Originally Posted by Mark Kickass (Post 11960136)

I thank Kenny for bringing me out of my shell and getting me to finally register on GFY and JBM. It pains me to read all these negative comments, because anyone who knows me or my company knows that I’m a good guy who goes out of my way to do the right thing. Here’s a brief history of what happened from my side.

I already knew AJ, who originally owned the two kickass domain names in question and continued to run them. Apparently at some point he turned ownership of them over to Kenny in Canada because of 2257 considerations. I didn’t want to own sites, but my attorney said that if I knowingly allowed a “Kick Ass” site to operate, it could harm my federal trademark. (As anyone who owns a trademark knows, you have to defend that trademark against infringement or it becomes worthless.)

So I entered into negotiations with AJ, trying to cut a deal in which he still ran the sites and made as much money as always, but they at least promoted some Kick Ass products. The deal never materialized, due to 2257 legal considerations that I won’t bore anyone with. At the end of those months, AJ and I shook hands as friends. I told him that it was nothing personal, but my attorney had advised me that I had to defend my trademark, so I was obligated to bring the matter to ICANN.

In my eyes, this has been a win-win situation, because I have a record of defending my trademark, and Kenny got to keep the sites. Yes I could have purchased the domains, but the asking price was about 10 times what it cost me to file with ICANN, and as I said before, I never had a desire to own those domains.

For the record, I have only resorted to ICANN once before, to get the domain name barefootconfidential.com. In that case, I believe the name was registered in bad faith because my trademarked Barefoot Confidential video series had been around for years and had won numerous AVN Awards, and someone else was profiting from that. (And let’s face it, Barefoot Confidential is not a “generic” term like kick ass, which is why I won that case and lost this one.)

Anyway, I felt I had to explain my side of the story. I’m going to be at the Phoenix Forum next month, and I invite anyone who still thinks I’m a big, bad, litigious ogre to say hi and decide for yourself. And Kenny, if I see you there, I’ll buy you a drink to show there are no hard feelings.

Mark Kulkis
President, Kick Ass Pictures

Originally Posted by Mark Kickass (Post 11960136)

I thank Kenny for bringing me out of my shell and getting me to finally register on GFY and JBM. It pains me to read all these negative comments, because anyone who knows me or my company knows that I’m a good guy who goes out of my way to do the right thing. Here’s a brief history of what happened from my side.

I already knew AJ, who originally owned the two kickass domain names in question and continued to run them. Apparently at some point he turned ownership of them over to Kenny in Canada because of 2257 considerations. I didn’t want to own sites, but my attorney said that if I knowingly allowed a “Kick Ass” site to operate, it could harm my federal trademark. (As anyone who owns a trademark knows, you have to defend that trademark against infringement or it becomes worthless.)

So I entered into negotiations with AJ, trying to cut a deal in which he still ran the sites and made as much money as always, but they at least promoted some Kick Ass products. The deal never materialized, due to 2257 legal considerations that I won’t bore anyone with. At the end of those months, AJ and I shook hands as friends. I told him that it was nothing personal, but my attorney had advised me that I had to defend my trademark, so I was obligated to bring the matter to ICANN.

In my eyes, this has been a win-win situation, because I have a record of defending my trademark, and Kenny got to keep the sites. Yes I could have purchased the domains, but the asking price was about 10 times what it cost me to file with ICANN, and as I said before, I never had a desire to own those domains.

For the record, I have only resorted to ICANN once before, to get the domain name barefootconfidential.com. In that case, I believe the name was registered in bad faith because my trademarked Barefoot Confidential video series had been around for years and had won numerous AVN Awards, and someone else was profiting from that. (And let’s face it, Barefoot Confidential is not a “generic” term like kick ass, which is why I won that case and lost this one.)

Anyway, I felt I had to explain my side of the story. I’m going to be at the Phoenix Forum next month, and I invite anyone who still thinks I’m a big, bad, litigious ogre to say hi and decide for yourself. And Kenny, if I see you there, I’ll buy you a drink to show there are no hard feelings.

Mark Kulkis
President, Kick Ass Pictures

Originally Posted by DVDDollars (Post 11948382)

I've always liked the guys at KickAss.

Originally Posted by Mark Kickass (Post 11960136)

I thank Kenny for bringing me out of my shell and getting me to finally register on GFY and JBM. It pains me to read all these negative comments, because anyone who knows me or my company knows that I?m a good guy who goes out of my way to do the right thing. Here?s a brief history of what happened from my side.

I already knew AJ, who originally owned the two kickass domain names in question and continued to run them. Apparently at some point he turned ownership of them over to Kenny in Canada because of 2257 considerations. I didn?t want to own sites, but my attorney said that if I knowingly allowed a ?Kick Ass? site to operate, it could harm my federal trademark. (As anyone who owns a trademark knows, you have to defend that trademark against infringement or it becomes worthless.)

So I entered into negotiations with AJ, trying to cut a deal in which he still ran the sites and made as much money as always, but they at least promoted some Kick Ass products. The deal never materialized, due to 2257 legal considerations that I won?t bore anyone with. At the end of those months, AJ and I shook hands as friends. I told him that it was nothing personal, but my attorney had advised me that I had to defend my trademark, so I was obligated to bring the matter to ICANN.

In my eyes, this has been a win-win situation, because I have a record of defending my trademark, and Kenny got to keep the sites. Yes I could have purchased the domains, but the asking price was about 10 times what it cost me to file with ICANN, and as I said before, I never had a desire to own those domains.

For the record, I have only resorted to ICANN once before, to get the domain name barefootconfidential.com. In that case, I believe the name was registered in bad faith because my trademarked Barefoot Confidential video series had been around for years and had won numerous AVN Awards, and someone else was profiting from that. (And let?s face it, Barefoot Confidential is not a ?generic? term like kick ass, which is why I won that case and lost this one.)

Anyway, I felt I had to explain my side of the story. I?m going to be at the Phoenix Forum next month, and I invite anyone who still thinks I?m a big, bad, litigious ogre to say hi and decide for yourself. And Kenny, if I see you there, I?ll buy you a drink to show there are no hard feelings.

Mark Kulkis
President, Kick Ass Pictures

Originally Posted by crockett (Post 11949888)

Seriously dude, it would be one thing if you trade marked a unique term or something that was yours specifically.. But when you try and steal peoples sites because they use very common words that are close to your trade mark.. Well then IMO you suck.

Originally Posted by Kenny B! (Post 11951832)

Thanks Vic:winkwink:



I would have done differently if the roles were reversed because I would have known that the domains weren?t infringing on the trademark. But that?s just me. For future refrence Paragraph 4(a) of the Policy requires that the Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred:

(1) the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(2) the Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.

Honestly your company should re-think your legal counsel. You spent a lot of money to file this claim and your lawyer should have advised you differently from the start. He had his best interests at heart, not yours.

Originally Posted by Hollywood Horwitz (Post 11960373)

Not to turn this thread into a thread about Vic Kick Ass but check him rock the axe here,LOL. very metal!http://www.weare108.com/photos/arnhe...10-06/06_b.jpg

Originally Posted by Mark Kickass (Post 11960136)

In my eyes, this has been a win-win situation, because I have a record of defending my trademark, and Kenny got to keep the sites. Yes I could have purchased the domains, but the asking price was about 10 times what it cost me to file with ICANN, and as I said before, I never had a desire to own those domains.

Mark Kulkis
President, Kick Ass Pictures

Originally Posted by Mark Kickass (Post 11960136)

I thank Kenny for bringing me out of my shell and getting me to finally register on GFY and JBM. It pains me to read all these negative comments, because anyone who knows me or my company knows that I?m a good guy who goes out of my way to do the right thing. Here?s a brief history of what happened from my side.

I already knew AJ, who originally owned the two kickass domain names in question and continued to run them. Apparently at some point he turned ownership of them over to Kenny in Canada because of 2257 considerations. I didn?t want to own sites, but my attorney said that if I knowingly allowed a ?Kick Ass? site to operate, it could harm my federal trademark. (As anyone who owns a trademark knows, you have to defend that trademark against infringement or it becomes worthless.)

So I entered into negotiations with AJ, trying to cut a deal in which he still ran the sites and made as much money as always, but they at least promoted some Kick Ass products. The deal never materialized, due to 2257 legal considerations that I won?t bore anyone with. At the end of those months, AJ and I shook hands as friends. I told him that it was nothing personal, but my attorney had advised me that I had to defend my trademark, so I was obligated to bring the matter to ICANN.

In my eyes, this has been a win-win situation, because I have a record of defending my trademark, and Kenny got to keep the sites. Yes I could have purchased the domains, but the asking price was about 10 times what it cost me to file with ICANN, and as I said before, I never had a desire to own those domains.

For the record, I have only resorted to ICANN once before, to get the domain name barefootconfidential.com. In that case, I believe the name was registered in bad faith because my trademarked Barefoot Confidential video series had been around for years and had won numerous AVN Awards, and someone else was profiting from that. (And let?s face it, Barefoot Confidential is not a ?generic? term like kick ass, which is why I won that case and lost this one.)

Anyway, I felt I had to explain my side of the story. I?m going to be at the Phoenix Forum next month, and I invite anyone who still thinks I?m a big, bad, litigious ogre to say hi and decide for yourself. And Kenny, if I see you there, I?ll buy you a drink to show there are no hard feelings.

Mark Kulkis
President, Kick Ass Pictures

Originally Posted by crockett (Post 11961006)

So in other words a guy that likes to "do the right thing" and is a stand up guy, felt because it was much cheaper to try and steal the domain than buy it. So instead of doing the right thing and buying the domain at a fair market price you decided it was cheaper to try and steal someone else's hard work and livelihood.

I have no stakes at all in this nor do I know either party involved but I can't stand when companies or people try to pull this kind of shit.

So I wonder have you filled suite against all these people? http://www.google.com/search?sourcei...J:en&q=kickass