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-   -   The Porn Nerd - Pwn3d! (https://gfy.com/showthread.php?t=1139193)

TheSquealer 04-25-2014 01:46 PM

The Porn Nerd - Pwn3d!
 
I said right away when you announced that you were changing your identity that obviously Dreamworks contacted you about your trademark infringing domains ahead of the movie release and you called me a liar.

Then your explanation was the insanely implausible and downright insulting notion that you were intentionally destroying the brand you worked so hard to build as part of a plan that had been in place for a long time.

No apology necessary. I'm good.

:1orglaugh:1orglaugh:1orglaugh

~~~~~~~~~~

PeabodyCash.com Whois Record

Admin Name: Domain Master
Admin Organization: DreamWorks Animation L.L.C.
Admin Street: 1000 Flower Street
Admin City: Glendale
Admin State/Province: CA
Admin Postal Code: 91201
Admin Country: US
Admin Phone: +1.8186956671
Admin Phone Ext:
Admin Fax: +1.8186953140
Admin Fax Ext:
Admin Email:

Harmon 04-25-2014 01:47 PM

OFF TOPIC

Nice_nick aka banned nexcom28 sucks dick for food stamps.

LeRoy 04-25-2014 01:50 PM

Shit happens!

Nice_Nick 04-25-2014 01:50 PM

On Topic. Harmon is fat fuck that still lives with his mum.

Penny24Seven 04-25-2014 01:51 PM

LOL I called him out for his bullshit before and he blew up on me haha.

Penny24Seven 04-25-2014 01:53 PM

Quote:

Originally Posted by TheSquealer (Post 20062828)
I said right away when you announced that you were changing your identity that obviously Dreamworks contacted you about your trademark infringing domains ahead of the movie release and you called me a liar.

Then your explanation was the insanely implausible and downright insulting notion that you were intentionally destroying the brand you worked so hard to build as part of a plan that had been in place for a long time.

No apology necessary. I'm good.

:1orglaugh:1orglaugh:1orglaugh

~~~~~~~~~~

PeabodyCash.com Whois Record

Admin Name: Domain Master
Admin Organization: DreamWorks Animation L.L.C.
Admin Street: 1000 Flower Street
Admin City: Glendale
Admin State/Province: CA
Admin Postal Code: 91201
Admin Country: US
Admin Phone: +1.8186956671
Admin Phone Ext:
Admin Fax: +1.8186953140
Admin Fax Ext:
Admin Email:

it was his 5 year plan remember. He planned to work day and night for 5 years and then change the name you idiot. You are all fools. He owns dreamworks

iSpyCams 04-25-2014 01:58 PM

There's a fair chance the deal included him not being able to disclose being hit by a trademark suit.

candyflip 04-25-2014 02:01 PM

Quote:

Originally Posted by pompousjohn (Post 20062853)
There's a fair chance the deal included him not being able to disclose being hit by a trademark suit.

Deal, meaning "we're taking your shit and giving you nothing", right?

iSpyCams 04-25-2014 02:07 PM

Quote:

Originally Posted by candyflip (Post 20062856)
Deal, meaning "we're taking your shit and giving you nothing", right?

Well most of the trademark suits I've heard of involved the trolling party's lawyer saying something like:

"We want every cent you've ever made from that domain and all related businesses plus x million in punitive damages. But, since we're in a good mood today you can turn the domain over to us in the next 5 minutes and agree not to complain about it to anyone and we'll probably leave it at that."

alias 04-25-2014 02:09 PM

TheSquealer strikes first & strikes hard.

http://eclectikrelaxation.com/blog/w...cobra_kai.jpeg

http://ts1.mm.bing.net/th?id=HN.6079...663117&pid=1.7

iSpyCams 04-25-2014 02:13 PM

Yeah laugh at somebody else's misfortune, kick 'em while they're down. What a fucking hero.

TheSquealer 04-25-2014 02:35 PM

Quote:

Originally Posted by alias (Post 20062863)

http://www.tenzanaikido.com/index.shtml

I went into this place to watch them train out of boredom after seeing the owner at a tournament. He was actually just like that Cobra Kai guy. He looked like him and acted just as bad.

It was really funny and confusing to watch because Aikido is all about peace and love and non-violence with no striking or kicking and it was being run by a complete lunatic who was just screaming at everyone and belittling them. He was also doing the same at tournaments when he'd do demonstrations... he'd randomly start yelling at his own students in front of maybe 1000 people as they were doing a demonstration.

Very bizarre... a little tragic... but also super funny because he looked and acted exactly like the cobra kai dude. Thats all i could think of as I watched him.

Mediamix 04-25-2014 02:57 PM

Not many people in this industry work as hard as The Porn Nerd.. I have nothing but respect for him. Why do you feel the need to start threads like this?

Just a question.

The Porn Nerd 04-25-2014 03:01 PM

My Official Response:
I cannot comment.

My Unofficial Response:
Shit happens.

Barry-xlovecam 04-25-2014 03:03 PM

Check tess (trademark search)
http://tmsearch.uspto.gov/bin/gate.e...801:ha64rh.1.1

Search the term 'peabody' there is a list of live trademarks.
Search the owner name 'dreamworks'

The only reference to the ownership of trademark of MR. PEABODY is Ward Productions, Inc. CORPORATION CALIFORNIA 1638 Babcock Street, Ste. F Costa Mesa CALIFORNIA 92627

Dreamworks may have bought the domain or bluffed ...

From all indications, Dreamworks has to pay the trademark owner Ward Productions a trademark licensing fee.

One thing is certain, Dreamworks does not have the exclusive rights.

Quote:

Word Mark MR. PEABODY & SHERMAN
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer game discs; video game cartridges, video game discs; prerecorded CDs featuring music and motion picture sound tracks; multimedia software recorded on CD-ROM featuring music, motion picture soundtracks and animated motion pictures; and prerecorded DVDs featuring music and motion picture sound tracks; interactive multimedia software programs containing motion pictures for entertainment; interactive multimedia software for playing games; magnets and sunglasses

IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper party decorations; paper party supplies, namely, paper napkins, paper place mats, gift wrapping paper and paper gift wrapping ribbons, paper gift wrap bows, paper table cloths and paper party bags; children's activity books, children's storybooks, comic books, coloring books, bookmarks, loose leaf binders, stationery-type portfolios, wire-bound notebooks, note pads and writing pads, diaries, daily planners, calendars, scrapbook albums, sketchbook albums, photograph albums, sticker albums, stickers, decals, stamp pads or inking pads, rubber stamps, decals, iron-on transfers, temporary tattoos, slate boards for writing, pencils, pens, pencil erasers, decorative pencil-top ornaments, pen cases and pencil cases, pen boxes and pencil boxes, pencil sharpeners, chalk, markers, posters, postcards, trading cards, greeting cards, pennants made of paper, painting sets for children; arts and craft paint kits; study kits, consisting of pencil erasers, drawing rulers, pencil sharpeners and pencil case, sold together as a unit; stationery packs consisting of writing paper, envelopes, markers, and stencils, sold together as a unit; and activity kits consisting of stickers and rubber stamps, sold together as a unit

IC 025. US 022 039. G & S: Shirts and tops, dresses, skirts, pants, trousers, jeans, shorts, rompers, overalls, sweatshirts and sweatpants, sweat suits, caps and hats, gloves, suspenders, ties, coats and jackets, hosiery, shoes, boots, slippers, pajamas, robes, sleep shirts, sleepwear, underwear, Halloween costumes, and cloth baby bibs

IC 028. US 022 023 038 050. G & S: Action figures and accessories therefor, bathtub toys, kites, toy building blocks, board games, costume masks, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, die cast miniature toy vehicles, dolls, doll accessories, doll clothing, bean bag dolls, bendable play figures, flying discs, inflatable vinyl play figures, jigsaw puzzles, marbles, plush toys, puppets, ride-on toys, skateboards, balloons, roller skates, toy banks, water squirting toys, stuffed toys, toy vehicles, Christmas tree ornaments; pinball machines and toy model hobby craft kits of action figures; playing cards
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85760891
Filing Date October 23, 2012
Current Basis 1B
Original Filing Basis 1B
Published for Opposition April 16, 2013
Owner (APPLICANT) Ward Productions, Inc. CORPORATION CALIFORNIA 1638 Babcock Street, Ste. F Costa Mesa CALIFORNIA 92627
Attorney of Record Sonja Keith
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

alias 04-25-2014 03:04 PM

Quote:

Originally Posted by TheSquealer (Post 20062906)
Very bizarre... a little tragic... but also super funny because he looked and acted exactly like the cobra kai dude. Thats all i could think of as I watched him.

To be expected I guess, poser control freaks can't ever ninja.

ruff 04-25-2014 04:44 PM

Quote:

Originally Posted by TheSquealer (Post 20062828)
I said right away when you announced that you were changing your identity that obviously Dreamworks contacted you about your trademark infringing domains ahead of the movie release and you called me a liar.

Then your explanation was the insanely implausible and downright insulting notion that you were intentionally destroying the brand you worked so hard to build as part of a plan that had been in place for a long time.

No apology necessary. I'm good.

:1orglaugh:1orglaugh:1orglaugh

~~~~~~~~~~

PeabodyCash.com Whois Record

Admin Name: Domain Master
Admin Organization: DreamWorks Animation L.L.C.
Admin Street: 1000 Flower Street
Admin City: Glendale
Admin State/Province: CA
Admin Postal Code: 91201
Admin Country: US
Admin Phone: +1.8186956671
Admin Phone Ext:
Admin Fax: +1.8186953140
Admin Fax Ext:
Admin Email:

What's your point? And exactly what is it that you are successful at? Are you another baller webmaster that makes massive amounts of money, but no one really knows exactly how you do it?

TheSquealer 04-25-2014 05:04 PM

Quote:

Originally Posted by ruff (Post 20063039)
What's your point? And exactly what is it that you are successful at? Are you another baller webmaster that makes massive amounts of money, but no one really knows exactly how you do it?

My point? Just that a few others and myself pointed out the obvious fact that he had to change his name because dream works was coming after him for trademark infringement and he called me a liar and made up a convoluted, idiotic story about why he was changing it. Forgetting of course that any one who promotes him including you, are also subject to civil action by the rights holders.

That's why you should care.... and each hit you sent makes you legally vulnerable for statutory damages.

Why don't you go register cocacolaporn.com and call yourself Mr Coca Cola, design coca cola logos, upload coca cola videos to YouTube at great expense and build your entire business around trademark iand copyright infringement and subject all of your webmasters to potential civil suits for contributory infringement and keep us updated on how clever you really were and how much work you put into it so we can laugh at your idiocy and shortsighted, immaturity.

ruff 04-25-2014 05:08 PM

Quote:

Originally Posted by TheSquealer (Post 20063052)
My point? Just that a few others and myself pointed out the obvious fact that he had to change his name because dream works was coming after him for trademark infringement and he called me a liar and made up a convoluted, idiotic story about why he was changing it. Forgetting of course that any one who promotes him including you, are also subject to civil action.

It's not really any of your business.

Why don't you go register cocacolaporn.com and call yourself Mr Coca Cola, design coca cola logos, upload coca cola videos to YouTube at great expense and build your entire business around trademark iand copyright infringement and subject all of your webmasters to potential civil suits for contributory infringement and keep us updated on how clever you really were and how much work you put into it so we can laugh at your idiocy and shortsighted, immaturity.

You're just another asshole. Just dredging up shit for no real reason. You're obviously not a working webmaster. You got nothing. But you're watching the forum aren't you? All day long.

TheSquealer 04-25-2014 05:09 PM

It's like this industry is ran by semi retarded children sometimes.

ruff 04-25-2014 05:10 PM

Quote:

Originally Posted by TheSquealer (Post 20063056)
It's like this industry is ran by semi retarded children sometimes.

Like I said, you are nobody in this business.

The Porn Nerd 04-25-2014 05:16 PM

Quote:

Originally Posted by TheSquealer (Post 20063052)
My point?

So other than all of that, kiss my ass.

TheSquealer 04-25-2014 05:18 PM

It should also be said (as mr nerd was surely informed) that if they were to come after affiliates for aiding in and befitting from the infringement on their marks, it typically falls under the civil application of RICO (domain name = counterfeiting trademarks etc) which means not only statutory damages but statutory damages X3, so anyone sending traffic could have judgements against them for 6/7 figures.

But yeah, you're a genius and I am nobody.

TheSquealer 04-25-2014 05:20 PM

The Porn Nerd,

I get that you are a loose canon and irrational - what you did was illegal, plain and simple. Anyone that sent you traffic is also liable. You illegally used someone's protected property and built an enterprise around it. That's not real hard to understand.

Alex1776 04-25-2014 05:26 PM

TheSquealer, are you a content producer? Are you a webmaster, affiliate sending traffic to other programs? Or do you have your own paysite? Or do you work in the industry in some other capacity?

The Porn Nerd 04-25-2014 05:29 PM

Quote:

Originally Posted by TheSquealer (Post 20063064)
The Porn Nerd,

I get that you are a loose canon and irrational - what you did was illegal, plain and simple. Anyone that sent you traffic is also liable. You illegally used someone's protected property and built an enterprise around it. That's not real hard to understand.

Loose cannon indeed - I hit the wrong link and deleted the original post. If anyone can get it back I did NOT mean to delete it.

I DID mean to repeat Kiss My Ass tho. :)

Let me sum this up for you: I am not Coca Cola. But hey thanks for thinking I'm bigger than I am. I'm more like CC Cola. Anyone remember them? :D

ruff 04-25-2014 05:36 PM

Quote:

Originally Posted by TheSquealer (Post 20063062)
It should also be said (as mr nerd was surely informed) that if they were to come after affiliates for aiding in and befitting from the infringement on their marks, it typically falls under the civil application of RICO (domain name = counterfeiting trademarks etc) which means not only statutory damages but statutory damages X3, so anyone sending traffic could have judgements against them for 6/7 figures.

But yeah, you're a genius and I am nobody.

Quote:

Originally Posted by TheSquealer (Post 20063064)
The Porn Nerd,

I get that you are a loose canon and irrational - what you did was illegal, plain and simple. Anyone that sent you traffic is also liable. You illegally used someone's protected property and built an enterprise around it. That's not real hard to understand.

You are nobody in this business. You are hiding behind a nick and just spouting shit. This board is full of assholes like you. Just so you know who you are to the rest of us. Go Fuck Yourself.

TheSquealer 04-25-2014 06:05 PM

Quote:

Originally Posted by Alex1776 (Post 20063067)
TheSquealer, are you a content producer? Are you a webmaster, affiliate sending traffic to other programs? Or do you have your own paysite? Or do you work in the industry in some other capacity?

You are asking the wrong questions.

A few you should be asking...

"is using someones well known, registered mark as a domain as the universal resource locator and as a character/mascot identified with a commercial enterprise, a criminal act (counterfeiting the mark and using it for commercial gain)"

"did DreamWorks just send him a C&D/Demand Letter just asking for the domains"

"did DreamWorks and Mr Nerd agree on a settlement"

"if if there was a settlement agreement, did DreamWorks agree to indemnify and hold harmless affiliates for their participation in this criminal act and for also wrongly benefiting from the improper and criminal use of DreamWorks protected marks"

"am i liable in any way for my participation in this criminal act as an affiliate"

"do statutory damages apply in any way to affiliates by way of contributory infringement/contributory liability"

"will i be sued by DreamWorks before the statute of limitations runs out"

These are some important questions to ask that i can think of just off the top of my head...

But then again, he did lie about it all to begin with, so... its pointless to ask and expect a serious and legally responsible reply. So i guess most will just have to wait until the statute of limitations runs out to know the truth.

:2 cents::2 cents:

TheSquealer 04-25-2014 06:06 PM

btw... i'm not an attorney... but i am smart enough to at least think things through.

The Porn Nerd 04-25-2014 06:13 PM

Last comment on this dead issue: affiliates are not affected. So the rest is really none of anyone's business.

Have luck!

TheSquealer 04-25-2014 06:16 PM

Quote:

Originally Posted by The Porn Nerd (Post 20063117)
Last comment on this dead issue: affiliates are not affected. So the rest is really none of anyone's business.

Have luck!

You mean... affiliates are not affected yet?

Or you are going on record to say with absolute certainty that neither you or affiliates will be held accountable for both your and their actions and that DreamWorks has given you this assurance in writing ?

Of course, if you were to say that, you would then be liable for that statement as well.

No one is affected until they are....

HandballJim 04-25-2014 06:42 PM

Quote:

Originally Posted by Barry-xlovecam (Post 20062944)
Check tess (trademark search)
http://tmsearch.uspto.gov/bin/gate.e...801:ha64rh.1.1

Search the term 'peabody' there is a list of live trademarks.
Search the owner name 'dreamworks'

The only reference to the ownership of trademark of MR. PEABODY is Ward Productions, Inc. CORPORATION CALIFORNIA 1638 Babcock Street, Ste. F Costa Mesa CALIFORNIA 92627

Dreamworks may have bought the domain or bluffed ...

From all indications, Dreamworks has to pay the trademark owner Ward Productions a trademark licensing fee.

One thing is certain, Dreamworks does not have the exclusive rights.


Looking at the trademark data you quoted, it seems to be new? 2012-2013? Wasn't Porn Nerd using that term for several years before 2012-2013? If he was, he could win the trademark case. A trademark needs to be active, and the term was used in commerce. So possibly maybe he was compensated to change his program to Porn Nerd. :2 cents:

bluebook18 04-25-2014 07:33 PM

hmmm interesting topic here, thanks Thesquealer

Relentless 04-25-2014 07:51 PM

Quote:

Originally Posted by TheSquealer (Post 20063062)
It should also be said (as mr nerd was surely informed) that if they were to come after affiliates for aiding in and befitting from the infringement on their marks, it typically falls under the civil application of RICO (domain name = counterfeiting trademarks etc) which means not only statutory damages but statutory damages X3, so anyone sending traffic could have judgements against them for 6/7 figures.
But yeah, you're a genius and I am nobody.

Can you cite a case where that has happened? I'm not arguing with you or looking for a pissing contest. I'm simply asking if you know of any instance where an affiliate marketer was forced by court order to pay 3x damages for unwittingly sending traffic to a sponsor that infringed on another mark or brand? I'd be very interested to know more about that case.

You can post it here on contact me off GFY any time. I'm not aware of any instance where anything similar has happened. Thanks.

georgeyw 04-25-2014 08:01 PM

Quote:

Originally Posted by Relentless (Post 20063164)
Can you cite a case where that has happened? I'm not arguing with you or looking for a pissing contest. I'm simply asking if you know of any instance where an affiliate marketer was forced by court order to pay 3x damages for unwittingly sending traffic to a sponsor that infringed on another mark or brand? I'd be very interested to know more about that case.

You can post it here on contact me off GFY any time. I'm not aware of any instance where anything similar has happened. Thanks.


JFK 04-25-2014 08:14 PM

Quote:

Originally Posted by georgeyw (Post 20063169)

aaaaahhhhhh , soothing, very sooooooothing :Graucho

American Psycho 04-25-2014 08:34 PM

give him the benefit of the doubt.
very well may have been a legal clause 4 non disclosure or maybe he was embarrassed about being in such a shit situation that was easily avoidable with a bit more business prep.

Either way stop rubbing it in...
Squealy... u seem intellegent go do something more productive than troll the gfy cesspool

BIGTYMER 04-25-2014 08:37 PM

I like your new name much better.

TheSquealer 04-25-2014 08:43 PM

Quote:

Originally Posted by Relentless (Post 20063164)
Can you cite a case where that has happened?

To be clear, I didn't say it happened (affiliates being similarly accountable under the law as the primary infringing party). I'm not going to look.

Plenty of affiliates have been sued for secondary infringement outside of adult... i am not sure that RICO would meet the tests and apply under any conditions as from what I am reading, its very gray and complicated. Too lazy to look it up or attempt figure it out. However, that does not mean that the plaintiffs can't simply insist its so, make that claim and sue for that amount anyway, leaving you to have to argue and prove otherwise at your own expense. I would guess they can argue that if you participated in any way to benefit the site(s), being the network was saturated with that name, displayed banners with the words/urls, used watermark videos etc etc etc you'd still be liable.

TheSquealer 04-25-2014 08:44 PM

Quote:

Originally Posted by American Psycho (Post 20063194)
Squealy... u seem intellegent go do something more productive than troll the gfy cesspool


Haha.. i'm tryin' and you're right of course. . have a bit of free time and a bit anxious waiting on coders and designers. :)


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