wtf lightspeed?

[[MistaT]]

October 11, 2002
VIA EMAIL ([email protected]) AND FIRST-CLASS MAIL


RE: Lightspeed Media Corp., v. Liam Talbot
To Whom It May Concern:
We are the attorneys for Lightspeed Media Corp. representing them in their intellectual property and other legal matters.
Lightspeed Media Corp. (?Lightspeed?) is the owner of United States Federal Trademark Application No. 78138278 and numerous other trademark registrations pertaining to the mark ?Tawnee Stone.? Lightspeed Media Corp. uses this mark in the United States and internationally in conjunction with its online adult entertainment offerings. Lightspeed Media Corp. owns the domain name tawneestone.com, which is an operating commercial website.
Lightspeed recently discovered that Liam Talbot (?Talbot?) has registered and is using zxtawnee-stone.com (collectively the ?Domain Name?) as a World Wide Web domain name in violation of the Anticybersquatting Consumer Protection Act of 1999, which is embodied in the Lanham Act. You can find the ACPA at http://www4.law.cornell.edu/uscode/15/1129.html Furthermore, Talbot is intentionally trading on the goodwill of Lightspeed by using a trademark that is confusingly similar to Liam Talbot.
It is clear that Talbot?s use of the Domain Name is intended to (and actually does) confuse and misdirect customers seeking Lightspeed's website to Talbot?s website, while ensuring that Talbot?s customers are not confused. This activity is actionable under federal law and causes Talbot to be liable to Lightspeed in every state in which Talbot has made sales. Talbot?s activities are unlawful and constitute unfair competition, intentional trademark infringement, trademark dilution, false designation of origin and cybersquatting. The Lanham Act provides numerous remedies for trademark infringement and dilution, including, but not limited to, preliminary and permanent injunctive relief, money damages, a defendant?s profits, provisions for the destruction or confiscation of infringing products and promotional materials, and where intentional infringement is shown (as would be the case here), attorneys? fees and possible treble money damages.
Lightspeed has several options to enforce its legal rights. It can submit the matter to the Internet Corporation for Assigned Names and Numbers to be resolved under its Uniform Domain Name Dispute Resolution Policy (the ?Policy?) and seek a ruling that the Domain Name be transferred to Lightspeed. The Policy can be found at http://www.icann.org/dndr/udrp/policy.htm
Second, Lightspeed can file a lawsuit against Talbot seeking: (i) preliminary and permanent injunctions, (ii) money damages, (iii) compensation equal to Talbot?s profits, (iv) reimbursement for Lightspeed?s attorney's fees (because of Talbot?s blatant and intentional acts), and (v) a court order that Talbot transfer the Domain Name to Lightspeed and that Talbot compensate Lightspeed for damage to Lightspeed?s goodwill.
Please understand that Lightspeed?s primary concern is in protecting its intellectual property interests in the Tawnee Stone mark. In similar situations to this one, Lightspeed licenses the use of the infringing domain back to the infringing party (you) once it has been transferred to Lightspeed. If you are an affiliate of Lightspeed, you should contact Richard Buss ([email protected]) to discuss this possibility.
Lightspeed prefers to resolve this matter without taking legal action, but it is prepared to file a lawsuit if necessary to protect its rights and business. Talbot may avoid legal action by having an authorized representative of Talbot sign this letter where indicated below and return the signed letter to me on or before October 25, 2002.
This letter is sent without prejudice to Lightspeed's rights and claims, all of which are expressly reserved. I am sending you a copy of this letter by regular first class mail in addition to sending it to you by email.
Sincerely,
AvantLaw pllc


Robert S. Apgood
cc: Lightspeed Media Corp.
The undersigned covenants to take the following actions immediately: (i) transfer any and all rights of the undersigned in and to the following domain names to Lightspeed Media Corp.: zx-tawnee-stone.com (collectively the "Domain Name"); and (ii) cease and desist from any and all use of the Domain Name except as may be agreed to by Lightspeed Media Corp. and Liam Talbot in a written license or other agreement executed by the parties.
Dated: ______________________, 2002.
Liam Talbot

By:_________________________
Its:_________________________

[Fletch XXX]

[[MistaT]]

i registered the domain but never did anything with it.. how do i transfer this domain over to them?


i wouldnt call it cybersquatting i doubt someones going to typo that domain

and i was gonna send traffic to lightspeed from it..

[pr0]

Your e-mail name is hacker@ ?

[[MistaT]]

blow me, its my spam-mail name

[mrthumbs]

Does this mean i have to hand over
my xxx-hvtawneestone-4-u.com as well????

Lightspeed: mail me at [email protected]

[Sly_RJ]

My partner just received the same EXACT email. He built the site, was sending Tawnee all the traffic, was pulling about 5 sales a day. Nothing spectacular, but not bad.

Lightspeed pulls this shit. Hey Steve, this how you treat your bread winners? You're cool man, real cool.

[pr0]

Originally posted by [MistaT]
blow me, its my spam-mail name

"cease and desist from any and all use of the Domain Name except as may be agreed to by Lightspeed Media Corp"

Seems to me like you could just call up tanker or get him on ICQ & discuss appropriate use of the domain name, you didn't need to bring this shit out to the boards.

Good luck hacker

[[MistaT]]

its not like they own the name tawnee stone


saying theres no one else out there called tawnee stone? i might transfer the domain over to them instead

[Validus]

That's strange... I am sure if you are using Light Speed as a sponsor thing will get cleared up.

I never knew owning a domain name though, can be against the law, unless you use it in competition. Ah, guess I was wrong.

[pr0]

Originally posted by Sly_RJ
My partner just received the same EXACT email. He built the site, was sending Tawnee all the traffic, was pulling about 5 sales a day. Nothing spectacular, but not bad.

Lightspeed pulls this shit. Hey Steve, this how you treat your bread winners? You're cool man, real cool.

If you actually knew anything about the guys at lightspeed, they have lawyers that research copyright infringements all day long, it does not mean steve is going after anyone in particular.

If you're going to start jacking domain names with copyright infringements atleast contact your sponsor & ask them if its ok. Pretty fucking basic principles.

[bash]

Originally posted by Sly_RJ
My partner just received the same EXACT email. He built the site, was sending Tawnee all the traffic, was pulling about 5 sales a day. Nothing spectacular, but not bad.

Lightspeed pulls this shit. Hey Steve, this how you treat your bread winners? You're cool man, real cool.

How would you like it if someone infringed on your trademark?

[.:Frog:.]

zxtawnee-stone.com doesn't exist.
Whats the point of the e-mail then???

[angelsofporn]

got that one too

[[MistaT]]

i wouldnt mind if i thought that i had done anything wrong here

its not like i registeres tawnystone.com or somthing, no ones gonna typo this

and there has never been a page on this site since the day i registered it

asi i said before how do i 'get rid of' the domain or transfer it to lightspeed?

[Sly_RJ]

Originally posted by pr0


If you actually knew anything about the guys at lightspeed, they have lawyers that research copyright infringements all day long, it does not mean steve is going after anyone in particular.

If you're going to start jacking domain names with copyright infringements atleast contact your sponsor & ask them if its ok. Pretty fucking basic principles.

Actually, I just got off the phone with my partner who already called Steve. I know about the researchers. Pretty basic fucking principles would also allow your affiliates to use similar domains to sell your sites, wouldn't it? Check the search engines, see all the Bang Bus names?

Yeh, pretty basic fucking principles. Don't strong arm your money earning affiliates.

[jimmyf]

Originally posted by bash


How would you like it if someone infringed on your trademark?

I like.

[pr0]

Real simple, call up tanker or steve & have a talk with them. Or get them on icq.

It amazes me that most people who use affiliate programs never once talk to the owners.

[SpeakEasy]

Originally posted by pr0
Your e-mail name is hacker@ ?

Oh and Like you really weren't going to use the name to get type ins from their name??...Yeah right...

[Sly_RJ]

Originally posted by bash


How would you like it if someone infringed on your trademark?

Infringed trademark my ass. Producing affiliates, using your name to push your stuff, causing no problems at all. Yeh, let's go use the strong arm method.

[nocostporn]

served...with a smile


I'm not too smart over here but can you trademark a person's name? If i had a party and said Tawney Stone is going to be there would there be a problem with that?...hypothetically speaking if I had a friend name Tawney Stone of course

[Rex]

I got the same e-mail about an hour ago. Ummmm looks like no more promoting Tawnee!

[[MistaT]]

Originally posted by SpeakEasy






Oh and Like you really weren't going to use the name to get type ins from their name??...Yeah right...

huh?

[[MistaT]]

Originally posted by nocostporn
served...with a smile


I'm not too smart over here but can you trademark a person's name? If i had a party and said Tawney Stone is going to be there would there be a problem with that?...hypothetically speaking if I had a friend name Tawney Stone of course

i know madonna got madonna.com through the courts

i have been looking for someone on google called tawnee stone to transfer the domain over to

[Mr.Fiction]

Damage control starts soon. Bookmark this thread.

[ColKurtz]

I hate when rich people get overagressive using their lawyers.

Recently I got a c&d from girls gone wild because in my meta tags on a site I used a phrase sorta like "watch busty girls gone wild getting fucked all night".

[Sly_RJ]

I own an assload of Briana Banks, Ox Cash, and the new Blow Job Auditions domains. All of which are used to promote the corresponding sites. And fuck, with Briana I could promote anything I wanted, including my own pay sites or AVS. Meni, Ox, and Dugmor better not get any ideas.

Are all you wankers seriously telling me you don't own any misspells?

[UnseenWorld]

Originally posted by [MistaT]
its not like they own the name tawnee stone


saying theres no one else out there called tawnee stone? i might transfer the domain over to them instead

There's probably more than one Betty Crocker, but only one company has reserved it for commercial use. Good try...no cigar.

[Dax]

Legally as long as u do not promote anything to do with sex.. they can not do anything. TM laws are to protect confusion and if u are selling basketballs.. there is no way for them to prove that your intentions were to confuse the consumer!

But that is pretty foul for them to do that.. that is as if bang bus went after anyone who had bang or bus in their url...

[UnseenWorld]

Originally posted by Sly_RJ

Infringed trademark my ass. Producing affiliates, using your name to push your stuff, causing no problems at all. Yeh, let's go use the strong arm method.

Well, it may seem like a dumb thing to do, but you can lose a trademark to public domain if you don't register and defend it.

[Sly_RJ]

Originally posted by Dax
But that is pretty foul for them to do that.. that is as if bang bus went after anyone who had bang or bus in their url...

Thank you.

Pr0, you do search engines, don't you? I was under the impression that you did, maybe I'm mistaken. How many "site similar" domains do you own?

[Pipecrew]

if lightspeed actually wants that pile of shit domain name, I will laugh in there face

[Sly_RJ]

Originally posted by UnseenWorld


Well, it may seem like a dumb thing to do, but you can lose a trademark to public domain if you don't register and defend it.

He very well be in the legal right to do this, I have no idea. But just because you CAN do something doesn't mean you SHOULD do something. Especially to your fucking affiliates.

[.:Frog:.]

Originally posted by Sly_RJ

Are all you wankers seriously telling me you don't own any misspells?

I don't

[boneprone]

just admit it. you guys are all scumbags!!

You should be sued.
You should be jailed.
YOu should be shut down.

dont steal domains.
Unless you want to do time.

Hard time.

I once knew a cyber squatter named Dirty Sanchez.
What a no good dirty man.

[m0rph3us]

Originally posted by UnseenWorld


Well, it may seem like a dumb thing to do, but you can lose a trademark to public domain if you don't register and defend it.

You're right. I had a similar issue with a sponsor. if you don't defend the trademark you lose it.

[Phil21]

I kinda figured this would come, I heard the rumblings a while ago.

I personally have a miss-spell (not to get type-ins, I might get 1 a day if that) of a tawnee domain so I could get some link pop ON THE MISSPELL. It worked pretty good, averaging a few signups/week with no real work.

But I did all the work. Built the (shitty) site, spent the time submitting galleries with invisible links to the domain w/ the misspell, etc. It took a while to get the top few google spots for the particular search term.

Now, I was thinking. There are quite a few "misspell" domain names for tawnee stone.. all pushing lightspeed's affiliate program. This has to equal some serious cash all put together since my misspell gets not 1/100th the hits the real spelling would.

so why wouldn't lightspeed just gather info on all these guys, take the domain names and inherit the google/SE spots w/o putting the effort into doing it? They just upped their income for those signups by 40% or whatever.

I'm not saying that this is their plan, but it seems pretty scummy to me to take someones hard work if they are pushing you the traffic.

Now, those using the traffic for some other means are fair game in my book.

-Phil

[AaronM]

Originally posted by nocostporn
served...with a smile


I'm not too smart over here but can you trademark a person's name? If i had a party and said Tawney Stone is going to be there would there be a problem with that?...hypothetically speaking if I had a friend name Tawney Stone of course

Hypothetically speaking....... If your friends REAL name was Tawnee Stone then she would probably have a strong case over a company who was using her name to promote a fake Tawnee Stone.

[boneprone]

Hmmmmm.
I own "Tawnee Bone" and i didnt get a letter?

What up wit dat?

[Rory]

Originally posted by m0rph3us


You're right. I had a similar issue with a sponsor. if you don't defend the trademark you lose it.

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[bash]

Originally posted by Rex
I got the same e-mail about an hour ago. Ummmm looks like no more promoting Tawnee!

Why do you need a Tawnee Stone domain name just to promote their site as an affiliate? There should be only one true Tawnee Stone domain and that is the one that Lightspeed created.

[SleazyDream]

don't fuck with trademarks - you will loose

[pr0]

Originally posted by Sly_RJ

Thank you.

Pr0, you do search engines, don't you? I was under the impression that you did, maybe I'm mistaken. How many "site similar" domains do you own?

Look man, all im saying is that me...personally, i would have called up steve or tanker & cleared it with them first.

[SteveLightspeed]

Ok, let me clear this all up in one quick post.

Here is the piece that most of you seemed to have missed:

Please understand that Lightspeed?s primary concern is in protecting its intellectual property interests in the Tawnee Stone mark. In similar situations to this one, Lightspeed licenses the use of the infringing domain back to the infringing party (you) once it has been transferred to Lightspeed. If you are an affiliate of Lightspeed, you should contact Richard Buss ([email protected]) to discuss this possibility.


If we were starting a war, we would take the domains and the traffic. Instead we are simply asking that the domains be transferred to us, and we in turn license it back to you (for free, forever) on the condition that you only use tawnee's name to promote tawnee, and that you do nothing to harm her name.

If any of you think this is unfair, please call my office next week to discuss the matter. We will answer your questions and let everyone get on with making money as usual.

Steve Lightspeed

[[MistaT]]

steve how do i transfer the domain to you?

[SteveLightspeed]

Um, crazy as this sounds -- its Friday night, and I'm not working....

Email [email protected], he is VP of Ops for Lightspeed, he can give you instructions.

Thanks for toning down the hate.

Steve

[ColKurtz]

Why not just email a request to the webmasters to transfer the domains instead of threatening with a bunch of legal mumbo jumbo from the get go.

[Rochard]

I don't remember giving Steve permission to take the night off, but okay.

Transfering a domain over is real simple. We put a in a request to have ownership of the domain transferred to us, and you'll get an email asking you to approve or deny the transfer. That's about it.

Nothing really changes when the domain transfers over to Lighspeed Media. The DNS info continues to point at your site and you get to continue on as normal. We'll even pay the yearly costs of registering your domain for you.

If anyone has any questions I'll be on line most of the night and into the wee hours of the morning.

[Spliceragain]

I don't know what's all the excitement about Tawney Stone, she's not hot at all.
At best she is average.
I wouldn't give her the time of day if I saw her on the street.
Not that she would ask, but still.

[Sly_RJ]

Originally posted by bash


Why do you need a Tawnee Stone domain name just to promote their site as an affiliate? There should be only one true Tawnee Stone domain and that is the one that Lightspeed created.

Similar domains help with search engine traffic in various ways. I'm not saying similar domains GIVE you good listings, but using them in a particular way makes it much easier. I've been doing it for several years...