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-   -   Kick Ass Pictures is trying to steal my Web site! (https://gfy.com/showthread.php?t=624999)

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...

http://www.10mancumslam.com/_graphics/v2/sportLogo.gif

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. Itīs 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. Thatīs a fact for European trademarks. iīm not familiar with US trademarks, but I think itīs 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.

woj 06-23-2006 04:59 AM

50,....... :arcadefre

georgeyw 06-23-2006 05:01 AM

Quote:

Originally Posted by NoWhErE
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

that's the vibe I gotfrom reading the email too. I couldn't see where he laid claim to the domain, other than making a seriously low offer on it.

BlackCrayon 06-23-2006 05:22 AM

what a delusional moron. i hate people who think they own anything with their name in it online.

JMM 06-23-2006 06:17 AM

You really really really really should talk to a lawyer. So far, the advice given could get you sued and arrested.

Slick 06-23-2006 09:19 AM

Quote:

Originally Posted by NoWhErE
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

Hmmm..... that's actually a good point. If you think about it, if he had the trademark for it and wanted the domain, he wouldn't offer money, he'd demand that the domain be handed over otherwise there'd be legal action.

Linkster 06-23-2006 10:36 AM

AJ - dont reply to him and DONT offer to sell the domain - you will lower your standing with the UDRP process if you do - but like the other advice - if you ever really get a legal C & D - hand it over to a good domain lawyer - and I am pretty sure that the lawyer will reply to them to follow the UDRP proceedings if they really want the domain - which based on decisions Ive read they wont come close to getting it anyway.

QuaWee 06-23-2006 11:13 AM

just talk to a lawyer.

pocketkangaroo 06-23-2006 11:16 AM

Quote:

Originally Posted by Linkster
AJ - dont reply to him and DONT offer to sell the domain - you will lower your standing with the UDRP process if you do - but like the other advice - if you ever really get a legal C & D - hand it over to a good domain lawyer - and I am pretty sure that the lawyer will reply to them to follow the UDRP proceedings if they really want the domain - which based on decisions Ive read they wont come close to getting it anyway.

This is true. Don't respond to the e-mail. They don't really have any ground to stand on. You see this a lot with companies who try to scare people into giving up their domains.

JMM 06-23-2006 11:23 AM

Quote:

Originally Posted by pocketkangaroo
This is true. Don't respond to the e-mail. They don't really have any ground to stand on. You see this a lot with companies who try to scare people into giving up their domains.

Again, I suggest that you don't listen to anyone on this board and consult an attorney. They have plenty of ground to stand on.

By nature of trademark law, they own the trademark, they own the right to the domain. If you want to challenge the trademark, get a lawyer and do so. If not, the domain is rightfully theirs.

Second, by offering to sell them the domain at a price higher than the cost of registering the domain, you may be guilty of cybersquatting.

Really, give them the domain, or consult an attorney.

MaDalton 06-23-2006 11:31 AM

I remember Vic from the LA Webmaster Access last year - he was speaking at the content seminar while chewing his gum like a cow and making about the same intellectual impression...

G-Rotica 06-23-2006 11:32 AM

Quote:

Originally Posted by JMM
You really really really really should talk to a lawyer. So far, the advice given could get you sued and arrested.

Arrested? :1orglaugh :1orglaugh

G-Rotica 06-23-2006 11:34 AM

Quote:

Originally Posted by JMM
By nature of trademark law, they own the trademark, they own the right to the domain. If you want to challenge the trademark, get a lawyer and do so. If not, the domain is rightfully theirs.

WRONG!!!

JMM 06-23-2006 11:37 AM

Quote:

Originally Posted by G-Rotica
Arrested? :1orglaugh :1orglaugh

Yes, it is called cybersquatting, look it up.

JMM 06-23-2006 11:37 AM

Quote:

Originally Posted by G-Rotica
WRONG!!!

OK, go ahead and register anythinggonewild.com and see what happens.

Young 06-23-2006 11:58 AM

Where is the demand? Seems like it's only an offer.

AJHall 06-23-2006 12:01 PM

JMM, thanks.
I will take your advice and disregard the info here - yours included.

Overture Keyword Selector Tool Results:

Searches done in May 2006
Count Search Term
330 kick ass picture

Searches done in May 2006
Count Search Term
1485 kick ass gallery

This is not just a domain name, it's a TGP I've been working on for 2+ years that accounts for 1/4 of my annual income.

JMM 06-23-2006 12:03 PM

Quote:

Originally Posted by AJHall
JMM, thanks.
I will take your advice and disregard the info here - yours included.

Overture Keyword Selector Tool Results:

Searches done in May 2006
Count Search Term
330 kick ass picture

Searches done in May 2006
Count Search Term
1485 kick ass gallery

This is not just a domain name, it's a TGP I've been working on for 2+ years that accounts for 1/4 of my annual income.

Oh..its not just a domain name its a TGP??? LOL Well, they have no rights to the TGP, just the domain name. Nothing may happen of it, but if they do decide to take issue with it, you will lose and it will be an expensive lesson.

AJHall 06-23-2006 12:03 PM

Quote:

Originally Posted by Young
Where is the demand? Seems like it's only an offer.

Right, I have interpreted the offer as this:

Since we have this new trademark, we're taking your domain, traffic, everything you have worked hard to build.

But, we will offer you $450 for your trouble.

JMM 06-23-2006 12:06 PM

Quote:

Originally Posted by AJHall
Right, I have interpreted the offer as this:

Since we have this new trademark, we're taking your domain, traffic, everything you have worked hard to build.

But, we will offer you $450 for your trouble.

LOL, its not a new trademark. They filed the trademark application almost a year before you registered your domain name.

Anyway, good luck to you.

Hell House Vic 06-23-2006 12:17 PM

So I have finally hit the big-time in becoming involved in my very first GFY Drama thread.

Regarding AJ: NoWhErE's and Georgeyw's posts express the point of view I should have tried harder to make sure that AJ would have had when he read my email. It's actually the opposite of a legal threat. Yes we offered AJ a low sum. Duh. Negotiate.

Regarding Mike South: :)

Regarding DrinkingHARDEST / Mark Hurson: Although Mark is to be commended for continuing the drama factor by reposting another email, he actually neglected to post my reply to his original offer (which in all fairness he may have never received, what with junk filters and the like). Anyway in the email that Mark did NOT post I asked how much he wanted for the domain. Mark never replied so, after I got the word from my boss (Mark Kulkis) that our company (Kick Ass Pictures, Inc.) would pursue adult sites using "kick ass" in their domain name, I sent Mark DrinkingHARDEST another letter although asking him to reply ASAP with the amount that he is interested in.

Regarding all the mudslinging: Nice work! I am such an asshole. And fuck I have a horrible habit of chewing like a cow and making bad impressions on people who already know so much more than I do. Fuck me, I'm such an ass-backwards retard that I always forget to front like I know everything under the son and I even publicly ask my peers and co-workers for their advice on things that - if I was even half a real man - I would pretend that I already know everything about.

jahLuv iTernally,
Kick Ass Vic

Manowar 06-23-2006 12:18 PM

sounds shitty of them

AJHall 06-23-2006 12:19 PM

Quote:

Originally Posted by JMM
Oh..its not just a domain name its a TGP??? LOL Well, they have no rights to the TGP, just the domain name. Nothing may happen of it, but if they do decide to take issue with it, you will lose and it will be an expensive lesson.

Besides do a shitload of legal research before you buy a domain name, what is the lesson?

JMM 06-23-2006 12:20 PM

Quote:

Originally Posted by AJHall
Besides do a shitload of legal research before you buy a domain name, what is the lesson?

It actually would have taken you less than 10 seconds.

AJHall 06-23-2006 12:24 PM

Vic,
There was no mention of the word buy, purchase, acquire, etc. If I misinterpreted the email I will be the first to apologize.

If your post is the honest truth, you have the worst acquisition email format known to man and have succeeded in freaking me out quite badly.

AJHall 06-23-2006 12:30 PM

Quote:

Originally Posted by JMM
It actually would have taken you less than 10 seconds.

Agreed, but I think it's safe to say that most people who are new at something and are all pumped up, excited, ready to start a new hobby or project don't cover all the bases because they simply don't have the knowledge and experience to know what they should do.

Sure, if I knew what you know it would have taken 10 seconds.

It only would have taken JFK 10 seconds to put a helmet on before the parade ;)

It's easy to see the obvious . . . after the fact. Taking the 10 seconds is assuming I knew what to do and you still didn't answer my question.

In your eyes, what is the lesson?

Hell House Vic 06-23-2006 12:31 PM

AJ - check your ICQ

Hell House Vic 06-23-2006 12:31 PM

AJ - check your ICQ

pocketkangaroo 06-23-2006 12:57 PM

Quote:

Originally Posted by JMM
Yes, it is called cybersquatting, look it up.

No it's not. Cybersquatting is registering a domain with bad faith intent to profit from the goodwill of a trademark belonging to someone else. It is only cybersquatting if he registered it with bad faith intentions in an effort to sell it to someone.

lyn1 06-23-2006 01:37 PM

Quote:

Originally Posted by Love Sex



#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

#3 comment is absolutely shit. I wonder what you think 'Apple' is therefore described as.

I have just registered a series of Tradenames and Trademarks for a client internationally. Ridiculous as it might sound, the tradename we couldn't register as a company as it was too similar to an existing company, but we could register the tradename and trademark.

Rule of thumb is that you can only register a name within a category...i.e. Apple only relates to computers, etc. As it is a generic name, they don't own it across the board, so, you can possibly go out and register 'Apple' for use as a motor vehicle (as ridiculous as it might sound) i.e. Apple sports cars.

Trademarks are King. If you have a problem, you can appeal his tradename registeration because of your long association, but be warned, work out the value of your name before you start, because unless it is worth $20,000 + it isn't worth the fight unless you have deep pockets and let ego get in the way of commonsense.

Lyn

lyn1 06-23-2006 01:40 PM

Quote:

Originally Posted by MaDalton
I remember Vic from the LA Webmaster Access last year - he was speaking at the content seminar while chewing his gum like a cow and making about the same intellectual impression...

Yeh, saw Tom (Poofy) Cruise on television last night. He was chewing gum while being interviewed like there was going to be a shortage of the shit. How anyone likes this little creep is beyond me.

Lyn


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