Trademark infringement wtf

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  • camchoice
    Confirmed User
    • Dec 2003
    • 1267

    #1

    Trademark infringement wtf

    I got this email , claiming trademark infringement because I own camguys.org I checked his trademark registration, which is listed here :

    http://tess2.uspto.gov/bin/showfield...10:8139hu.13.1

    It clearly states :

    Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GUYS" APART FROM THE MARK AS SHOWN
    Here is the email :

    My name is Chris Wescott, I am the Vice President of Z Productions, Inc. which owns www.CamGuys.org We also own the trademark for The Cam Guys (Registration Number 3,736,771)
    The website www.CamGuys.org is a direct and intentional infringement upon out trademark and it is putting our trademark name on the internet in a way that we do not approve of or desire. You are also financially benefiting from using our name (a confusingly similar version of it).
    I ask that you immediately shut down the website: www.CamGuys.org
    We are forwarding this letter to our attorneys (via blind copy) who have been asked to act swiftly if the site is not immediately taken down.
    I hope you understand and respect the gravity of this situation and will work to rectify it at once.
    Does this guy have any chance ? Besides I am based in Europe, I assume his trademark is just for USA. If I move the shit back to Europe I am okay ? Does anyone have any experience with this ?

    Maybe I just put a picture on it of some real nasty gay work, then i am not financially benefiting from it, lol...
    Last edited by camchoice; 04-12-2010, 10:18 AM.
    Free Porn Webcams
  • Wizzo
    2011 GFY Hall of Fame!
    • Nov 2000
    • 15224

    #2
    You might want to talk to a lawyer, but looks like they might have a case on you, unless you bought and established the dot org before they did with the dot com.
    Looking for Opportunity!

    Comment

    • DateDoc
      Outside looking in.
      • Feb 2005
      • 14243

      #3
      The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

      Comment

      • camchoice
        Confirmed User
        • Dec 2003
        • 1267

        #4
        Originally posted by DateDoc
        The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?
        Thats the strange thing about it, he doesn't own the domain... I do
        Free Porn Webcams

        Comment

        • Sly
          Let's do some business!
          • Sep 2004
          • 31377

          #5
          Originally posted by DateDoc
          The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?
          I read the post three times thinking I was reading it wrong. I noticed the same thing.
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          • lazycash
            Troll Patrol
            • Aug 2002
            • 15214

            #6
            Originally posted by camchoice
            Thats the strange thing about it, he doesn't own the domain... I do

            Before you do anything, email him back and get some clarification as to what he's talking about as you own the domain camguys.org.
            "WTF, on google you can find the answer to every question in human history, EXCEPT how to convert cams..

            Its crazy..."

            VenusBlogger

            Comment

            • DateDoc
              Outside looking in.
              • Feb 2005
              • 14243

              #7
              email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site.

              Comment

              • lazycash
                Troll Patrol
                • Aug 2002
                • 15214

                #8
                It appears he owns camguys.com , if you go to the site and look at the very bottom you'll see this. "The Cam Guys" is a trademark of CamGuys.com
                "WTF, on google you can find the answer to every question in human history, EXCEPT how to convert cams..

                Its crazy..."

                VenusBlogger

                Comment

                • Agent 488
                  Registered User
                  • Feb 2006
                  • 22511

                  #9
                  sounds retarded.

                  Comment

                  • woj
                    <&(©¿©)&>
                    • Jul 2002
                    • 47882

                    #10
                    he is probably bluffing, I wouldn't worry about it till his lawyer contacts you...
                    Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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                    • camchoice
                      Confirmed User
                      • Dec 2003
                      • 1267

                      #11
                      Originally posted by DateDoc
                      email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site.
                      Yeah I guess he made a typo.... His site was like this in June 2008 :
                      http://web.archive.org/web/200806081...w.camguys.com/

                      We own the domain since sept 4 2008 and it never changed content...
                      Free Porn Webcams

                      Comment

                      • ottopottomouse
                        She is ugly, bad luck.
                        • Jan 2010
                        • 13177

                        #12
                        appears to have only been filed last year
                        Thank you for your request. Here are the latest results from the TARR web server.
                        This page was generated by the TARR system on 2010-04-12 14:37:42 ET

                        Serial Number: 77757891 Assignment Information Trademark Document Retrieval

                        Registration Number: 3736771

                        Mark
                        The Cam Guys


                        (words only): THE CAM GUYS

                        Standard Character claim: Yes

                        Current Status: Registered.

                        Date of Status: 2010-01-12

                        Filing Date: 2009-06-11

                        Transformed into a National Application: No

                        Registration Date: 2010-01-12

                        Register: Principal

                        Law Office Assigned: LAW OFFICE 105

                        If you are the applicant or applicant's attorney and have questions about this file, please contact the Trademark Assistance Center at [email protected]

                        Current Location: 650 -Publication And Issue Section

                        Date In Location: 2010-01-12

                        LAST APPLICANT(S)/OWNER(S) OF RECORD
                        1. Z Productions, Inc.

                        DBA/AKA/TA/Formerly: DBA Global Internet Corporation
                        Address:
                        Z Productions, Inc.
                        P.O. Box 3732
                        St. Petersburg, FL 33731
                        United States
                        Legal Entity Type: Corporation
                        State or Country of Incorporation: Florida
                        Phone Number: 813-404-2606
                        Fax Number: 208-275-4510

                        GOODS AND/OR SERVICES
                        International Class: 041
                        Class Status: Active
                        Entertainment services, namely, providing webcasts in the field of male models for viewing purposes
                        Basis: 1(a)
                        First Use Date: 2005-11-06
                        First Use in Commerce Date: 2005-11-06

                        ADDITIONAL INFORMATION
                        Disclaimer: "GUYS"

                        MADRID PROTOCOL INFORMATION
                        (NOT AVAILABLE)

                        PROSECUTION HISTORY NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.

                        2010-01-12 - Registered - Principal Register

                        2009-10-27 - Notice Of Publication E-Mailed

                        2009-10-27 - Published for opposition

                        2009-09-24 - Law Office Publication Review Completed

                        2009-09-24 - Assigned To LIE

                        2009-09-14 - Approved for Pub - Principal Register (Initial exam)

                        2009-09-14 - Examiner's Amendment Entered

                        2009-09-14 - Notification Of Examiners Amendment E-Mailed

                        2009-09-14 - Examiners amendment e-mailed

                        2009-09-14 - Examiners Amendment -Written

                        2009-09-10 - Assigned To Examiner

                        2009-06-16 - New Application Office Supplied Data Entered In Tram

                        2009-06-15 - New Application Entered In Tram

                        ATTORNEY/CORRESPONDENT INFORMATION
                        Correspondent
                        Z PRODUCTIONS, INC.
                        Z PRODUCTIONS, INC.
                        PO BOX 3732
                        ST PETERSBURG, FL 33731-3732
                        Phone Number: 813-404-2606
                        Fax Number: 208-275-4510
                        ↑ see post ↑
                        13101

                        Comment

                        • Fat Panda
                          Porn is Dead. Move along.
                          • Aug 2006
                          • 13296

                          #13
                          you're fucked

                          Comment

                          • marketsmart
                            HOMICIDAL TROLL KILLER
                            • Dec 2004
                            • 20419

                            #14
                            I emailed him back for you and told him to go fuck himself and you will see him in court...

                            Hopefully he will back down....

                            You're welcome..





                            .

                            Comment

                            • Matt 26z
                              So Fucking Banned
                              • Apr 2002
                              • 18481

                              #15
                              If it were to go to WIPO you may lose on grounds that your domain is confusingly similar to his trademark.

                              His TM is for "The Cam Guys" and one has to wonder if an application for "Cam Guys" was denied. Probably not, but it might be worth checking into.

                              CamGuys.com May 23, 1997 (he appears to not be the original registrant... think he used his TM to take this domain?)
                              TheCamGuys.com Nov 06, 2005

                              Filing date: June 11, 2009
                              Stated first use in commerce: Nov 06, 2005 (Dec 15, 2005 Archive.org shows an undeveloped page.)

                              CamGuys.org Sept 04, 2008

                              Your domain pre-dates his TM. As long as you were using the domain prior to June 11, 2009, I think you are in the clear.

                              Comment

                              • pradaboy
                                sell me your banners
                                • Dec 2003
                                • 12931

                                #16
                                Just ignore him, he has no basis for a case. He's just trying to intimidate you.
                                Media Buyer - Sell me your traffic!
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                                Comment

                                • camchoice
                                  Confirmed User
                                  • Dec 2003
                                  • 1267

                                  #17
                                  I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC)
                                  We own the domain camguys.org since 2008-09-04

                                  I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard...
                                  Free Porn Webcams

                                  Comment

                                  • Matt 26z
                                    So Fucking Banned
                                    • Apr 2002
                                    • 18481

                                    #18
                                    I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

                                    Comment

                                    • moeloubani
                                      Confirmed User
                                      • Dec 2007
                                      • 4235

                                      #19
                                      no one sends a blind copy to the lawyer, you want people to see that shit

                                      Comment

                                      • BlackCrayon
                                        Too lazy to set a custom title
                                        • Jun 2003
                                        • 19634

                                        #20
                                        probably bullshit. i've had many people email me claiming one of my domains is violating something or other, none ever went to anything legal.
                                        you don't know you're wearing a leash if you sit by the peg all day..

                                        Comment

                                        • Lilit
                                          Confirmed User
                                          • Mar 2007
                                          • 1645

                                          #21
                                          Originally posted by camchoice
                                          I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC)
                                          We own the domain camguys.org since 2008-09-04

                                          I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard...
                                          For some reason I really doubt it will go that far to court in this particular situation, but I'd do the same as you to feel secure
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                                          Comment

                                          • DateDoc
                                            Outside looking in.
                                            • Feb 2005
                                            • 14243

                                            #22
                                            Originally posted by Matt 26z
                                            I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."
                                            Yes, reply to him and get clarification on the domain name and that you were using yours before he owned his. I would not change the domain's content either.

                                            Comment

                                            • Matt 26z
                                              So Fucking Banned
                                              • Apr 2002
                                              • 18481

                                              #23
                                              Originally posted by camchoice
                                              he owns the domain camguys.com since 2009-07-19 ,
                                              Interesting. His TM filing date was one month earlier. I'll bet he did threaten them into giving up camguys.com.

                                              Comment

                                              • brassmonkey
                                                Pay It Forward
                                                • Sep 2005
                                                • 77397

                                                #24
                                                jeez thats a mess
                                                TRUMP 2026 KEKAW!!! - The Laken Riley Act Is Law!
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                                                Comment

                                                • camchoice
                                                  Confirmed User
                                                  • Dec 2003
                                                  • 1267

                                                  #25
                                                  Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers.
                                                  Free Porn Webcams

                                                  Comment

                                                  • DateDoc
                                                    Outside looking in.
                                                    • Feb 2005
                                                    • 14243

                                                    #26
                                                    Originally posted by Matt 26z
                                                    Interesting. His TM filing date was one month earlier. I'll bet he did threaten them into giving up camguys.com.
                                                    The TM is for The Cam Guys which is the same as his old domain name.

                                                    Comment

                                                    • HomeFry
                                                      Confirmed User
                                                      • Jun 2006
                                                      • 1062

                                                      #27
                                                      Sell it to him for $50,000.00.
                                                      Need Mushrooms Designed? Gimme-Website

                                                      Comment

                                                      • IllTestYourGirls
                                                        Ah My Balls
                                                        • Feb 2007
                                                        • 14311

                                                        #28
                                                        Originally posted by camchoice
                                                        Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers.
                                                        lmao

                                                        Comment

                                                        • camchoice
                                                          Confirmed User
                                                          • Dec 2003
                                                          • 1267

                                                          #29
                                                          Originally posted by woj
                                                          he is probably bluffing, I wouldn't worry about it till his lawyer contacts you...
                                                          The problem is that he is calling my hosting company, which are based in the US, it seems they can try to sue them for hosting the site..

                                                          So ridiculous
                                                          Last edited by camchoice; 04-12-2010, 11:31 AM.
                                                          Free Porn Webcams

                                                          Comment

                                                          • DateDoc
                                                            Outside looking in.
                                                            • Feb 2005
                                                            • 14243

                                                            #30
                                                            Originally posted by camchoice
                                                            The problem is that he is calling my hosting company, which are based in the US
                                                            Then tell him to fuck off. The way you are handling this is making you look guilty of what he is accusing you of even though you are not. Take a stand for what is yours.

                                                            Comment

                                                            • camchoice
                                                              Confirmed User
                                                              • Dec 2003
                                                              • 1267

                                                              #31
                                                              Originally posted by Matt 26z
                                                              I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."
                                                              Done... thanks for that
                                                              Free Porn Webcams

                                                              Comment

                                                              • camchoice
                                                                Confirmed User
                                                                • Dec 2003
                                                                • 1267

                                                                #32
                                                                Originally posted by DateDoc
                                                                Then tell him to fuck off. The way you are handling this is making you look guilty of what he is accusing you of even though you are not. Take a stand for what is yours.
                                                                I'm taking a stand, I am not taking the site down just because someone threatens me.. No harm is done until I receive an official notification of his lawyer...
                                                                Free Porn Webcams

                                                                Comment

                                                                • camchoice
                                                                  Confirmed User
                                                                  • Dec 2003
                                                                  • 1267

                                                                  #33
                                                                  Originally posted by HomeFry
                                                                  Sell it to him for $50,000.00.
                                                                  Maybe I should ask the same as the guy from camgirls.com
                                                                  Considering that, price went up to 10k
                                                                  Free Porn Webcams

                                                                  Comment

                                                                  • camchoice
                                                                    Confirmed User
                                                                    • Dec 2003
                                                                    • 1267

                                                                    #34
                                                                    Originally posted by marketsmart
                                                                    I emailed him back for you and told him to go fuck himself and you will see him in court...

                                                                    Hopefully he will back down....

                                                                    You're welcome..
                                                                    .
                                                                    Thanks for that, I couldn't do that. Mom told me not to curse
                                                                    Free Porn Webcams

                                                                    Comment

                                                                    • borked
                                                                      Totally Borked
                                                                      • Feb 2005
                                                                      • 6284

                                                                      #35
                                                                      Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?

                                                                      Why didn't he just have his lawyer send out the letter and save all the guess-work?

                                                                      For coding work - hit me up on andy // borkedcoder // com
                                                                      (consider figuring out the email as test #1)



                                                                      All models are wrong, but some are useful. George E.P. Box. p202

                                                                      Comment

                                                                      • Pics Traffic
                                                                        Confirmed User
                                                                        • Jun 2004
                                                                        • 3055

                                                                        #36
                                                                        This is interesting. Keep us posted how this goes. For not, it looks like your site is down.
                                                                        My Network Is Waiting For Your Fuckin' Trade!

                                                                        Comment

                                                                        • gideongallery
                                                                          Confirmed User
                                                                          • Aug 2003
                                                                          • 7082

                                                                          #37
                                                                          hit me up if you get pushed to domain arbitration

                                                                          “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                          Comment

                                                                          • spazlabz
                                                                            Confirmed User
                                                                            • Jul 2003
                                                                            • 6548

                                                                            #38
                                                                            Originally posted by borked
                                                                            Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?

                                                                            Why didn't he just have his lawyer send out the letter and save all the guess-work?
                                                                            I would think that if you had;

                                                                            1) a ligitimate claim
                                                                            and
                                                                            2) a Lawyer

                                                                            why involve yourself in it? set your legal attack dogs on him and let them chew. sounds like he is trying to BS and bully to me


                                                                            spaz

                                                                            Comment

                                                                            • HandballJim
                                                                              Confirmed User
                                                                              • Sep 2008
                                                                              • 4024

                                                                              #39
                                                                              Originally posted by moeloubani
                                                                              no one sends a blind copy to the lawyer, you want people to see that shit
                                                                              I agree, usually a lawyer will send the email and also send a copy via post office. It sucks having trademark problems, but sometimes they are worth disputing. Not sure if a .org is worth the trouble.
                                                                              HOW I MAKE LOTS OF $$$

                                                                              Comment

                                                                              • DBS.US
                                                                                Geo Cities
                                                                                • Aug 2003
                                                                                • 11843

                                                                                #40
                                                                                We are forwarding this letter to our attorneys
                                                                                If he was serious the letter would be from his attorney.
                                                                                Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

                                                                                Comment

                                                                                • digitaldivas
                                                                                  ..I Heart Cannibal Corpse
                                                                                  • Sep 2007
                                                                                  • 4328

                                                                                  #41
                                                                                  Originally posted by marketsmart
                                                                                  I emailed him back for you and told him to go fuck himself and you will see him in court...

                                                                                  Hopefully he will back down....

                                                                                  You're welcome..

                                                                                  .
                                                                                  lmfao
                                                                                  ...

                                                                                  Comment

                                                                                  • CYF
                                                                                    Coupon Guru
                                                                                    • Mar 2009
                                                                                    • 10973

                                                                                    #42
                                                                                    Originally posted by camchoice
                                                                                    Maybe I should ask the same as the guy from camgirls.com
                                                                                    Considering that, price went up to 10k
                                                                                    don't offer to sell the domain to him
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                                                                                    Comment

                                                                                    • famous
                                                                                      Confirmed User
                                                                                      • May 2002
                                                                                      • 674

                                                                                      #43
                                                                                      yep if you offer to sell it it shows you are not serious about your domain. I would tell him to fuck off. He is just like every other keyboard warrior on the net with his imaginary lawyers.

                                                                                      Comment

                                                                                      • lagcam
                                                                                        Confirmed User
                                                                                        • Jul 2007
                                                                                        • 2890

                                                                                        #44
                                                                                        Originally posted by CYF
                                                                                        don't offer to sell the domain to him
                                                                                        Correct, that would not show you in a good light imo.
                                                                                        Working Cam site for sale - NOT affiliate.

                                                                                        Comment

                                                                                        • DBS.US
                                                                                          Geo Cities
                                                                                          • Aug 2003
                                                                                          • 11843

                                                                                          #45
                                                                                          Did you have the domain before his trademark was filed?
                                                                                          Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

                                                                                          Comment

                                                                                          • Cyber Fucker
                                                                                            Hmm
                                                                                            • Sep 2005
                                                                                            • 12642

                                                                                            #46
                                                                                            Those fuckers never give up with stealing someones domains... fuck them.

                                                                                            Comment

                                                                                            • camchoice
                                                                                              Confirmed User
                                                                                              • Dec 2003
                                                                                              • 1267

                                                                                              #47
                                                                                              Originally posted by DBS.US
                                                                                              Did you have the domain before his trademark was filed?
                                                                                              Yes I did and that seems to be the clue...

                                                                                              don't offer to sell the domain to him
                                                                                              That was just a joke. If he buys it he can collect it in person

                                                                                              If he was serious the letter would be from his attorney.
                                                                                              That's true, looking at his sites thecamguys.com and others he does not seem to do very well financially. Second.. Why doesnt he have his site at camguys.com (which he owns) He redirects camguys.com to thecamguys.com.

                                                                                              This is interesting. Keep us posted how this goes. For not, it looks like your site is down.
                                                                                              This guy was herassing my hosting all day long. So to get him of their backs I moved the site to my dutch servers. But something seems to be wrong with the dns change. Waiting for that to be solved . It was not taken down on purpose.

                                                                                              Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?
                                                                                              Why didn't he just have his lawyer send out the letter and save all the guess-work?
                                                                                              Not a clue.. I guess this is his fetish

                                                                                              If he put as much effort on his sites as he does on this he would be more successfull and leave me the fuck alone
                                                                                              Last edited by camchoice; 04-13-2010, 10:02 AM.
                                                                                              Free Porn Webcams

                                                                                              Comment

                                                                                              • camchoice
                                                                                                Confirmed User
                                                                                                • Dec 2003
                                                                                                • 1267

                                                                                                #48
                                                                                                Site is back up... From a different location.
                                                                                                And now we wait
                                                                                                Free Porn Webcams

                                                                                                Comment

                                                                                                • Barefootsies
                                                                                                  Choice is an Illusion
                                                                                                  • Feb 2005
                                                                                                  • 42635

                                                                                                  #49
                                                                                                  Originally posted by woj
                                                                                                  he is probably bluffing, I wouldn't worry about it till his lawyer contacts you...
                                                                                                  That depends on the issue.

                                                                                                  In this case, it appears he may actually have a trademark on .com that can be verified. Otherwise, I would agree with you. A lot of times on the web people will claim they have trademark or copyright when they do not. So you are best to let the lawyers handle it and call the bluff.

                                                                                                  But there are some circumstances where it's not worth the fight, and better to just roll over. I can't say something like ownership of a domain/site is one of those cases though. I would refer to a lawyer.
                                                                                                  Should You Email Your Members?

                                                                                                  Link1 | Link2 | Link3

                                                                                                  Enough Said.

                                                                                                  "Would you rather live like a king for a year or like a prince forever?"

                                                                                                  Comment

                                                                                                  • Barefootsies
                                                                                                    Choice is an Illusion
                                                                                                    • Feb 2005
                                                                                                    • 42635

                                                                                                    #50
                                                                                                    Originally posted by famous
                                                                                                    yep if you offer to sell it it shows you are not serious about your domain. I would tell him to fuck off. He is just like every other keyboard warrior on the net with his imaginary lawyers.
                                                                                                    Should You Email Your Members?

                                                                                                    Link1 | Link2 | Link3

                                                                                                    Enough Said.

                                                                                                    "Would you rather live like a king for a year or like a prince forever?"

                                                                                                    Comment

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