We won the Kick Ass domain name dispute! - Page 2 - GoFuckYourself.com

J$tyle$ · 02-22-2007, 04:34 PM

Quote:

Originally Posted by Mark Kickass

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

Nicely said, Mark

Jonathan

Silly Guy · 02-22-2007, 04:38 PM

uh oh let's see how this turns out

interracialtoons · 02-22-2007, 04:59 PM

Quote:

Originally Posted by Mark Kickass

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

I think your lawyer was wrong because generally "The failure to persue a particular case dose not prevent the persuit of a future case".

If it did then I could commit a shitload of crimes then claim the DA can't persue my case since there are many similar cases the DA didn't persue.

In other words :"The other guy who was speeding didn't get stopped" is not an excuse.

Hollywood Horwitz · 02-22-2007, 05:04 PM

Quote:

Originally Posted by DVDDollars

I've always liked the guys at KickAss.

yep, Vic Kick Ass is my personal good friend and a legend in the music scene. He played in the biggest hardcore band of all time with Zac De La Rocha from Rage Against the Machine.

here's a pic of Vic and Zac rocking out!

Hollywood Horwitz · 02-22-2007, 05:10 PM

Not to turn this thread into a thread about Vic Kick Ass but check him rock the axe here,LOL. very metal!

Far-L · 02-22-2007, 05:25 PM

Quote:

Originally Posted by Mark Kickass

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

Hey Mark, welcome to GFY and don't mind the negative comments... most are made by people who never had to defend a trademark. Kenny is a good guy and someone I would recommend to anyone in this biz. Hope you guys can work it out now so that it is a win-win and you both can step to making cash together.

Your friend and former nemesis, the guy with the Dr. Seuss sounding name...

Fap · 02-22-2007, 05:35 PM

grats on your victory

Hell House Vic · 02-22-2007, 05:58 PM

Quote:

Originally Posted by crockett

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.

I think yuze all need to chill out. first of all it has nothing to do with you. Second of all, it's not saytanic. it's business. get a grip not a gripe. stop crying, get back to business.

Hell House Vic · 02-22-2007, 06:00 PM

Quote:

Originally Posted by Kenny B!

Thanks Vic

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.

I appreciate your level response. I would prefer to speak to you directly rather than over this board.

Halcyon · 02-22-2007, 06:39 PM

Quote:

Originally Posted by Hollywood Horwitz

Not to turn this thread into a thread about Vic Kick Ass but check him rock the axe here,LOL. very metal!

1) Vic is kickass.

2) KickAss Pictures did everything by the book in this situation. No malice. No ill will.

3) If you want to look at an example of an UNcool way to defend your mark, check out Suicide Girls and their legal attacks of any photographer or model who strays.

Far-L · 02-22-2007, 07:36 PM

just for the record and not to take a side here either way...

We have had to defend ourselves in similar circumstances several times over the last few years. We have always won. I have not looked at the Kick Ass trademarks but I am surprised that they did not prevail.

I agree with Kenny that Mark should probably be looking for a better attorney for these type of issues... but not because I don't think they had an argument for tm protection. On the contrary, I am surprised that Kick Ass Pictures did not prevail here.

crockett · 02-22-2007, 07:55 PM

Quote:

Originally Posted by Mark Kickass

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

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

Blazing · 02-22-2007, 08:11 PM

I had the pleasure of meeting both Mark and Vic from Kick Ass 2 weeks ago at the Xbiz show, and these guys are straight up people!!

Im glad to see this thing turn out ok for both sides..

Audrey · 02-22-2007, 08:55 PM

congrats!

:D

SiMpLe · 02-22-2007, 09:18 PM

Quote:

Originally Posted by Mark Kickass

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

That was proper - Good meeting you at Xbiz to

AJHall · 02-22-2007, 09:51 PM

Nice post Mark.
That's more or less the chain of events.

Not sure it's a win-win just yet, Vic still owes me . . . He said I have "a coupon for pepto and drinks from Kick Ass."

Far-L · 02-22-2007, 11:25 PM

Quote:

Originally Posted by crockett

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

why are you trying to turn this into something that it is not? There is no "stealing" going on here. Read the thread and you would realize neither side is "right" or "wrong"... this is just biz and the only thing that can be judged is whether each side of the equation handled the situation with professionalism - which is entirely apparent that they did.

See it from both sides. Do you have any idea how much Kick Ass Pictures spent developing their tradename and marks? And do you know what an obligation protecting those can be?

nba4life2k · 02-23-2007, 12:42 AM

kickasspornstars is HAWT

02-22-2007, 05:10 PM	#55
Hollywood Horwitz Porn To ROCK! Industry Role: Join Date: Dec 2003 Location: Hollywood Posts: 4,357	Not to turn this thread into a thread about Vic Kick Ass but check him rock the axe here,LOL. very metal! __________________ Ross Horwitz Skype: RossAngeles666 Online Ad Sales / Email / Display Ads / Mobile Cell.323.949.4313 [email protected]

02-22-2007, 07:36 PM	#61
Far-L Confirmed User Industry Role: Join Date: Feb 2002 Location: Seattle Posts: 6,065	just for the record and not to take a side here either way... We have had to defend ourselves in similar circumstances several times over the last few years. We have always won. I have not looked at the Kick Ass trademarks but I am surprised that they did not prevail. I agree with Kenny that Mark should probably be looking for a better attorney for these type of issues... but not because I don't think they had an argument for tm protection. On the contrary, I am surprised that Kick Ass Pictures did not prevail here. __________________ HomegrownCash.com, the affiliate program of Homegrown Video - The Largest Collection of Amateur XXX - Est. 1982. Contact - Email: farrell AT homegrownvideo D com Skype: hgfarl Newsweek Magazine - "Homegrown Video, the longest running series in the history of porn."

02-22-2007, 08:11 PM	#63
Blazing Confirmed User Join Date: Nov 2001 Location: Irvine, CA, USA Posts: 1,665	I had the pleasure of meeting both Mark and Vic from Kick Ass 2 weeks ago at the Xbiz show, and these guys are straight up people!! Im glad to see this thing turn out ok for both sides.. __________________ [email protected] ICQ 7703879

02-22-2007, 08:55 PM	#64
Audrey Confirmed User Join Date: Nov 2004 Location: montreal Posts: 343	congrats! :D __________________ Cash Prog. & Solo Sites : Lemonade Cash Cali Logan Niche Sites : Kickass-Girlz KnockoutGirlz Content: 66clicks

02-22-2007, 09:51 PM	#66
AJHall Confirmed User Industry Role: Join Date: Nov 2002 Location: Southern California Posts: 1,306	Nice post Mark. That's more or less the chain of events. Not sure it's a win-win just yet, Vic still owes me . . . He said I have "a coupon for pepto and drinks from Kick Ass." __________________ Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

02-22-2007, 04:38 PM	#52
Silly Guy Confirmed User Join Date: Jan 2007 Posts: 1,421	uh oh let's see how this turns out

02-22-2007, 05:35 PM	#57
Fap Just Du It Industry Role: Join Date: Feb 2004 Posts: 12,094	grats on your victory

02-23-2007, 12:42 AM	#68
nba4life2k Confirmed User Join Date: Aug 2006 Posts: 308	kickasspornstars is HAWT