I spoke to a lawyer a few weeks ago and this is exactly what he told me.

The guy doesn't even go after sites that uses marks that he does hold.
All bark and muscle. Typical.

Borked, a good copyright / trademark goes back to the first use / instance of use by the approved applicant, and not by the date the trademark is issued. Some companies go years before the trademark certain parts of thier name or product line in an official manner.

Alex

:1orglaugh :1orglaugh :1orglaugh :1orglaugh :1orglaugh

I fixed your typo :glugglug

Good info, I like Steve but there's nothing wrong with sharing the trademark info.

My understanding of this is if you had the a domain name say jordancaprixxxhot.com before jordan capri was a registered trademark you can keep your domain name

I hope Steve is just going after the people that are using his LS trademarks to promote something else.

Taking action against affiliates with trademark URLs seems to be the equivalent of shooting yourself in the foot imho.

He's going after people that use his 'trademarked' name to promote his stuff but isn't a friend of his. :2 cents:

Not so fast.

It is possible Steve could obtain trademark rights under what is known as "common law."

And, it is possible Steve could sue to enforce those rights.

So, don't be so cock sure.

http://jordoancapritape.com
http://thejordoancapritape.com

Do the decent thing Steve. Be a big boy.

The bottom line is Steve probably does NOT need a registered trademark to sue an infringer.

Trademark registration only provides a few additional benefits such as automatically proving that the mark has achieved "secondary meaning" in the marketplace and is incontestable.

Trademark disputes are fact intensive. If Steve can prove bad faith of an infringer, it can make such a dispute a slam dunk.

The average cost to defend a trademark dispute is something like $250,000.

Under the ACPA of 1999, the statutory penalty for cybersquatting can be up to $100,000 PER domain.

That would be IN ADDITION to the defendant's legal costs.

Under extraordinary circumstances, which I imagine is very bad faith, the defendant could be sued for the plaintiff's legal expenses.

Steve, you are in a stronger position than you know.

No he's not, this common law nonesense has absolutely ZERO juristiction outside of the US.

Now, he's a big successful boy - my point all along is that these scare/bully tactics are simply PLAIN WRONG.

Gillespie is a new guy on the blog with some great ideas, but Steves treatment of him, given his position, was disgusting IMO.

Now, if Steve were to publicly apologise to Gillespie with sincerity, then he knows the domains will go from me to him.
If he was a really decent guy, then heck maybe he could credit Gillespie's LSC a/c to show good faith, to be cashed upon Gillespie sending his first signup there. Steve's treatment of Gillespie, meant Gillespie lost all faith whatsoever in Steve and Lightspeed Media Corp.

Now that's not the way to treat your affiliates who spend a huge amount of time making mint for you, is it?

The ball is in your court, Steve.

Sucks he wont let people use them for promoting his own stuff. I got some good ones.

so ... steve if i have a JC hardcore sex tape domain and i am using it to send you traffic
if you get angry you will "take it" from me?????

How exactly would you know this??

And Steve has a fat ass????:eek7

A word of advice Borked - There is an unwritten code (ethics) in this industry that you are pissing all over.

And yes I know already you are going to snap about the word "ethics" and start in on a rant against steve... but stop and think...this industry as a whole has a different perspective than yours right now... and perspective is everything.. remember.. to a worm, digging a hole is far more relaxing than going fishing.

Seems to me that, contrary to the apparent belief, this is a business..

Those who actually know what that means would check the legalities before registering domain names that could possibly be a problem.

Someone, who has no affiliation with Lightspeed whatsoever, playing detective, then starting a thread with misleading information isn't helping those that he tells to go ahead and go for the domains...

Lightspeed can claim and state Jordan Capri as Jordan Capri (TM) if he so chooses.. without even registering for a trademark.

He does have further rights just by the act of filing for the trademark..

The choice of whether or not to do anything about it is that of Lightspeed..
Taking the chance of registering a trademarked name... registered or otherwise should be carefully weighed..

Because he even quoted one such domain that was registered in 2002 by a US resident that quite clearly infringed on his (legitimate) TM

Your advice is duly noted, but I don't see how I am pissing on any ethics here. Originally, I only posted in the thread in question, but then after rereading that thread and Steve's heavy handed gorilla posting to threaten his own affiliates by posting, quite simply, LIES, I thought the topic deserved its own thread.

[foreseen rant]
No ethics were meant to be harmed with this, I just can't stand bullying. Simple. The facts I posted are correct, unlike Steves posts in the other thread. I am not trying to spread FUD, just to educate. If education is pissing on the Community Ethics, then christ, they need to be relooked at.
[/foreseen rant]

Nooo, Jordan Capri is not a registered trademark. Now how is that misleading? It may be misleading "those that he tells to go ahead and go for the domains", but it certainly isn't misleading for those affiliates that he, out of the blue, writes threatening, heavy-handed, factually incorrect posts to. Is it?

Do you even know the reason why I posted this thread?
Go dig it up and see why.

Borked you should brush up on your "US Patent and Trademark laws" ...it seemed you might have miss that class

Penis Enlargement <-------------- You guys should stop fighting and use this :thumbsup

It would appear so. But then I'm a dumb EuroTool, so forgive me ;)

An apology is all it takes for Steve to take hold of the 2 domains that started all this.

--edit
as it looks like people can't see the reason to bring this to their attention, then it looks like Steve will continue to be the heavy-handed bully he showed himself to be. And I can't be bothered with it anymore.

I had registered a few domains aswell before I was aware of his policy. I have over a 100 model name and typos domains for other sponsers and never had issues, so I didn't think about it before hand. When I went to the aff site to get content I saw in the terms it said to contact them before hand for domain names.

So I did, and he said you can't use them at all. As far as actions he'll take to those that do it probably depends what you're doing with the domain.

I don't really agree with his policy, but ohwell.

Apparently you have never seen Steves' ass... It is nice and firm.. not even close to fat lol:1orglaugh :1orglaugh

If he stated that the name was a registered trademark, then yes he was wrong for stating such.. Didn't dig it up, so I'm just assuming that's your gripe..

But that will become somewhat of a moot issue once it is registered as trademark registrations are retroactive to the date of first use..

So anybody using Jordan Capri in a domain name, regardless when it was registered, and ppc keywork purchases, could be called on the carpet... including you..

It takes a long time for a trademark to get approved

Copyrights and trademarks do go totally different ways. For European trademarks there are famous ones which do not need a registration, like Ferrarifor example.

Otherwise a trademark has to be registered. If registered, it is protected back to the date of filing.

I´m not quite sure how it works in the US, but having a short look at it there seem to be no differences.

mad drama right here

Just wanted to get on gfydrama.com - you know, it's been a lifelong ambition. I'd be so cherry-pied if I did, I'd, I'd... I'd what? Give Teh Boy Alley a big kiss, that's what.

After all legal and ethics discussion: a jordancapri domain is pretty worthless if you do not promote her. So make an agreement with LS Media before promoting it, use another domain or just do not promote it:2 cents:

Steve says that you aren't allowed to have such domains in the first place.
No matter if you send traffic to him or not.

well, if you had the domain, where the fuck else would you even send the traffic?

it was my understand that with LS's rules you could still manage the domain just not own it. is this a misunderstanding on my behalf?

this is one of the smartest things said on this drama.

Its all about money people - and making the most during the time you have. Surfers want to see Jordan simple as that... a rip off site or anything less than Lightspeed blessing is not going to do well for a webmaster.

We are all here to make money and despite the childlike attitudes of some people on this board - this is an industry bent on producing money. If you haven't learned to play with those who make the money then don't even think you have the right to point fingers if your not a lawyer.

Chosing to battle on a board rather than a courtroom is ridiculous - because in the end - that is where the final decision has to be made.. and someone without direct access to a lawyer who understands internet rights and copyrights really is attempting to make an educated guess.

If you don't like the way a company is run - then simply take your traffic elsewhere but don't do it because of a feeling or guess - make it factual and logical with the only goal being, "what will make me the most money now and keep my company thriving".

That IS the point.
As it's transpired, in the US, because of this common law thing, he can claim right to the name. Although, being an internet domain name, this is still under much doubt.

As a non-US, I really can say that he has no right to say that at all.

are you allowed to have sub domains with lightspeed girls names in them .html for example :1orglaugh :1orglaugh

Steve that's pretty fucked up imho... Is it REALLY going to hurt LS that someone has jordan-capri-sex-tape-honeymoon-video-xxx.com ? I seriously doubt it.

damn too late for a first page sig spot :(