lensman - are you going to sue these suckers? - GoFuckYourself.com

lawpal · 08-16-2002, 07:54 AM

I saw this ad on Yahoo, and decided to check it out.

http://www.internetwasher.com/

This shit looks a lot like InternetEraser. The pop-up ads which they use, combined with the domain name, their marketing, and the layout of their site and advertising, combine to create confusing similarities which will end up resulting in your losing customers and money.

You should speak to your lawyer and ask him to evaluate this matter to determine if you have a defendable "tradedress" issue under the Lanham Act based upon their actions and the confusing similarties that exist.

He should know exactly what I am talking about.

Peace
LawPal

ControlThy · 08-16-2002, 08:00 AM

Are you talking about:

http://www.interneteraser.com

and

http://www.internetwash.com

?

Don't look similair to me, please elaborate.

.:Frog:. · 08-16-2002, 08:00 AM

These sites look as different as black & white to me.
Did you post the correct urls?

Sex4it · 08-16-2002, 08:03 AM

I see no problem

lawpal · 08-16-2002, 08:35 AM

I see several problems

Internet eraser has, under the Lahnam act, an argument that it owns a "tradedress", which essentially means that it can make a claim against someone trying to steal money by creating a confusingly similar product, which they market and sell in a manner which might confuse consumers.

I think the problems are

confusingly similar domain names

confusingly similar advertising

confusingly similar pop-up ads

risk of consumer confusion

if someone buys internetwasher that reduces the potential consumer base for internet eraser, and is essentially stealing customers based on the use of the internet eraser tradedress, and the risk of diluting the market can constitute damages.

Here is the applicable statute:

http://www4.law.cornell.edu/uscode/15/1125.html

At the minimum I would send them a cease and desist letter, and if that did not work I would consider suing them in federal court.

DrewKole · 08-16-2002, 08:39 AM

and here I was, thinking that lensman created the first ever internet "cleaning" program?

no case, move on, there's nothing at all to see here. =)

DarkJedi · 08-16-2002, 08:39 AM

wake the hell up

ControlThy · 08-16-2002, 08:41 AM

Lawpal,

I think you are overreacting a bit.
There are hundreds if not thousands of products being sold everyday that are in some way similair to their counterparts.

Maybe this is "confusing" for you, but I am sure a judge will see it all clearly.

lawpal · 08-16-2002, 08:47 AM

Quote:

Originally posted by ControlThy
Lawpal,

I think you are overreacting a bit.
There are hundreds if not thousands of products being sold everyday that are in some way similair to their counterparts.

Maybe this is "confusing" for you, but I am sure a judge will see it all clearly.

I don't think I overreacted at all.

I just posted the topic for conversation because I assumed that a majority of the webmasters who visit this board promote internet eraser, and would want their sponsor to defend the product they are promoting from potential dilution.

I leave it to lensman to decide whether he wants to address the issue.

seven · 08-16-2002, 08:47 AM

Quote:

Originally posted by lawpal
confusingly similar domain names

confusingly similar advertising

confusingly similar pop-up ads

risk of consumer confusion

I hope no-one trademarked the word "Internet" and "eraser" and "washer" are distinctly different words to me.

Confusingly similar product? Duh! You'll have to sue thousands of companies for bringing out confusingly similar products everyday.

Similar pop-up ads? duh!
Risk of consumer confusion? duh!

RATBOY · 08-16-2002, 09:01 AM

Ummm, I think there is no case here. He may get a settlement, but it would hardly cover the lawyers fees. However the long term benefits may be payoff enough (if he wins a lawsuit).

DarkestWeb · 08-16-2002, 09:06 AM

I may be completely off base here but I think that Internet Eraser is a bland product that you can have the "actual" developers mark with your name etc. You pay them a bit of money and they make the program "YourEraserProgram" . I'm not sure if this is the same thing Lens is doing but I know there is a company that does this.

MoTives

.:Frog:. · 08-18-2002, 12:49 AM

Lawpal are you for real?

Pornwolf · 08-18-2002, 12:54 AM

Thanks guys! Now I see it's safe for me to register http://internet-e-raser.com/

chodadog · 08-18-2002, 01:12 AM

Quote:

Originally posted by lawpal
Internet eraser has, under the Lahnam act, an argument that it owns a "tradedress", which essentially means that it can make a claim against someone trying to steal money by creating a confusingly similar product, which they market and sell in a manner which might confuse consumers.

Your name isn't very becoming of you. I'd expect someone named "<i>law</i>pal" to have a better idea about this. Going by your interpretation of "tradedress", the original teen paysite could sue every other teensite for creating a "confusingly" similar product?

They're all naked chicks, that are teens. SUE DAMMIT, SUE!!

You seem to misunderstand the statute!

"is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person"

Simply put, would a reasonable person be deceived into thinking internet washer and internet eraser are the same product?
I don't think so.

Obviously, someone will realise that they will essentially do the same thing. Hell, i'm pretty sure Heinz Baked Beans are essentially the same as Golden Circle Baked Beans too! Should they sue?

"false designation of origin + false or misleading description of fact"

Please point out where this occurs.

Fletch XXX · 08-18-2002, 01:16 AM

not deceiving enough.

Joe Sixpack · 08-18-2002, 01:17 AM

Quote:

Originally posted by chodadog
Hell, i'm pretty sure Heinz Baked Beans are essentially the same as Golden Circle Baked Beans too! Should they sue?

Another Queenslander.

LiveDose · 08-18-2002, 01:57 AM

Oh, good. After reading this post I just remembered why most lawyers make me sick...

Thank you.

Pathfinder · 08-18-2002, 02:38 AM

Lawpal:

This is a good opportunity to practice defense.

Paul Markham · 08-18-2002, 02:54 AM

Big time Internet pornographer goes to court to defend his product that wipes porno off a computer. On a very shakey case. Hmmmmm

Lawpal remind me to come take a holiday where you live. Me I live in the real world but have always wanted to go to Dreamland. Now I have an reason, to come and talk some sense into you.

Or was this just a bit of Kiss ass?

chodadog · 08-18-2002, 03:11 AM

Quote:

Originally posted by Joe Sixpack

Another Queenslander.

greentea · 08-18-2002, 04:42 AM

Lawpal how many times did you fail the bar exam?

FATPad · 08-18-2002, 04:58 AM

You must be kidding me...

I'm really starting to think it might be time to kill all the lawyers.

.:Frog:. · 08-18-2002, 05:11 AM

Quote:

Originally posted by greentea
Lawpal how many times did you fail the bar exam?

I doubt he has even taken the bar exam. j/k

Paul Markham · 08-18-2002, 05:44 AM

Quote:

Originally posted by greentea
Lawpal how many times did you fail the bar exam?

Every time the barman says "Can you afford that sir" he examines his purse and fails to find any money.

Lawpal, you know so much about the law? Go do what APIC are trying to do, but do it nicely.

EscortBiz · 08-18-2002, 05:59 AM

lol true

lawpal · 08-18-2002, 07:18 AM

Quote:

Originally posted by greentea
Lawpal how many times did you fail the bar exam?

took it once, passed it the first time

thanks for asking

TheBigGuy · 08-18-2002, 07:57 AM

Damn, tough crowd!

Lensman · 08-18-2002, 08:40 AM

Lawpal has some excellent points, we ran across another one that was even worse the other day, they had even stolen some of our graphics.

I'm on the road right now, but when I get back at the office I should have you take a run at them.

HQ · 08-18-2002, 10:43 AM

Quote:

Originally posted by Lensman
Lawpal has some excellent points, we ran across another one that was even worse the other day, they had even stolen some of our graphics.

I'm on the road right now, but when I get back at the office I should have you take a run at them.

Yeah I saw that one too, I can't remember the url now though. I just thought it was your site. It looked exactly the same.

Altima · 08-18-2002, 10:49 AM

anyone who has a paysite should sue everyone else who does.
come on give me a break.

sexygoat · 08-18-2002, 11:10 AM

what an ass kisser, mind your own biz dude !

Matt 26z · 08-18-2002, 03:54 PM

I could see going after someone for stealing advertising material and using it as their own, but not because they have a similar program. That wouldn't hold up in court. There are MANY "internet eraser" type programs. Evidence Eliminator being the most well known. There are also many free programs that do this same stuff.

08-16-2002, 07:54 AM	#1
lawpal Confirmed User Join Date: Feb 2002 Location: Miami Posts: 824	lensman - are you going to sue these suckers? I saw this ad on Yahoo, and decided to check it out. http://www.internetwasher.com/ This shit looks a lot like InternetEraser. The pop-up ads which they use, combined with the domain name, their marketing, and the layout of their site and advertising, combine to create confusing similarities which will end up resulting in your losing customers and money. You should speak to your lawyer and ask him to evaluate this matter to determine if you have a defendable "tradedress" issue under the Lanham Act based upon their actions and the confusing similarties that exist. He should know exactly what I am talking about. Peace LawPal Last edited by lawpal; 08-16-2002 at 07:59 AM..

08-16-2002, 08:03 AM	#4
Sex4it Confirmed User Industry Role: Join Date: Aug 2001 Posts: 784	I see no problem __________________ I'm back and happy about it.

08-16-2002, 09:06 AM	#12
DarkestWeb Confirmed User Join Date: Jul 2002 Posts: 110	I may be completely off base here but I think that Internet Eraser is a bland product that you can have the "actual" developers mark with your name etc. You pay them a bit of money and they make the program "YourEraserProgram" . I'm not sure if this is the same thing Lens is doing but I know there is a company that does this. MoTives __________________ <a href=http://www.elitesponsors.com target=_blank>Full List of some of the best adult sponsors!</a>

08-18-2002, 12:49 AM	#13
.:Frog:. Confirmed User Join Date: Jul 2002 Location: ~ C A N A D A ~ Posts: 2,123	Lawpal are you for real? Last edited by .:Frog:.; 08-18-2002 at 12:52 AM..

08-18-2002, 01:16 AM	#16
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	not deceiving enough. __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

08-16-2002, 08:00 AM	#2
ControlThy Confirmed User Join Date: May 2002 Posts: 1,909	Are you talking about: http://www.interneteraser.com and http://www.internetwash.com ? Don't look similair to me, please elaborate.

08-16-2002, 08:35 AM	#5
lawpal Confirmed User Join Date: Feb 2002 Location: Miami Posts: 824	I see several problems Internet eraser has, under the Lahnam act, an argument that it owns a "tradedress", which essentially means that it can make a claim against someone trying to steal money by creating a confusingly similar product, which they market and sell in a manner which might confuse consumers. I think the problems are confusingly similar domain names confusingly similar advertising confusingly similar pop-up ads risk of consumer confusion if someone buys internetwasher that reduces the potential consumer base for internet eraser, and is essentially stealing customers based on the use of the internet eraser tradedress, and the risk of diluting the market can constitute damages. Here is the applicable statute: http://www4.law.cornell.edu/uscode/15/1125.html At the minimum I would send them a cease and desist letter, and if that did not work I would consider suing them in federal court.

08-16-2002, 08:39 AM	#6
DrewKole Confirmed User Join Date: Aug 2001 Posts: 5,193	and here I was, thinking that lensman created the first ever internet "cleaning" program? no case, move on, there's nothing at all to see here. =)

08-16-2002, 08:39 AM	#7
DarkJedi No Refunds Issued. Industry Role: Join Date: Feb 2001 Location: GFY Posts: 28,300	wake the hell up

08-16-2002, 08:41 AM	#8
ControlThy Confirmed User Join Date: May 2002 Posts: 1,909	Lawpal, I think you are overreacting a bit. There are hundreds if not thousands of products being sold everyday that are in some way similair to their counterparts. Maybe this is "confusing" for you, but I am sure a judge will see it all clearly.

08-16-2002, 09:01 AM	#11
RATBOY Confirmed User Join Date: May 2002 Location: Seattle, WA Posts: 1,592	Ummm, I think there is no case here. He may get a settlement, but it would hardly cover the lawyers fees. However the long term benefits may be payoff enough (if he wins a lawsuit).

08-18-2002, 12:54 AM	#14
Pornwolf Drunk and Unruly Join Date: Jan 2002 Location: Hollywood Posts: 22,712	Thanks guys! Now I see it's safe for me to register http://internet-e-raser.com/

08-18-2002, 01:57 AM	#18
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	Oh, good. After reading this post I just remembered why most lawyers make me sick... Thank you. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

08-18-2002, 02:38 AM	#19
Pathfinder theking of trailer parks Industry Role: Join Date: Sep 2001 Location: Tehachapi, California Posts: 2,277	Lawpal: This is a good opportunity to practice defense.

08-18-2002, 02:54 AM	#20
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	Big time Internet pornographer goes to court to defend his product that wipes porno off a computer. On a very shakey case. Hmmmmm Lawpal remind me to come take a holiday where you live. Me I live in the real world but have always wanted to go to Dreamland. Now I have an reason, to come and talk some sense into you. Or was this just a bit of Kiss ass? __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70

08-18-2002, 04:42 AM	#22
greentea Confirmed User Join Date: Mar 2002 Location: South Florida Posts: 6,580	Lawpal how many times did you fail the bar exam?

08-18-2002, 04:58 AM	#23
FATPad Confirmed User Join Date: Oct 2001 Posts: 6,693	You must be kidding me... I'm really starting to think it might be time to kill all the lawyers.

08-18-2002, 05:59 AM	#26
EscortBiz Fuck Checks, CASH only! Join Date: May 2002 Location: New York City Posts: 19,422	lol true __________________ Spanking, Medical Fetish, Sleeping, Strap-on Anal Lesbians, Girls Fucking Guys, Handjob site REAL HOT, Shemales, Anal and Ass Licking sites 100% Real EXCLUSIVE with amazing retention, ccbill payouts, lots of content FREE FTP HOSTING Promote the largest and oldest member paid escort site, Converts 10 times better then any dating site, CCBill payouts ICQ# 158802076

08-18-2002, 07:57 AM	#28
TheBigGuy Registered User Join Date: Jun 2002 Posts: 84	Damn, tough crowd!

08-18-2002, 08:40 AM	#29
Lensman GFY Chaperone Join Date: Jan 2001 Location: Adult.com Posts: 9,846	Lawpal has some excellent points, we ran across another one that was even worse the other day, they had even stolen some of our graphics. I'm on the road right now, but when I get back at the office I should have you take a run at them.

08-18-2002, 10:49 AM	#31
Altima Confirmed User Join Date: Jan 2002 Location: Canada Posts: 221	anyone who has a paysite should sue everyone else who does. come on give me a break.

08-18-2002, 11:10 AM	#32
sexygoat So Fucking Banned Join Date: Aug 2002 Posts: 357	what an ass kisser, mind your own biz dude ! Last edited by sexygoat; 08-18-2002 at 11:11 AM..

08-18-2002, 03:54 PM	#33
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	I could see going after someone for stealing advertising material and using it as their own, but not because they have a similar program. That wouldn't hold up in court. There are MANY "internet eraser" type programs. Evidence Eliminator being the most well known. There are also many free programs that do this same stuff.