd be shocked to see a RICO claim pass through.

I'm asking because I'd very much like to know if it has happened that way.

[Relentless]

Originally Posted by TheSquealer

Thats not the same at all. This is more like stealing the pepsi name to sell an unauthorized pepsi drink. Then using that name illegally to market that drink through its use in the registration of the domain and the creation of a character called Pepsi... causing confusion in the market place and benefit from Pepsi's marketing, advertising and branding efforts to promote something not associated with them at all.... and then making that material available to 3rd parties to also profit from.

Again that has nothing to do with me (or you presumably). You are discussing brand infringement by a sponsor, I have no skin in that fight. It only affects me if it passes through to affiliates. Whether I care or not depends on that fact.

[georgeyw]

Originally Posted by JFK

aaaaahhhhhh , soothing, very sooooooothing

unless there are millions of them...or cicadas

[Relentless]

Originally Posted by L-Pink

Squealer is correct. Although I'm sure the trademark holder weighed the porn association angle of any legal actions which is why nothing probably will happen."SECONDARY LIABILITY FOR TRADEMARK AND COPYRIGHT INFRINGEMENT"http://webcache.googleusercontent.co...&ct=clnk&gl=us
.

Interesting read. Think you.
Any idea what the document date would be?
I didn't see any date on it which is strange.

[TheSquealer]

Originally Posted by Relentless

Again that has nothing to do with me (or you presumably). You are discussing brand infringement by a sponsor, I have no skin in that fight. It only affects me if it passes through to affiliates. Whether I care or not depends on that fact.

You asked question, i answered it as best as i understood. But you are missing the broader point.

I believe that all you have to do is materially contribute to the infringement. I.e. display text links with the mark, banners with the mark, videos with the mark, text with the mark etc etc etc all to benefit both yourself and the direct infringer, where each of you have a direct financial interest in the infringement (i.e. you both benefit from the sales generated), which then creates a secondary liability on your part.