Kick Ass Pictures is trying to steal my Web site!
 

http://www.xbiz.com/pressrelease_piece.php?id=15626

I was contacted today by their webmaster and asked to turn over my domain www.kickassgalleries.com

I did a search for the trademark and he registered "Kick Ass Pictures"
http://tess2.uspto.gov/bin/showfield...te=r32rcp.3.15

Below is the email I got:

----Original Message-----
From: Vic - Kick Ass Pictures [mailto:[email protected]]
Sent: Thursday, June 22, 2006 2:14 PM
To: AJ Kick Ass Galleries
Subject: Domain Name

AJ,

The owner of the company, Mark Kulkis, has recently completed
trademarking of the name and logo.

http://www.avn.com/index.php?
Primary_Navigation=Articles&Action=View_Article&Co ntent_ID=270288
http://www.xbiz.com/pressrelease_piece.php?id=15626

So he wants to get the name kickassgalleries.com from you. I told him
who you are and that we have spoken amicably in the past. He let me
offer you $450 for the name and a month to transition your sponsors,
etc. out of "kickassgalleries.com" into whatever other domain name
you would want.

Let me know.

Yours,
Vic

Kick Ass Cash
http://www.kickasscash.biz

--------------------------------------

Should I be worried about losing my site?

Seems like they have no claim since my domain is totally different from the logo and text they trademarked but I dunno.

That's just wrong.

How long you have that site up for?

Wow, talk about a lowball and cheap way of doing business.

$450 is way to low of an offer
they should offer you a job

fuck em.... kick ass is such a generic term used for like 20 + years in the general vocabulary...not a chance. Havent you been around longer with the domain??

That is low down

talk to a trademark lawyer

tell him to fuck off :thumbsup

you want to buy rolexgirls.com?

It'd be a tough one. Since you are not trying to profit from their name, I think it would be tough on their part to win. It'll cost them a lot of money to get it, so I think you may be better off asking for $10,000+ for the domain.

i don't know vic but and his content seems to be good

however

from his sites it seems that he likes to rip off things - if your open to sell i would give him a way higher figure 12+ months of your monthly revenue or more, if not - fight it

ipod
http://www.kickasscash.biz/screencaps/10.gif

nba
http://www.kickasscash.biz/_media/news/2006-03-20.jpg

As far as what I know about it I think you're ok if you really want to fight it out. Since you were operating this site before they trademarked "Kick Ass Pictures" I think there is no case.

"The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:

* Names that identify the source of products or services in the marketplace are trademarks.
* Trademarks that are clever, memorable or suggestive are protected under federal and state law.
* Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law.
* One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.
* In case of a legal conflict with a later user, the first commercial user of a trademark owns it.
* If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages."

I'm not a lawyer but I have spent a lot of time looking into this for my clients.

My concern is whether they have any valid claim to my sites . . . but . . .

Irony:
I had an interview for a webmaster position lined up with them a few years back but the drive was like an hour and a half each way and the pay was about 1/3 of what I was making so I didn't want to waste anyone's time and passed on the gig to keep freelance designing for clients. It seemed like a solid company and the owner seemed really cool so this domain and trademark move kinda surprised me.

Also ironic, I got this email from their webmaster just a couple weeks ago:

> -----Original Message-----
> From: Vic - Kick Ass Pictures [mailto:[email protected]]
> Sent: Thursday, June 08, 2006 12:54 PM
> To: [email protected]
> Subject: Kick Ass Pictures...
>
> Hi AJ,
>
> This is Vic, the webmaster for Kick Ass Pictures. I'd really like to
> partner up with you and regularly contribute content / galleries to
> your site. Please drop me a line and let me know what kind of
> specifications you have, and also what you would like from me to do
> the best promo possible. I'll be happy to put together whatever you
> need on a regular basis.
>
> Thanks,
> Vic
>
> - - - - - - - - - - - - - - - - - - - - - -
> KickAss Vic
> Webmaster
> KickAss Pictures, Inc.

They have "KICK ASS PICTURES" TM

I have "kickassgalleries.com"

How can they claim they have the right to my domain? Doesn't make sense to me.

hmmm I own kickassdvd and kickassdvds.com

how much do I get...because I like kulkis I have forwarded the domains but hell if I can sell em they are all yours...

Looks like the trademark is registered for "kick ass pictures" not the words "kick ass"

so you never got a letter from a lawyer just from them directly?

that says shit to be honest - again if your open to sell then shoot them back a really high figure - they have some cash in the bank for sure if they really have such a hardon for your site then they might pay

$450 is MAD low

I am no lawyer.. But I would have to agree with what Ferrishyn said.

Since you made the site or bought the site before the trademark, then I dont think it applys to any laws. I COULD BE WRONG!

But this is just wrong. How can they be budddddy budddddy two weeks earlier and want to partner up with you for content stuff. Then turn around and hit you with this?

Personaly I think this is an attack on you. I know I would take it my self as one. Maybe they want the domain for some reason and now they are trying to take it any means possible. I dont know.

Still pretty shitty man. I would deffently ask a lawyer on what you can do, say or even if they can in court take the domain. I would have to say they couldnt but I am no lawyer.

Trademark was filed in 2002 guys.

Maybe they think there TM does give them the right. I dont know. Cause I doubt anyone can pick up Kick Ass. Cause its so highly used.

Oh missed that part... But even still they had all this time and didnt say anything at all. Seems just odd for me.

The problem with trademark laws is that they are very vague. One judge could view it one way and another the complete opposite. Personally, being involved in a few in the past, I don't think they'd have much of a case. It looks like the trademark is on the logo and "Kick Ass Pictures". I also don't think they enter an area where KickAssGalleries is trying to profit from the name.

If you want to be technical, Chuck Norris could sue you all for using the term Kick Ass.

I would tell them to make you an offer you could not refuse. Or maybe rent it to them on a monthly basis.

I would ask for $10k and a blow job from Mary Carey.

Sinclair

Yeah, $450 is an insult! You have made your own way with your name, not using any likness of anything they have, and there is no confusion between what you offer and what they offer. Sounds to me like they just want to add to the list of domains they own. I don't think they have a case, especially since your domain name is not the same as their trade mark.

If you search the registrar on trademarks Kickasspictures is trademarked however kick ass galleries is not
http://tess2.uspto.gov/bin/gate.exe?...ate=6bh7l0.1.1
I dont see how you would be in any kind of peril kick isnt trademarked ass isnt trademarked and pictures isnt trademarked and if you know much lagalise it appears to read in his paperwork as if he has only registered the
Stars with seven or more points
01.15.04 - Explosions; Fireworks display; Sparks
26.15.28 - Miscellaneous designs with overall polygon shape; Polygonal shapes (miscellaneous overall shape)
with the words kick ass pictures on the image making it a logo trademark which doesnt mean he has actually registered the words themselves. But I am no trademark lawyer I would contact Chad of Chad Knows Law
He deals with adult laws mostly I am sure he can point you in the right direction

All good points and honestly, if I got a reasonable email from them with a fair offer or an invitation to negotiate for the sale of all of my "kick ass" domains of which I own a few I would happily agree to work something out that would benefit us all.

Sending me an email and expecting me to hand over something I've been working on for years and offering me $450 was an insult.

The point is he has the tm for kick ass pictures and not "kick ass" so I don't see how I can be expected to hand over domain.

one thing you might want todo is send them a link and the text to this thread

i wouldnt have anything to do with them

They have $ so I'm sure they have an atty advising them that it's ok to do this and they have the right to the domain.

It's a case of a bigger company trying to bully a webmaster but seems like a bad way to run a cash program . . . steal the tgp of your affiliates because you like their domain name.

I call bullshit. Fuck them fuck them fuck them. If you need a good trademark attorney hit me up AJ. I got connections yo. :thumbsup

Read carefully his email. It doesn't say anywhere that he owns the rights to kickass galleries... it just says that he bought the trademark, and, from the wording of his email, the guy would be interested in purchasing your site because it fits in with his recent trademark aquisition.

There is no threat whatsoever.

He just made a pitiful offer.


Tell him that the offer is kind but you would not part with the domain for less than $xx xxx

He can't trade mark "kick ass" since it is used way to much to have a trade mark on it by anyone. They can not demand that you change the name and url of your website. He has only trademarked "kick ass pictures". He has no rights to your website or name.

#1 do not go into any conversions about money or selling at all. Tell then your not interested and if you are get agreement through a lawyer.

#2 your not infringing on any thing of theres

#3 Kiss ass is a generic term

First get a lawyer who specializes in this and you most likely Kiss Ass in court.

The domain dispute alone through icann cost them $1000

Haha funny stuff, I actually e-mailed a guy named "Vic" about selling my domain kickassporno.com. It used to be an old submitting domain and i figured shit I would let the guy have it if he wanted it for maybe $500-1000 because there was several thousand uniques a day coming in from old gallery submits.

Then he sends me this letter back

"Mark,


Since our successful trademarking of "Kick Ass" our owner is going after adult space "kick ass" domain names. Please contact me about selling us the name as I'm sure if you don't he will hand it off to our lawyer and it will become a pain in the ass.


http://www.avn.com/index.php?Primary...tent_ID=270288


http://www.xbiz.com/pressrelease_piece.php?id=15626



Yours,
Vic"

I just sent him back this

"Vic, Ihahaha8217;ll be happy to sell you the domain.



The price is 10k Firm.



This domain was registered 3+ years ago, so it pre-dates your hahaha8220;trademarkhahaha8221;.



Regards,

Mark"

LOL! What a dipshit, you can almost always get more bees with honey instead of vinegar.

DH

AJ, tell him to get fucked.

DH

Short and sweet. :thumbsup

Saved me typing that! :pimp

This guy needs a red hot poker up his tight ass - then kicked into the ocean - just to make it "official".

DH - Thanks Bro.

The fucked up part is that I liked what Mark had going on, obviously or I wouldn't have wanted to work for him and replied to his job ad years back.

The content is good, Mark seemed like a guy with good ideas and some vision, I would have been up for selling him all my sites, fully intact, and even stayed on to run them for him.