LEXUS sues adult site/owner Lexus Cash! Right or Wrong? What do you think? - GoFuckYourself.com

OMG Jim · 06-04-2007, 09:30 AM

Looks like the mainstream corporate boys did not take too kindly to an adult website owner using their name and have decided to sue the solo girl site www.LexusCash.com.

I know that Lexus is a common name in the Adult industry but do you think that Toyota/Lexus is justifiable in this suit???

http://xbiz.com/news_piece.php?id=23357

The Lexus Brand

In 1986, Toyota?s longtime advertising agency Saatchi & Saatchi formed a specialized unit, Team One, to handle marketing for the new luxury brand. Image consulting firm Lippincott & Margulies was hired to develop a list of 219 prospective names; Vectre, Verone, Chaparel, Calibre and Alexis were chosen as top candidates.

While Alexis quickly became the front runner (possibly due to the association with the Alexis Carrington character on the popular 1980s primetime drama Dynasty) and later morphed to Lexus, the name has been attributed to the combination of the words "luxury" and "elegance." According to Toyota, the name has no specific meaning and is just meant to be pleasing and easy to remember.

Just prior to the release of the first vehicles, database service LexisNexis obtained a temporary injunction forbidding the name Lexus from being used as they stated it might cause confusion. Upon reflection, the court lifted the injunction, deciding that there was a low likelihood of confusion between the two products.

The original Lexus slogan, developed after Team One representatives visited Lexus designers in Japan and noted their obsessive attention to detail, became "The Relentless Pursuit of Perfection."

The Lexus logo was developed by Molly Designs and Hunter Communications. The final design for the Lexus logo featured a stylized ?L? within an oval, and according to Toyota was rendered using a precise mathematical formula. The first teaser ads featuring the Lexus name and logo, designed by Team One, appeared at the Chicago, Los Angeles, and New York auto shows in 1988.

Based on the fact that Toyota DID in fact come up with this name and trademarked it and it is NOT a name that can be found in the dictionary I think that Toyota/Lexus will prevail here. What do you think???

_

MattO · 06-04-2007, 09:35 AM

They served me a few weeks ago because I run pornstar directories and have instances of Lexus in there. I caved and pulled those items outta my DB.

starpimps · 06-04-2007, 09:37 AM

well considering his site looks like a piece of shit and they first sent him a C&D and he laughed it off...i think its justified

things he could have done:
1) take that crappy site offline
2) move it to a new domain (not like losing his pr2 is going to hurt) and change his super awesome header...easy

but he decided to not take it seriously..so whatever, good luck on the case for him

ztik · 06-04-2007, 09:37 AM

Well I think Lexus was not used before the cars right?

If so they got the right to take your shit down.

I mean thats like me making googleporn and expect to not get sued

tony286 · 06-04-2007, 09:44 AM

its their name.

IllTestYourGirls · 06-04-2007, 09:44 AM

how could the site be making any money? why even fight it?

jpwhits · 06-04-2007, 09:49 AM

Payments are taken through PayPal lololol

http://www.lexuscash.com/join.html

candyflip · 06-04-2007, 09:54 AM

Quote:

Originally Posted by ztik

Well I think Lexus was not used before the cars right?

If so they got the right to take your shit down.

I mean thats like me making googleporn and expect to not get sued

For that spelling of the word I think you're right. Spelled "Lexis" it has been used prior to Toyota.

Phoenix · 06-04-2007, 09:55 AM

how would you feel if someone came out with www.almightycash.com

Nysus · 06-04-2007, 10:01 AM

In Canada at least they wouldn't win. Search relating to Barbie case..

D · 06-04-2007, 10:09 AM

If it can be proven that the trademark was used as a basis for the new use, they're in violation of trademark law.

As Lexus pretty much invented the word. it'd be hard to show otherwise.

OMG Jim · 06-04-2007, 10:21 AM

Quote:

Originally Posted by Phoenix

how would you feel if someone came out with www.almightycash.com

Well that would pretty much be impossible unless we sold them the domain name.

_

baddog · 06-04-2007, 10:28 AM

Why people insist on using other companies names is something I will never understand.

DWB · 06-04-2007, 10:39 AM

Good for them.

I would expect the same if any of you dumb asses came out with NikeCash.com.

candyflip · 06-04-2007, 10:42 AM

Just change the spelling to Lexis, problem solved. The domains are available and they could be through with all this pretty easily.

seeric · 06-04-2007, 10:44 AM

hahahahaha thats what trademark attorneys call a slam dunk

hottoddy · 06-04-2007, 10:47 AM

Quote:

Originally Posted by candyflip

Just change the spelling to Lexis, problem solved. The domains are available and they could be through with all this pretty easily.

Um, no. "Lexis" is a powerhouse in the legal community. Try www.lexis.com. They would get sued with this name variation too.

Funny thing is, "Lexis" was sued by "Lexus" back in the 90s and won. The reasoning was the names were distinct enough, and there was no likely source of confusion between a luxury car and legal publishing/research giant.

BucksMania · 06-04-2007, 10:47 AM

thanks god i didnt start BMWcash.com back in the day

Jay-Rock · 06-04-2007, 10:48 AM

My site is called barely legal teenz and I was saying the phrase barely legal before I ever knew about hustler. I say it all the time. Look at that barely legal over there isn't she hot. If they had invented or were the first to ever use this then I would understand, however barely legal is a common phrase. That like trying to trademark hotbabes or something that we use in everyday common language. This is a very vague subject.

candyflip · 06-04-2007, 12:31 PM

Quote:

Originally Posted by hottoddy

Um, no. "Lexis" is a powerhouse in the legal community. Try www.lexis.com. They would get sued with this name variation too.

Funny thing is, "Lexis" was sued by "Lexus" back in the 90s and won. The reasoning was the names were distinct enough, and there was no likely source of confusion between a luxury car and legal publishing/research giant.

Her existing domain name spelled Lexis and not Lexus. And you have it wrong, like the article stated above...Lexis had sued Lexus and lost.

CIVMatt · 06-04-2007, 12:36 PM

Quote:

Originally Posted by starpimps

well considering his site looks like a piece of shit and they first sent him a C&D and he laughed it off...i think its justified

things he could have done:
1) take that crappy site offline
2) move it to a new domain (not like losing his pr2 is going to hurt) and change his super awesome header...easy

but he decided to not take it seriously..so whatever, good luck on the case for him

Dude dont knock their l33t photoshop skills

chri$tian · 06-04-2007, 12:41 PM

They contacted us for a domain that had lexus (pornstar) in it to a while back, we took it down..

stickyfingerz · 06-04-2007, 12:42 PM

So I shouldnt launch MercedesMoney.com then????

WiredGuy · 06-04-2007, 01:51 PM

Just the name Lexus is not likely enough since LexusCash has nothing to do with automotive. But Lexus does also own trademarks on Lexus Financial, Lexus Financial Services, etc. etc. The usage of the word "cash" can be misleading on Lexus Financial products and services and I would say Lexus would likely win LexusCash because of this.
WG

scoreman · 06-04-2007, 02:04 PM

Business Darwinism strikes again!

NinjaSteve · 06-04-2007, 02:10 PM

Quote:

Originally Posted by AlmightyJim

Well that would pretty much be impossible unless we sold them the domain name.

_

okay... how about almightyJIMcash.com?

NinjaSteve · 06-04-2007, 02:12 PM

Quote:

Originally Posted by CIVMatt

Dude dont knock their l33t photoshop skills

niiiiiiiiiiiice!

TimBlaze · 06-04-2007, 02:15 PM

jesus christ that site sucks ass, he should have just complied with the C&D

acctman · 06-04-2007, 02:33 PM

No they're not wrong LEXUS is there name and brand... yes they slacked of enforcing there trademark but still they created the name LEXUS. its like if someone called there site Microsoft Cash... just because Lexus has turned into a poorly enforced trademark and name used by strippers all over america that still does not make it right. Lexus can enforce there trademark anytime they want.

Rui · 06-04-2007, 02:52 PM

right...

doubt the owner didn't though for a sec about the possibles consequences o such stupid tactic...

06-04-2007, 09:30 AM	#1
OMG Jim Confirmed User Industry Role: Join Date: Oct 2005 Location: Atlanta Posts: 3,153	LEXUS sues adult site/owner Lexus Cash! Right or Wrong? What do you think? Looks like the mainstream corporate boys did not take too kindly to an adult website owner using their name and have decided to sue the solo girl site www.LexusCash.com. I know that Lexus is a common name in the Adult industry but do you think that Toyota/Lexus is justifiable in this suit??? http://xbiz.com/news_piece.php?id=23357 The Lexus Brand In 1986, Toyota?s longtime advertising agency Saatchi & Saatchi formed a specialized unit, Team One, to handle marketing for the new luxury brand. Image consulting firm Lippincott & Margulies was hired to develop a list of 219 prospective names; Vectre, Verone, Chaparel, Calibre and Alexis were chosen as top candidates. While Alexis quickly became the front runner (possibly due to the association with the Alexis Carrington character on the popular 1980s primetime drama Dynasty) and later morphed to Lexus, the name has been attributed to the combination of the words "luxury" and "elegance." According to Toyota, the name has no specific meaning and is just meant to be pleasing and easy to remember. Just prior to the release of the first vehicles, database service LexisNexis obtained a temporary injunction forbidding the name Lexus from being used as they stated it might cause confusion. Upon reflection, the court lifted the injunction, deciding that there was a low likelihood of confusion between the two products. The original Lexus slogan, developed after Team One representatives visited Lexus designers in Japan and noted their obsessive attention to detail, became "The Relentless Pursuit of Perfection." The Lexus logo was developed by Molly Designs and Hunter Communications. The final design for the Lexus logo featured a stylized ?L? within an oval, and according to Toyota was rendered using a precise mathematical formula. The first teaser ads featuring the Lexus name and logo, designed by Team One, appeared at the Chicago, Los Angeles, and New York auto shows in 1988. Based on the fact that Toyota DID in fact come up with this name and trademarked it and it is NOT a name that can be found in the dictionary I think that Toyota/Lexus will prevail here. What do you think??? _ __________________ ICQ: 254 914 537 - Skype: AlmightyJim

06-04-2007, 09:37 AM	#3
starpimps Confirmed User Join Date: Sep 2006 Location: internets Posts: 6,954	well considering his site looks like a piece of shit and they first sent him a C&D and he laughed it off...i think its justified things he could have done: 1) take that crappy site offline 2) move it to a new domain (not like losing his pr2 is going to hurt) and change his super awesome header...easy but he decided to not take it seriously..so whatever, good luck on the case for him __________________ Teen Porn Models / Solo Girls

06-04-2007, 09:37 AM	#4
ztik Confirmed User Industry Role: Join Date: Aug 2001 Location: Nomad Posts: 5,196	Well I think Lexus was not used before the cars right? If so they got the right to take your shit down. I mean thats like me making googleporn and expect to not get sued __________________ .

06-04-2007, 09:44 AM	#6
IllTestYourGirls Ah My Balls Industry Role: Join Date: Feb 2007 Location: Under the gold leaf ICQ 388-454-421 Posts: 14,311	how could the site be making any money? why even fight it? __________________

06-04-2007, 09:49 AM	#7
jpwhits Confirmed User Join Date: Mar 2004 Posts: 1,045	Payments are taken through PayPal lololol http://www.lexuscash.com/join.html __________________ ))<>((

06-04-2007, 09:35 AM	#2
MattO The O is for Oohhh Join Date: Feb 2003 Location: AUSTIN TEJAS Posts: 10,861	They served me a few weeks ago because I run pornstar directories and have instances of Lexus in there. I caved and pulled those items outta my DB.

06-04-2007, 09:44 AM	#5
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	its their name.

06-04-2007, 09:55 AM	#9
Phoenix BACON BACON BACON Industry Role: Join Date: Nov 2002 Location: Poems everybody, the laddie fancies himself a poet Posts: 35,465	how would you feel if someone came out with www.almightycash.com __________________ Skype Phoenixskype1 Telegram PhoenixBrad https://quantads.io

06-04-2007, 10:01 AM	#10
Nysus Confirmed User Industry Role: Join Date: Aug 2001 Posts: 7,817	In Canada at least they wouldn't win. Search relating to Barbie case.. __________________ What name is pr0 / Untouched Markets using these days? Untouched Markets - pr0 - Refund My Money Now Someone owes me $2,000 because they didn't do any work that was paid for pointing at pr0 / William / UntouchedMarkets See https://gfy.com/fucking-around-and-business-discussion/948258-untouchedmarkets-pr0-refund-money-post16744521.html and for more detailed see https://gfy.com/fucking-around-and-business-discussion/948645-re-recent-bullshit-drama-explained-detail-pr0-untouched-markets.html

06-04-2007, 10:09 AM	#11
D Confirmed User Join Date: Jan 2006 Location: The Valley Posts: 7,412	If it can be proven that the trademark was used as a basis for the new use, they're in violation of trademark law. As Lexus pretty much invented the word. it'd be hard to show otherwise. __________________ -D. ICQ: 202-96-31

06-04-2007, 10:28 AM	#13
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	Why people insist on using other companies names is something I will never understand.

06-04-2007, 10:39 AM	#14
DWB Registered User Industry Role: Join Date: Jul 2003 Location: Encrypted. Access denied. Posts: 31,779	Good for them. I would expect the same if any of you dumb asses came out with NikeCash.com.

06-04-2007, 10:42 AM	#15
candyflip Carpe Visio Industry Role: Join Date: Jul 2002 Location: New York Posts: 43,064	Just change the spelling to Lexis, problem solved. The domains are available and they could be through with all this pretty easily. __________________ Spend you some brain. Email Me

06-04-2007, 10:44 AM	#16
seeric .......... Industry Role: Join Date: Aug 2004 Location: .......... Posts: 41,917	hahahahaha thats what trademark attorneys call a slam dunk

06-04-2007, 10:47 AM	#18
BucksMania Confirmed User Industry Role: Join Date: Oct 2005 Posts: 3,758	thanks god i didnt start BMWcash.com back in the day

06-04-2007, 10:48 AM	#19
Jay-Rock Confirmed User Industry Role: Join Date: Mar 2007 Location: Porn Valley Posts: 2,779	My site is called barely legal teenz and I was saying the phrase barely legal before I ever knew about hustler. I say it all the time. Look at that barely legal over there isn't she hot. If they had invented or were the first to ever use this then I would understand, however barely legal is a common phrase. That like trying to trademark hotbabes or something that we use in everyday common language. This is a very vague subject. __________________ HD and 4k Content Production by JayRock http://jayspov.net http://blackforwife.com http://cospimps.com SKYPE JAYROCKCONTENT [email protected] Twitter @jayrockcontent

06-04-2007, 12:41 PM	#22
chri$tian Confirmed User Industry Role: Join Date: Aug 2003 Location: Charleston, SC Posts: 2,468	They contacted us for a domain that had lexus (pornstar) in it to a while back, we took it down.. __________________ http://www.3dsex.com

06-04-2007, 12:42 PM	#23
stickyfingerz Doin fine Industry Role: Join Date: Oct 2005 Posts: 24,984	So I shouldnt launch MercedesMoney.com then????

06-04-2007, 01:51 PM	#24
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,487	Just the name Lexus is not likely enough since LexusCash has nothing to do with automotive. But Lexus does also own trademarks on Lexus Financial, Lexus Financial Services, etc. etc. The usage of the word "cash" can be misleading on Lexus Financial products and services and I would say Lexus would likely win LexusCash because of this. WG __________________ I play with Google.

06-04-2007, 02:04 PM	#25
scoreman Confirmed User Join Date: Nov 2001 Location: Miami, Florida Posts: 1,491	Business Darwinism strikes again! __________________

06-04-2007, 02:15 PM	#28
TimBlaze Confirmed User Industry Role: Join Date: Oct 2006 Posts: 1,625	jesus christ that site sucks ass, he should have just complied with the C&D __________________ Roll that shit, light that shit,

06-04-2007, 02:33 PM	#29
acctman Confirmed User Join Date: Oct 2003 Location: Atlanta Posts: 2,840	No they're not wrong LEXUS is there name and brand... yes they slacked of enforcing there trademark but still they created the name LEXUS. its like if someone called there site Microsoft Cash... just because Lexus has turned into a poorly enforced trademark and name used by strippers all over america that still does not make it right. Lexus can enforce there trademark anytime they want.

06-04-2007, 02:52 PM	#30
Rui web Join Date: Dec 2001 Location: On icq: 85-483-060 Posts: 9,533	right... doubt the owner didn't though for a sec about the possibles consequences o such stupid tactic...