We won the Kick Ass domain name dispute! - GoFuckYourself.com - Adult Webmaster Forum

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Kenny B!

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#1

We won the Kick Ass domain name dispute!

02-20-2007, 11:56 AM

After months of going back and forth with the guys at Kick Ass Pictures who tried to strong arm us out of our domain names KickAssGalleries.com and KickAssPornstars.com they finally opened up an official case at the domain name arbitration forum. Well it?s been settled, an official judgement has been made and we won!

Always feels nice to represent myself against a high priced lawyer and win. Personally I think they should fire their lawyer for actually leading them to believe they had a case in the first place, but her that?s just my opinion!

Kick Ass Pictures

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#2

02-20-2007, 11:57 AM

congratz...you must be buzzing
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#3

02-20-2007, 11:58 AM

Nice going.

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#4

02-20-2007, 11:58 AM

congrats on the victory
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#5

02-20-2007, 11:59 AM

congrats
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#6

02-20-2007, 12:00 PM

Congratulations. Fuck them up the ass with a broken bottleneck

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Kenny B!

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#7

02-20-2007, 12:07 PM

It's a good day, and it makes me feel even better that they spent $2000 just to file the case and probably another $5k on their over priced lawyer.

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#8

02-20-2007, 12:10 PM

The lawyer probably didnt understand how domains work, or have any experience with domain arbitration. Shouldve consulted someone who specializes in that field.

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#9

02-20-2007, 12:12 PM

Congrats on the win

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#10

02-20-2007, 12:13 PM

congrats on your victory i bet that took forever!! must b a nice feeling 2 know u can put it behind u

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#11

02-20-2007, 12:13 PM

I've always liked the guys at KickAss.

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Kenny B!

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#12

02-20-2007, 12:17 PM

Very nice to know I can put it behind me now and continue to develop the domain names.

I think their lawyer didn't care one way or another of the outcome, he gets paid regardless.

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#13

02-20-2007, 12:18 PM

They were dreaming.I dont understand why they would even give a shit about those domains in the first place.
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#14

02-20-2007, 12:18 PM

didnt aj own kickassgalleries?

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Kenny B!

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#15

02-20-2007, 12:20 PM

Yes AJ did own them. We made a deal with him a while ago and I took them over well before this whole domain name dispute started.

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#16

02-20-2007, 12:21 PM

If you dig a little deeper I'm almost certain there are some damages you can file against them now for filing a case that was without warrant. I believe it was put in place to discourage 'reverse squatting' suits that started popping up a few years ago. I'd check into it

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Kenny B!

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#17

02-20-2007, 12:22 PM

Originally posted by Martin

They were dreaming.I dont understand why they would even give a shit about those domains in the first place.

Because the site have been online since 2003 and have a lot of bookmarkers. They may also have been thinking it's easier to take someone else's hard work then do the work themselves.

Oh well live and learn

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#18

02-20-2007, 12:23 PM

congrats and I really mean that. It is nice to see the little guy win from time to time.

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#19

02-20-2007, 12:23 PM

congratz!

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#20

02-20-2007, 12:23 PM

Originally posted by Martin

They were dreaming.I dont understand why they would even give a shit about those domains in the first place.

There are some people out there with way too much money and free time, thats why

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#21

02-20-2007, 12:31 PM

Congrats, Kenny!

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#22

02-20-2007, 12:35 PM

good work
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Kenny B!

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#23

02-20-2007, 12:37 PM

Originally posted by TheJimmy

If you dig a little deeper I'm almost certain there are some damages you can file against them now for filing a case that was without warrant. I believe it was put in place to discourage 'reverse squatting' suits that started popping up a few years ago. I'd check into it

I'm going to look into it and see if I can be compensated for my time and costs.

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#24

02-20-2007, 12:38 PM

Congrats I guess.

I'm just a newbie.
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#25

02-20-2007, 12:42 PM

Next they will be going after MaximumPC and their KickAss Award.
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#26

02-20-2007, 12:42 PM

Congrats!!! When I won my court cases against affiliates(shavers) I bought myself a Denali!!!

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Kenny B!

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#27

02-20-2007, 01:04 PM

Originally posted by TheSenator

Congrats!!! When I won my court cases against affiliates(shavers) I bought myself a Denali!!!

I'll have to settle with keeping my domain names, praise from my peers and hopefully a bj from the wife later

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#28

02-20-2007, 01:13 PM

Originally posted by Kenny B!

I'll have to settle with keeping my domain names, praise from my peers and hopefully a bj from the wife later

I know the feeling of winning a court case.

You are going to be on a "high" for awhile!

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#29

02-20-2007, 01:16 PM

Congrats on the job well done!

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#30

02-20-2007, 01:16 PM

Haha, good for you.

Reminded me of this.
http://www.gfy.com/showthread.php?t=...hlight=kickass
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#31

02-20-2007, 01:23 PM

Congrads Kenny

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Kenny B!

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#32

02-20-2007, 01:32 PM

Originally posted by Quickdraw

Haha, good for you.

Reminded me of this.
http://www.gfy.com/showthread.php?t=...hlight=kickass

Thats great! I didn't see that thread, I hope bdjuf didn't just hand over the domain

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#33

02-20-2007, 01:34 PM

Congrats.

I posted this on a few other boards you posted on, but in case you didn't see it yet...

Hey, if the domain "kickasschat.com" interests you, it's for sale. Lightning owns it.
(formerly of lightningfree.com, co-owner of Techiemedia)

I can put you in touch if you like, shoot me an icq if interested. 31024634

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#34

02-20-2007, 01:36 PM

Congrats!

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#35

02-20-2007, 01:38 PM

congratz !

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#36

02-20-2007, 01:45 PM

congrats thats great news!

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Kenny B!

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#37

02-20-2007, 01:46 PM

Originally posted by CDSmith

Congrats.

I posted this on a few other boards you posted on, but in case you didn't see it yet...

Hey, if the domain "kickasschat.com" interests you, it's for sale. Lightning owns it.
(formerly of lightningfree.com, co-owner of Techiemedia)

I can put you in touch if you like, shoot me an icq if interested. 31024634

I don't need it, thanks for thinking of me though. If by some slim chance the guys from KAP go after him for the domain you can let him know he can cantact me:-)

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#38

02-20-2007, 02:14 PM

congrats now go have a drink
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#39

02-20-2007, 02:46 PM

Some laws are written in such a way that if you don't actively defend your mark/copyright, you lose it. So even if they thought what you were doing was okay, the law pressures them to take action.

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Kenny B!

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#40

02-20-2007, 03:38 PM

Originally posted by Halcyon

Some laws are written in such a way that if you don't actively defend your mark/copyright, you lose it. So even if they thought what you were doing was okay, the law pressures them to take action.

This isn't the case, they wanted a developed domain name to help enter the online market.

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#41

02-20-2007, 03:41 PM

now you can sell them to them....

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#42

02-20-2007, 03:56 PM

Congrats Kenny B! nice to see you didn't just roll over.. I'm not a sue happy person, but I'd counter sue them for your time and expenses.

Originally posted by Quickdraw

Haha, good for you.

Reminded me of this.
http://www.gfy.com/showthread.php?t=...hlight=kickass

Dude what a ass hat that guy is.. Companies with that kind of attitude should be black balled out of adult.

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#43

02-20-2007, 04:15 PM

This is definitely a good thing

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#44

02-20-2007, 04:20 PM

Congrats mate
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#45

02-20-2007, 05:19 PM

Originally posted by Kenny B!

After months of going back and forth with the guys at Kick Ass Pictures who tried to strong arm us out of our domain names KickAssGalleries.com and KickAssPornstars.com they finally opened up an official case at the domain name arbitration forum. Well it?s been settled, an official judgement has been made and we won!

Always feels nice to represent myself against a high priced lawyer and win. Personally I think they should fire their lawyer for actually leading them to believe they had a case in the first place, but her that?s just my opinion!

Kick Ass Pictures

Kenny Congrats ;)

But seriously, when you get a trade mark you have to protect it - or at least try to. I doubt you would have done any different if roles were reveresed. Anyway. At least the domain get's to stick with it's biological parent and stuff. So cheers.

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#46

02-20-2007, 05:50 PM

congrads kenny and all the best.
good to hear you stock it to them hard in between the ass with no lub.
i know you and i know your business style and just knowing that i know you were on the right side of this dispute.
those guys should have known better then to mess around with a fellow a fellow Ashkenazi.
just to rub it in KAP face i checked and the following is available in case anyone else is interested in registering any of these domain names

KICKASSPORNONLINE.COM
KICKASSPORNHOME.COM
KICKASSPORNWEB.COM
KICKASSPORNLIVE.COM
BESTKICKASSPORN.COM
NEWKICKASSPORN.COM
MYKICKASSPORN.COM
THEKICKASSPORN.COM
OFFICIALKICKASSPORN.COM
KICKASSPICTURESONLINE.COM
KICKASSPICTURESHOME.COM
KICKASSPICTURESSITE.COM
KICKASSPICTURESWEB.COM
KICKASSPICTURESLIVE.COM
KICKASSPICTURESBLOG.COM
BESTKICKASSPICTURES.COM
NEWKICKASSPICTURES.COM
MYKICKASSPICTURES.COM
THEKICKASSPICTURES.COM
OFFICIALKICKASSPICTURES.COM
KICKASSPICTURES.MOBI Just $14.99*/yr
KICKASSPICTURES.TV Just $34.99/yr
KICKASSPICTURES.WS Just $9.99/yr

Oh in case anyone wants to tell KAP to go fuck off directly, you can do so by emailing them at [email protected] or [email protected]
KAP as Colombo would say "JUST ONE MORE THING"
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#47

02-20-2007, 05:50 PM

Originally posted by Kick Ass Vic

Kenny Congrats ;)

But seriously, when you get a trade mark you have to protect it - or at least try to. I doubt you would have done any different if roles were reveresed. Anyway. At least the domain get's to stick with it's biological parent and stuff. So cheers.

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.

You can play nice on the boards but It's not like you had a brand name like Twistys, Girls Gone Wild, Ford or Chevy.. Terms like those are uniquely branded and everyone knows who they are because they made that term popular or famous.

Trying to steal a name that is so common as "Kick Ass" makes you look like a dumb ass. Companies like yours piss me off royally and I'm glad for once the little guy won.

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#48

02-20-2007, 06:17 PM

Usually the hardest item to prove in a UDRP is this: "Domain was registered AND is being used in bad faith." [emphasis added by Your Daddy]

If they acquired their "trademark" after your domain was registered, it is nearly impossible to prove that necessary element.

Real pros sue in federal court.

N00bs file UDRPs.

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Kenny B!

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#49

02-21-2007, 05:35 AM

Originally posted by Kick Ass Vic

Kenny Congrats ;)

Thanks Vic

Originally posted by Kick Ass Vic

But seriously, when you get a trade mark you have to protect it - or at least try to. I doubt you would have done any different if roles were reveresed. Anyway. At least the domain get's to stick with it's biological parent and stuff. So cheers.

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.

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#50

02-22-2007, 02:25 PM

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

Mark @ KickAss
KickAssPays.com
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