Kick Ass Pictures is trying to steal my Web site! - GoFuckYourself.com

AJHall · 06-22-2006, 09:13 PM

http://www.xbiz.com/pressrelease_piece.php?id=15626

I was contacted today by their webmaster and asked to turn over my domain www.kickassgalleries.com

I did a search for the trademark and he registered "Kick Ass Pictures"
http://tess2.uspto.gov/bin/showfield...te=r32rcp.3.15

Below is the email I got:

----Original Message-----
From: Vic - Kick Ass Pictures [mailto:[email protected]]
Sent: Thursday, June 22, 2006 2:14 PM
To: AJ Kick Ass Galleries
Subject: Domain Name

AJ,

The owner of the company, Mark Kulkis, has recently completed
trademarking of the name and logo.

http://www.avn.com/index.php?
Primary_Navigation=Articles&Action=View_Article&Co ntent_ID=270288
http://www.xbiz.com/pressrelease_piece.php?id=15626

So he wants to get the name kickassgalleries.com from you. I told him
who you are and that we have spoken amicably in the past. He let me
offer you $450 for the name and a month to transition your sponsors,
etc. out of "kickassgalleries.com" into whatever other domain name
you would want.

Let me know.

Yours,
Vic

Kick Ass Cash
http://www.kickasscash.biz

--------------------------------------

Should I be worried about losing my site?

Seems like they have no claim since my domain is totally different from the logo and text they trademarked but I dunno.

SetTheWorldonFire · 06-22-2006, 09:15 PM

That's just wrong.

How long you have that site up for?

jerzeemedia · 06-22-2006, 09:17 PM

Wow, talk about a lowball and cheap way of doing business.

Daruma · 06-22-2006, 09:18 PM

$450 is way to low of an offer
they should offer you a job

babymaker · 06-22-2006, 09:20 PM

fuck em.... kick ass is such a generic term used for like 20 + years in the general vocabulary...not a chance. Havent you been around longer with the domain??

That is low down

HushMoney · 06-22-2006, 09:23 PM

talk to a trademark lawyer

wargames · 06-22-2006, 09:23 PM

tell him to fuck off

summerland · 06-22-2006, 09:24 PM

you want to buy rolexgirls.com?

pocketkangaroo · 06-22-2006, 09:25 PM

It'd be a tough one. Since you are not trying to profit from their name, I think it would be tough on their part to win. It'll cost them a lot of money to get it, so I think you may be better off asking for $10,000+ for the domain.

Daruma · 06-22-2006, 09:26 PM

i don't know vic but and his content seems to be good

however

from his sites it seems that he likes to rip off things - if your open to sell i would give him a way higher figure 12+ months of your monthly revenue or more, if not - fight it

ipod

nba

Ferrishyn · 06-22-2006, 09:26 PM

As far as what I know about it I think you're ok if you really want to fight it out. Since you were operating this site before they trademarked "Kick Ass Pictures" I think there is no case.

"The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:

* Names that identify the source of products or services in the marketplace are trademarks.
* Trademarks that are clever, memorable or suggestive are protected under federal and state law.
* Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law.
* One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.
* In case of a legal conflict with a later user, the first commercial user of a trademark owns it.
* If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages."

I'm not a lawyer but I have spent a lot of time looking into this for my clients.

AJHall · 06-22-2006, 09:26 PM

Quote:

Originally Posted by Daruma

$450 is way to low of an offer
they should offer you a job

My concern is whether they have any valid claim to my sites . . . but . . .

Irony:
I had an interview for a webmaster position lined up with them a few years back but the drive was like an hour and a half each way and the pay was about 1/3 of what I was making so I didn't want to waste anyone's time and passed on the gig to keep freelance designing for clients. It seemed like a solid company and the owner seemed really cool so this domain and trademark move kinda surprised me.

Also ironic, I got this email from their webmaster just a couple weeks ago:

> -----Original Message-----
> From: Vic - Kick Ass Pictures [mailto:[email protected]]
> Sent: Thursday, June 08, 2006 12:54 PM
> To: [email protected]
> Subject: Kick Ass Pictures...
>
> Hi AJ,
>
> This is Vic, the webmaster for Kick Ass Pictures. I'd really like to
> partner up with you and regularly contribute content / galleries to
> your site. Please drop me a line and let me know what kind of
> specifications you have, and also what you would like from me to do
> the best promo possible. I'll be happy to put together whatever you
> need on a regular basis.
>
> Thanks,
> Vic
>
> - - - - - - - - - - - - - - - - - - - - - -
> KickAss Vic
> Webmaster
> KickAss Pictures, Inc.

AJHall · 06-22-2006, 09:28 PM

They have "KICK ASS PICTURES" TM

I have "kickassgalleries.com"

How can they claim they have the right to my domain? Doesn't make sense to me.

mikesouth · 06-22-2006, 09:29 PM

hmmm I own kickassdvd and kickassdvds.com

how much do I get...because I like kulkis I have forwarded the domains but hell if I can sell em they are all yours...

DateDoc · 06-22-2006, 09:30 PM

Looks like the trademark is registered for "kick ass pictures" not the words "kick ass"

Daruma · 06-22-2006, 09:31 PM

so you never got a letter from a lawyer just from them directly?

that says shit to be honest - again if your open to sell then shoot them back a really high figure - they have some cash in the bank for sure if they really have such a hardon for your site then they might pay

MaddCaz · 06-22-2006, 09:32 PM

$450 is MAD low

Devils_Child · 06-22-2006, 09:36 PM

I am no lawyer.. But I would have to agree with what Ferrishyn said.

Since you made the site or bought the site before the trademark, then I dont think it applys to any laws. I COULD BE WRONG!

But this is just wrong. How can they be budddddy budddddy two weeks earlier and want to partner up with you for content stuff. Then turn around and hit you with this?

Personaly I think this is an attack on you. I know I would take it my self as one. Maybe they want the domain for some reason and now they are trying to take it any means possible. I dont know.

Still pretty shitty man. I would deffently ask a lawyer on what you can do, say or even if they can in court take the domain. I would have to say they couldnt but I am no lawyer.

pocketkangaroo · 06-22-2006, 09:38 PM

Trademark was filed in 2002 guys.

Devils_Child · 06-22-2006, 09:38 PM

Quote:

Originally Posted by AJHall

They have "KICK ASS PICTURES" TM

I have "kickassgalleries.com"

How can they claim they have the right to my domain? Doesn't make sense to me.

Maybe they think there TM does give them the right. I dont know. Cause I doubt anyone can pick up Kick Ass. Cause its so highly used.

Devils_Child · 06-22-2006, 09:40 PM

Quote:

Originally Posted by pocketkangaroo

Trademark was filed in 2002 guys.

Oh missed that part... But even still they had all this time and didnt say anything at all. Seems just odd for me.

pocketkangaroo · 06-22-2006, 09:43 PM

The problem with trademark laws is that they are very vague. One judge could view it one way and another the complete opposite. Personally, being involved in a few in the past, I don't think they'd have much of a case. It looks like the trademark is on the logo and "Kick Ass Pictures". I also don't think they enter an area where KickAssGalleries is trying to profit from the name.

If you want to be technical, Chuck Norris could sue you all for using the term Kick Ass.

pornguy · 06-22-2006, 09:44 PM

I would tell them to make you an offer you could not refuse. Or maybe rent it to them on a monthly basis.

sinclair · 06-22-2006, 09:47 PM

I would ask for $10k and a blow job from Mary Carey.

Sinclair

Bruce_Miller · 06-22-2006, 09:48 PM

Yeah, $450 is an insult! You have made your own way with your name, not using any likness of anything they have, and there is no confusion between what you offer and what they offer. Sounds to me like they just want to add to the list of domains they own. I don't think they have a case, especially since your domain name is not the same as their trade mark.

masterporndude · 06-22-2006, 09:49 PM

If you search the registrar on trademarks Kickasspictures is trademarked however kick ass galleries is not
http://tess2.uspto.gov/bin/gate.exe?...ate=6bh7l0.1.1
I dont see how you would be in any kind of peril kick isnt trademarked ass isnt trademarked and pictures isnt trademarked and if you know much lagalise it appears to read in his paperwork as if he has only registered the
Stars with seven or more points
01.15.04 - Explosions; Fireworks display; Sparks
26.15.28 - Miscellaneous designs with overall polygon shape; Polygonal shapes (miscellaneous overall shape)
with the words kick ass pictures on the image making it a logo trademark which doesnt mean he has actually registered the words themselves. But I am no trademark lawyer I would contact Chad of Chad Knows Law
He deals with adult laws mostly I am sure he can point you in the right direction

AJHall · 06-22-2006, 09:53 PM

All good points and honestly, if I got a reasonable email from them with a fair offer or an invitation to negotiate for the sale of all of my "kick ass" domains of which I own a few I would happily agree to work something out that would benefit us all.

Sending me an email and expecting me to hand over something I've been working on for years and offering me $450 was an insult.

The point is he has the tm for kick ass pictures and not "kick ass" so I don't see how I can be expected to hand over domain.

Daruma · 06-22-2006, 09:56 PM

one thing you might want todo is send them a link and the text to this thread

Pron Don · 06-22-2006, 10:03 PM

i wouldnt have anything to do with them

AJHall · 06-22-2006, 10:09 PM

They have $ so I'm sure they have an atty advising them that it's ok to do this and they have the right to the domain.

It's a case of a bigger company trying to bully a webmaster but seems like a bad way to run a cash program . . . steal the tgp of your affiliates because you like their domain name.

Big_Red · 06-22-2006, 10:13 PM

I call bullshit. Fuck them fuck them fuck them. If you need a good trademark attorney hit me up AJ. I got connections yo.

NoWhErE · 06-22-2006, 10:28 PM

Read carefully his email. It doesn't say anywhere that he owns the rights to kickass galleries... it just says that he bought the trademark, and, from the wording of his email, the guy would be interested in purchasing your site because it fits in with his recent trademark aquisition.

There is no threat whatsoever.

He just made a pitiful offer.

Tell him that the offer is kind but you would not part with the domain for less than $xx xxx

06-22-2006, 10:37 PM

He can't trade mark "kick ass" since it is used way to much to have a trade mark on it by anyone. They can not demand that you change the name and url of your website. He has only trademarked "kick ass pictures". He has no rights to your website or name.

Love Sex · 06-22-2006, 10:42 PM

#1 do not go into any conversions about money or selling at all. Tell then your not interested and if you are get agreement through a lawyer.

#2 your not infringing on any thing of theres

#3 Kiss ass is a generic term

First get a lawyer who specializes in this and you most likely Kiss Ass in court.

The domain dispute alone through icann cost them $1000

GTS Mark · 06-22-2006, 10:47 PM

Haha funny stuff, I actually e-mailed a guy named "Vic" about selling my domain kickassporno.com. It used to be an old submitting domain and i figured shit I would let the guy have it if he wanted it for maybe $500-1000 because there was several thousand uniques a day coming in from old gallery submits.

Then he sends me this letter back

"Mark,

Since our successful trademarking of "Kick Ass" our owner is going after adult space "kick ass" domain names. Please contact me about selling us the name as I'm sure if you don't he will hand it off to our lawyer and it will become a pain in the ass.

http://www.avn.com/index.php?Primary...tent_ID=270288

http://www.xbiz.com/pressrelease_piece.php?id=15626

Yours,
Vic"

I just sent him back this

"Vic, Ihahaha8217;ll be happy to sell you the domain.

The price is 10k Firm.

This domain was registered 3+ years ago, so it pre-dates your hahaha8220;trademarkhahaha8221;.

Regards,

Mark"

LOL! What a dipshit, you can almost always get more bees with honey instead of vinegar.

DH

GTS Mark · 06-22-2006, 10:54 PM

Quote:

Originally Posted by AJHall

http://www.xbiz.com/pressrelease_piece.php?id=15626

I was contacted today by their webmaster and asked to turn over my domain www.kickassgalleries.com

I did a search for the trademark and he registered "Kick Ass Pictures"
http://tess2.uspto.gov/bin/showfield...te=r32rcp.3.15

Below is the email I got:

----Original Message-----
From: Vic - Kick Ass Pictures [mailto:[email protected]]
Sent: Thursday, June 22, 2006 2:14 PM
To: AJ Kick Ass Galleries
Subject: Domain Name

AJ,

The owner of the company, Mark Kulkis, has recently completed
trademarking of the name and logo.

http://www.avn.com/index.php?
Primary_Navigation=Articles&Action=View_Article&Co ntent_ID=270288
http://www.xbiz.com/pressrelease_piece.php?id=15626

So he wants to get the name kickassgalleries.com from you. I told him
who you are and that we have spoken amicably in the past. He let me
offer you $450 for the name and a month to transition your sponsors,
etc. out of "kickassgalleries.com" into whatever other domain name
you would want.

Let me know.

Yours,
Vic

Kick Ass Cash
http://www.kickasscash.biz

--------------------------------------

Should I be worried about losing my site?

Seems like they have no claim since my domain is totally different from the logo and text they trademarked but I dunno.

AJ, tell him to get fucked.

DH

Big_Red · 06-22-2006, 11:01 PM

Quote:

Originally Posted by DrinkingHARDEST

AJ, tell him to get fucked.

DH

Short and sweet.

Webby · 06-22-2006, 11:06 PM

Quote:

Originally Posted by DrinkingHARDEST

AJ, tell him to get fucked.

DH

Saved me typing that!

Webby · 06-22-2006, 11:10 PM

Quote:

?It feels great to be official,? Kick Ass President Mark Kulkis said. ?There are a few other companies in the business, especially on the Internet, that are using the name ?Kick Ass.? Obviously, we?re now going to go after all of them people and make sure they ceases and desist.

This guy needs a red hot poker up his tight ass - then kicked into the ocean - just to make it "official".

AJHall · 06-22-2006, 11:13 PM

DH - Thanks Bro.

The fucked up part is that I liked what Mark had going on, obviously or I wouldn't have wanted to work for him and replied to his job ad years back.

The content is good, Mark seemed like a guy with good ideas and some vision, I would have been up for selling him all my sites, fully intact, and even stayed on to run them for him.

dynastoned · 06-22-2006, 11:20 PM

tell that guy to fuck off. hes bluffing throwing around that bullshit..

Pinklinkz · 06-22-2006, 11:38 PM

sorry to burst your bubble but why do you think WWF is now WWE
and they had Million$$$ behind them

Ask for a stupid figure, then go register more kick ass domains
lol

FreeHugeMovies · 06-22-2006, 11:41 PM

This guy is an idiot.

Sebastian Sands · 06-22-2006, 11:48 PM

This Vic guy is always on another board and not even to long ago he was asking other webmasters for all kinds of advice, from designs to anything else.. Mary Carey is also not under contract with them anymore as far as I know. It seems they are trying to play poker here..

Pleasurepays · 06-23-2006, 12:12 AM

steve cohen was pretty successful going after anyone with "sex" in their domain name... way back when. its a gray area for sure.

Kenny B! · 06-23-2006, 04:28 AM

Talk to a lawyer, I believe because you had the name before the trademark you should be all good. What a peice of shit the guy is, talk about bad PR

Lycanthrope · 06-23-2006, 04:43 AM

Tell him to fuck himself and perhaps let him know that The NBA wouldn't appreciate them using this...

en21 · 06-23-2006, 04:43 AM

I hate this shit

Violetta · 06-23-2006, 04:44 AM

tell him to go eat a goat. Or get him pay WAY more than 450 lausy dollars. If he really want this domain, he has to pay!

frank7799 · 06-23-2006, 04:59 AM

Just did a research in the register. It´s a combined trademark (design + words, letters and numbers). This means that only the combination itself is protected. The words and letters the trademark consists of are not. That´s a fact for European trademarks. i´m not familiar with US trademarks, but I think it´s pretty much the same, as there are internatinal agreements about trademarks. So I think you will have a good chance to keep your site.

To be sure you HAVE TO contact a specialised US trademark lawyer.

06-22-2006, 09:18 PM	#4
Daruma Confirmed User Join Date: Nov 2002 Location: PandaLand™ Posts: 3,494	$450 is way to low of an offer they should offer you a job __________________ RIP TD

06-22-2006, 09:20 PM	#5
babymaker Confirmed User Industry Role: Join Date: Jan 2004 Location: philly Posts: 4,751	fuck em.... kick ass is such a generic term used for like 20 + years in the general vocabulary...not a chance. Havent you been around longer with the domain?? That is low down __________________ $99mo Hosted CMS From ElevatedX! ICQ 293125596

06-22-2006, 09:23 PM	#6
HushMoney Confirmed User Industry Role: Join Date: Apr 2005 Location: Hermosa Beach & Miami, FL. Posts: 2,256	talk to a trademark lawyer __________________ Hushmoney.com Interracialpass Hushpass

06-22-2006, 09:23 PM	#7
wargames Kliris Join Date: May 2003 Location: ca Posts: 10,423	tell him to fuck off __________________ ICQ 212-115-582 Email Steve at Vas Media Group .com

06-22-2006, 09:26 PM	#10
Daruma Confirmed User Join Date: Nov 2002 Location: PandaLand™ Posts: 3,494	i don't know vic but and his content seems to be good however from his sites it seems that he likes to rip off things - if your open to sell i would give him a way higher figure 12+ months of your monthly revenue or more, if not - fight it ipod nba __________________ RIP TD

06-22-2006, 09:13 PM	#1
AJHall Confirmed User Industry Role: Join Date: Nov 2002 Location: Southern California Posts: 1,306	Kick Ass Pictures is trying to steal my Web site! http://www.xbiz.com/pressrelease_piece.php?id=15626 I was contacted today by their webmaster and asked to turn over my domain www.kickassgalleries.com I did a search for the trademark and he registered "Kick Ass Pictures" http://tess2.uspto.gov/bin/showfield...te=r32rcp.3.15 Below is the email I got: ----Original Message----- From: Vic - Kick Ass Pictures [mailto:[email protected]] Sent: Thursday, June 22, 2006 2:14 PM To: AJ Kick Ass Galleries Subject: Domain Name AJ, The owner of the company, Mark Kulkis, has recently completed trademarking of the name and logo. http://www.avn.com/index.php? Primary_Navigation=Articles&Action=View_Article&Co ntent_ID=270288 http://www.xbiz.com/pressrelease_piece.php?id=15626 So he wants to get the name kickassgalleries.com from you. I told him who you are and that we have spoken amicably in the past. He let me offer you $450 for the name and a month to transition your sponsors, etc. out of "kickassgalleries.com" into whatever other domain name you would want. Let me know. Yours, Vic Kick Ass Cash http://www.kickasscash.biz -------------------------------------- Should I be worried about losing my site? Seems like they have no claim since my domain is totally different from the logo and text they trademarked but I dunno. __________________ Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

06-22-2006, 09:15 PM	#2
SetTheWorldonFire Confirmed User Industry Role: Join Date: Feb 2002 Location: California Posts: 7,444	That's just wrong. How long you have that site up for? __________________ www.STWOFDesign.com hit me up on icq 154206276 or Skype: JaimeGizzle

06-22-2006, 09:17 PM	#3
jerzeemedia Confirmed User Industry Role: Join Date: May 2004 Location: New Jersey Posts: 1,532	Wow, talk about a lowball and cheap way of doing business. __________________ Free Adult Blog Hosting http://www.waqn.com free porn www.mojohost.com - Best guys, best host.

06-22-2006, 09:24 PM	#8
summerland So Fucking Banned Join Date: Jun 2006 Posts: 162	you want to buy rolexgirls.com?

06-22-2006, 09:25 PM	#9
pocketkangaroo Confirmed User Join Date: Jan 2005 Location: Chicago, IL Posts: 8,452	It'd be a tough one. Since you are not trying to profit from their name, I think it would be tough on their part to win. It'll cost them a lot of money to get it, so I think you may be better off asking for $10,000+ for the domain.

06-22-2006, 09:26 PM	#11
Ferrishyn Registered User Join Date: Nov 2005 Posts: 28	As far as what I know about it I think you're ok if you really want to fight it out. Since you were operating this site before they trademarked "Kick Ass Pictures" I think there is no case. "The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand: * Names that identify the source of products or services in the marketplace are trademarks. * Trademarks that are clever, memorable or suggestive are protected under federal and state law. * Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law. * One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source. * In case of a legal conflict with a later user, the first commercial user of a trademark owns it. * If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages." I'm not a lawyer but I have spent a lot of time looking into this for my clients.

06-22-2006, 09:28 PM	#13
AJHall Confirmed User Industry Role: Join Date: Nov 2002 Location: Southern California Posts: 1,306	They have "KICK ASS PICTURES" TM I have "kickassgalleries.com" How can they claim they have the right to my domain? Doesn't make sense to me. __________________ Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

06-22-2006, 09:29 PM	#14
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	hmmm I own kickassdvd and kickassdvds.com how much do I get...because I like kulkis I have forwarded the domains but hell if I can sell em they are all yours... __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

06-22-2006, 09:30 PM	#15
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	Looks like the trademark is registered for "kick ass pictures" not the words "kick ass"

06-22-2006, 09:31 PM	#16
Daruma Confirmed User Join Date: Nov 2002 Location: PandaLand™ Posts: 3,494	so you never got a letter from a lawyer just from them directly? that says shit to be honest - again if your open to sell then shoot them back a really high figure - they have some cash in the bank for sure if they really have such a hardon for your site then they might pay __________________ RIP TD

06-22-2006, 09:32 PM	#17
MaddCaz Confirmed User Join Date: Mar 2006 Location: Illinois Posts: 9,483	$450 is MAD low __________________ BigCocks.com - MatureWomen.com - Tranny.com - DrunkGirls.com - TeenGirls.com - MonsterCock.com and many more... Click here to see them all!

06-22-2006, 09:36 PM	#18
Devils_Child Confirmed User Join Date: Jul 2002 Posts: 534	I am no lawyer.. But I would have to agree with what Ferrishyn said. Since you made the site or bought the site before the trademark, then I dont think it applys to any laws. I COULD BE WRONG! But this is just wrong. How can they be budddddy budddddy two weeks earlier and want to partner up with you for content stuff. Then turn around and hit you with this? Personaly I think this is an attack on you. I know I would take it my self as one. Maybe they want the domain for some reason and now they are trying to take it any means possible. I dont know. Still pretty shitty man. I would deffently ask a lawyer on what you can do, say or even if they can in court take the domain. I would have to say they couldnt but I am no lawyer. __________________ Add your blog to Teen XXX Blog! Add your blog to Nubiles Teens XXX Blog! Add your blog to Web Cam XXX Blog!

06-22-2006, 09:38 PM	#19
pocketkangaroo Confirmed User Join Date: Jan 2005 Location: Chicago, IL Posts: 8,452	Trademark was filed in 2002 guys.

06-22-2006, 09:43 PM	#22
pocketkangaroo Confirmed User Join Date: Jan 2005 Location: Chicago, IL Posts: 8,452	The problem with trademark laws is that they are very vague. One judge could view it one way and another the complete opposite. Personally, being involved in a few in the past, I don't think they'd have much of a case. It looks like the trademark is on the logo and "Kick Ass Pictures". I also don't think they enter an area where KickAssGalleries is trying to profit from the name. If you want to be technical, Chuck Norris could sue you all for using the term Kick Ass.

06-22-2006, 09:44 PM	#23
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	I would tell them to make you an offer you could not refuse. Or maybe rent it to them on a monthly basis. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

06-22-2006, 09:47 PM	#24
sinclair Confirmed User Industry Role: Join Date: Aug 2004 Posts: 1,431	I would ask for $10k and a blow job from Mary Carey. Sinclair __________________ -- skype:vmgsinclair "Imagine a world in which every single person on the planet is given free access to the sum of all human sex."

06-22-2006, 09:48 PM	#25
Bruce_Miller Confirmed User Join Date: Mar 2004 Location: 4REALCASH.COM Posts: 783	Yeah, $450 is an insult! You have made your own way with your name, not using any likness of anything they have, and there is no confusion between what you offer and what they offer. Sounds to me like they just want to add to the list of domains they own. I don't think they have a case, especially since your domain name is not the same as their trade mark.

06-22-2006, 09:49 PM	#26
masterporndude Registered User Join Date: Aug 2005 Posts: 60	If you search the registrar on trademarks Kickasspictures is trademarked however kick ass galleries is not http://tess2.uspto.gov/bin/gate.exe?...ate=6bh7l0.1.1 I dont see how you would be in any kind of peril kick isnt trademarked ass isnt trademarked and pictures isnt trademarked and if you know much lagalise it appears to read in his paperwork as if he has only registered the Stars with seven or more points 01.15.04 - Explosions; Fireworks display; Sparks 26.15.28 - Miscellaneous designs with overall polygon shape; Polygonal shapes (miscellaneous overall shape) with the words kick ass pictures on the image making it a logo trademark which doesnt mean he has actually registered the words themselves. But I am no trademark lawyer I would contact Chad of Chad Knows Law He deals with adult laws mostly I am sure he can point you in the right direction __________________ Buy Theirs Sell Yours

06-22-2006, 09:53 PM	#27
AJHall Confirmed User Industry Role: Join Date: Nov 2002 Location: Southern California Posts: 1,306	All good points and honestly, if I got a reasonable email from them with a fair offer or an invitation to negotiate for the sale of all of my "kick ass" domains of which I own a few I would happily agree to work something out that would benefit us all. Sending me an email and expecting me to hand over something I've been working on for years and offering me $450 was an insult. The point is he has the tm for kick ass pictures and not "kick ass" so I don't see how I can be expected to hand over domain. __________________ Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

06-22-2006, 09:56 PM	#28
Daruma Confirmed User Join Date: Nov 2002 Location: PandaLand™ Posts: 3,494	one thing you might want todo is send them a link and the text to this thread __________________ RIP TD

06-22-2006, 10:03 PM	#29
Pron Don Internet Entrepeneur Join Date: Jun 2006 Posts: 572	i wouldnt have anything to do with them __________________ Sig currently being donated to science. don of pron at gmail dot com

06-22-2006, 10:09 PM	#30
AJHall Confirmed User Industry Role: Join Date: Nov 2002 Location: Southern California Posts: 1,306	They have $ so I'm sure they have an atty advising them that it's ok to do this and they have the right to the domain. It's a case of a bigger company trying to bully a webmaster but seems like a bad way to run a cash program . . . steal the tgp of your affiliates because you like their domain name. __________________ Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

06-22-2006, 10:13 PM	#31
Big_Red Confirmed User Join Date: Jun 2006 Location: Do you care? Posts: 4,147	I call bullshit. Fuck them fuck them fuck them. If you need a good trademark attorney hit me up AJ. I got connections yo. __________________ 60% Revshare. http://www.boobycash.com We got the boobs and the cash! ICQ 198-580-197 24/7 support

06-22-2006, 10:28 PM	#32
NoWhErE Too lazy to set a custom title Industry Role: Join Date: Sep 2005 Location: Canada Posts: 10,387	Read carefully his email. It doesn't say anywhere that he owns the rights to kickass galleries... it just says that he bought the trademark, and, from the wording of his email, the guy would be interested in purchasing your site because it fits in with his recent trademark aquisition. There is no threat whatsoever. He just made a pitiful offer. Tell him that the offer is kind but you would not part with the domain for less than $xx xxx __________________ skype: lordofthecameltoe

06-22-2006, 10:37 PM	#33
JaneB Guest Posts: n/a	He can't trade mark "kick ass" since it is used way to much to have a trade mark on it by anyone. They can not demand that you change the name and url of your website. He has only trademarked "kick ass pictures". He has no rights to your website or name.

06-22-2006, 10:42 PM	#34
Love Sex Confirmed User Join Date: Nov 2004 Posts: 1,905	#1 do not go into any conversions about money or selling at all. Tell then your not interested and if you are get agreement through a lawyer. #2 your not infringing on any thing of theres #3 Kiss ass is a generic term First get a lawyer who specializes in this and you most likely Kiss Ass in court. The domain dispute alone through icann cost them $1000

06-22-2006, 10:47 PM	#35
GTS Mark Vrume Mark Industry Role: Join Date: Jan 2001 Location: Toronto, Canada Posts: 20,912	Haha funny stuff, I actually e-mailed a guy named "Vic" about selling my domain kickassporno.com. It used to be an old submitting domain and i figured shit I would let the guy have it if he wanted it for maybe $500-1000 because there was several thousand uniques a day coming in from old gallery submits. Then he sends me this letter back "Mark, Since our successful trademarking of "Kick Ass" our owner is going after adult space "kick ass" domain names. Please contact me about selling us the name as I'm sure if you don't he will hand it off to our lawyer and it will become a pain in the ass. http://www.avn.com/index.php?Primary...tent_ID=270288 http://www.xbiz.com/pressrelease_piece.php?id=15626 Yours, Vic" I just sent him back this "Vic, Ihahaha8217;ll be happy to sell you the domain. The price is 10k Firm. This domain was registered 3+ years ago, so it pre-dates your hahaha8220;trademarkhahaha8221;. Regards, Mark" LOL! What a dipshit, you can almost always get more bees with honey instead of vinegar. DH

06-22-2006, 11:13 PM	#40
AJHall Confirmed User Industry Role: Join Date: Nov 2002 Location: Southern California Posts: 1,306	DH - Thanks Bro. The fucked up part is that I liked what Mark had going on, obviously or I wouldn't have wanted to work for him and replied to his job ad years back. The content is good, Mark seemed like a guy with good ideas and some vision, I would have been up for selling him all my sites, fully intact, and even stayed on to run them for him. __________________ Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

06-22-2006, 11:20 PM	#41
dynastoned mmm yeah! Industry Role: Join Date: Feb 2005 Location: roseville, ca Posts: 5,061	tell that guy to fuck off. hes bluffing throwing around that bullshit..

06-22-2006, 11:38 PM	#42
Pinklinkz Confirmed User Join Date: Nov 2005 Posts: 658	sorry to burst your bubble but why do you think WWF is now WWE and they had Million$$$ behind them Ask for a stupid figure, then go register more kick ass domains lol __________________ Link Exchanges Wanted www.pinklinkz.com