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-   -   What to do with my domain name? (https://gfy.com/showthread.php?t=122411)

dchottie 04-04-2003 10:00 AM

What to do with my domain name?
 
OK since I can't afford to fight Wicked Pictures over using my wickedlinxxx.com domain as a TGP. (They say I violated their trademark) I need to come up with some totally unrelated ways to market wickedlinxxx. I was thinking maybe set up a spoof site and make it a holy roller site for anti-porn. Kind of a Jimmy Swaggert type thing and ask for donations to fight the porn war. Then I could always turn around and use my profit from this to fight Wicked Pictures to keep my domain name!!! :winkwink:

Any suggestions for possible use? He told me I would have to transfer the domain over to them and I told him to :321GFY

Thrawn$ 04-04-2003 10:11 AM

Make a TGP with that name and ask 2500$ from those fucker :thumbsup

dchottie 04-04-2003 10:18 AM

$2500 my ass. I did a link popularity check on wickedlinxxx.com versus wickedpictures.com and while they have an astounding (pure sarcasm) 467 link backs. I have 6 times that number.

dchottie 04-04-2003 10:19 AM

AND it was a TGP. A fairly lucrative one I might add.

Brujah 04-04-2003 10:20 AM

It must be lawsuit season.

steffie 04-04-2003 12:16 PM

set up a tshirt from hell site

its not adult
its wicked
and some of it is xxx

that would work great for your site

dchottie 04-04-2003 04:01 PM

nope they say that they have a wicked clothing line too. I was even going to just do like domain registrations or a resource type site and they said they are the 2nd largest reseller of domains for tucows. So that's a no go.

Nyght 04-04-2003 04:09 PM

At one time I registered wickedfacials.com and was so happy and then like two days later I got a similiar call from wicked telling I was violating trademark and that I would have to give up the domain.

I never did anything with the domain and let it expire. It was almost immediatly re-registered and now someone else put a site up. I don't think it was wicked that got the domain and someone else's site is still on that domain about a year later. I wonder why wicked has not forced them to give it up.

To this day I wish I had kept that domain.

dchottie 04-04-2003 04:15 PM

well I asked Mr. Lawyer, esq. about the other 5,000 adult sites that use some variation of wicked and whether he was going after them and he told me that I needed to worry about myself and that two wrongs don't make a right. Anyway he sent me a nice little list of all the trademarks they have concerning use of the word wicked. Blah blah blah. Man I would love to sell that domain to someone who had the cash to fight them over it and kick the shit out of them in court.

Pipecrew 04-04-2003 04:18 PM

wickedmovies.com (very obvious infraction) was able to keep his domain after they harrased him

Brujah 04-04-2003 04:19 PM

wicked is a generic word. I don't think they will actually go after you and risk losing. if you need the top domain attorneys, contact me and I'll put you in touch. they're probably relying on you not calling their bluff.

dchottie 04-04-2003 04:24 PM

well if I had the extra bucks to hire a trademark attorney I already would have instead of losing all the traffic I have spent the last three years building. I have spent the last three years with my name embedded with this page and they want to swoop in and snatch it up because it also has the word wicked in it. Fucking moron. I told him that if he insisted I would not use it as an adult domain and he wanted to know when I would get it signed over to them. I told him that I wouldn't. He wanted to know what I was going to do with it after it expired. My response was i'm going to pay 8.88 a year just to be able to go to directnic and check the whois and see my fucking name still registered as the LEGAL fucking owner.

SpaceAce 04-04-2003 04:49 PM

You aren't seriously going to just give it up? So what, so it has the word "Wicked" int it. I say blow them a raspberry and use it until they can get a court order to take it from you. I doubt they could, even if you defend yourself. Unless you designed it to look one of their properties or are doing something to imply you are affiliated with them, they don't really have a case.

SpaceAce

Kat - Fast 04-04-2003 05:09 PM

Why not 'sell' :winkwink: me the name and let them come after me in the UK?

Pipecrew 04-04-2003 05:13 PM

Quote:

Originally posted by dchottie
well if I had the extra bucks to hire a trademark attorney I already would have instead of losing all the traffic I have spent the last three years building. I have spent the last three years with my name embedded with this page and they want to swoop in and snatch it up because it also has the word wicked in it. Fucking moron. I told him that if he insisted I would not use it as an adult domain and he wanted to know when I would get it signed over to them. I told him that I wouldn't. He wanted to know what I was going to do with it after it expired. My response was i'm going to pay 8.88 a year just to be able to go to directnic and check the whois and see my fucking name still registered as the LEGAL fucking owner.
Hit this guy up on icq as far as I know he was able to fight it and was able to keep his domain name, and its way more appealing to wickedprod then yours

128629747

NetRodent 04-04-2003 05:18 PM

If you're not concerned about turning a profit, just create a page of links leading to every other "wicked" website EXCEPT for theirs...

http://www.wicked.com/
http://www.wickedtinkers.com/
http://www.wicked4kids.com/
http://www.wickedmoon.net/
http://www.wickedland.com/
http://www.peteswicked.com/

foe 04-04-2003 06:02 PM

they are bluffing

Wizzo 04-04-2003 06:04 PM

They did the same thing to me for wickedfucking.com...

stocktrader23 04-04-2003 06:13 PM

I can't believe you took your TGP down for those fucks. Trademark on the word wicked? Over my dead fucking body. You should put your tgp back up and have a popup with the details of their claims in it and have 10k porn surfers a day email their ass bitching. :2 cents:

PornHero 04-04-2003 09:46 PM

They are using typical scare tactics on you -- don't be intimidated! They are threatening you because threatening is free and it works the majority of times...

Just checked and all the domain names below are available - no one in the porn world owns the word "wicked"

wickedmpegs.com
wickedmovielinks.com
wickedmilfs.com
wickedpornos.com
wickedlinklist.com
wickedpissing.com
:ak47: wicked pictures

HS-Trixxxia 04-04-2003 09:58 PM

The probably figured out how much you've worked at getting your traffic - now that you have it all built - they want it.

If it were 'wickedpictureslinxxx' I'd worry.....but wickedlinxxx - I think they're yanking on your chain. If it was lucrative, I'd say get your TGP back, pay a smart lawyer for some advice - add a small disclaimer, without a linkback to them, that you are not affiliated with that company. Wait & see.......worst case scenario - put a big ass link so your surfers bookmark you're NEW site - blahblahwhatever.com - Keep your traffic and they can shove it up their wazzu.

Giorgio_Xo 04-04-2003 10:05 PM

Unless Wicked produces a cease and desist order from a judge, it's all hot air. I could hire any asshole with a bar number to write a letter. Proving a trademark violation is very difficult. They would need to spend thousands of dollars to win a hundred dollar case. It isn't sound business. Transfer the domain offshore and there isn't shit they can do without spending a fortune.

RottenPug 04-04-2003 10:13 PM

I had the same problem with them after talking with my lawyers I kindly told them to fuck off. I have wickedpain.com I never did anything with the site but put up a cheesy bondage site. I never herd back from them.

Best of luck with the site :thumbsup

dchottie 04-05-2003 01:51 AM

you know I think that you guys have given me some hope. I think that i'll tell them to fuck off and if they want to come all the way out to Oklahoma and get their asses stoned for draggin a porn case before the court systems here let them. I want to see some slicked up greasy lawyer drop into my community sporting his little esquire after his name and try to argue that he has the right to this domain because his company is such a large porn peddler. Man the bible belt will eat him alive. So does anyone know of a good offshore host?

Besides who could mistake this http://www.wickedlinxxx.com/index.shtml

for their site? They have a full fledged paysite and a fucking affiliate program. That's all I can find for them in the way of functioning websites. Anyone know how to check what domains a company owns? Like a collective listing of domains held by Company X. Or in this case SBO

MetaMan 04-05-2003 01:55 AM

i would change the ownership of it,
keep ur name on it and put the telephone number of ur relative that can barely speak english,
let them have fun making the phone calls.

chupacabra 04-05-2003 01:56 AM

Quote:

So does anyone know of a good offshore host?
yes... try out HavenCo... about as offshore as you can get, and really fair pricing structure..! :thumbsup

NetRodent 04-05-2003 02:08 AM

Quote:

Originally posted by Giorgio_Xo
Unless Wicked produces a cease and desist order from a judge, it's all hot air. I could hire any asshole with a bar number to write a letter. Proving a trademark violation is very difficult. They would need to spend thousands of dollars to win a hundred dollar case. It isn't sound business. Transfer the domain offshore and there isn't shit they can do without spending a fortune.
Not exactly... Wicked does have an obligation to protect its trademark so its not exactly a hundred dollar case. For around $1500, plus lawyers fees, they could submit a claim for the domain under the UDRP. Off shore or not there's a decent chance they'd get it. The arbitration panels tend to side with the trademark holders (since that's where their bread is buttered).

SomeCreep 04-05-2003 02:20 AM

Quote:

Originally posted by PornHero
They are using typical scare tactics on you -- don't be intimidated! They are threatening you because threatening is free and it works the majority of times...

Just checked and all the domain names below are available - no one in the porn world owns the word "wicked"

wickedmpegs.com
wickedmovielinks.com
wickedmilfs.com
wickedpornos.com
wickedlinklist.com
wickedpissing.com
:ak47: wicked pictures


yep, true. Know your rights, read up on adult site law. No way they can claim trademark ownership of "wicked"...too generic. I doubt their claim would actually hold up in court.

LiveDose 04-05-2003 02:57 AM

Quote:

Originally posted by NetRodent
If you're not concerned about turning a profit, just create a page of links leading to every other "wicked" website EXCEPT for theirs...

http://www.wicked.com/
http://www.wickedtinkers.com/
http://www.wicked4kids.com/
http://www.wickedmoon.net/
http://www.wickedland.com/
http://www.peteswicked.com/


haha that's great...:thumbsup

andi_germany 04-05-2003 04:35 AM

WHat is their trademark anyway? I am metasearching the trademarks and I don't see anything.

dchottie 04-05-2003 12:17 PM

Word Mark WICKED
Goods and Services IC 035. US 100 101 102. G & S: RETAIL STORE SERVICES RELATING TO PRERECORDED VIDEO TAPES, DVDS, BOOKS, MUSIC CDS; ADULT TOYS AND NOVELTIES; JEWELRY; CLOTHING, NAMELY, SHIRTS, T-SHIRTS, CAPS, HATS, COATS, JACKETS, ROBES, SHORTS, PANTS, UNDERWEAR, LINGERIE, BRAS, EROTIC CLOTHING, COSTUMES, SWIMWEAR, SLIPPERS, SHOES, AND SUNGLASSES; PURSES, WALLETS, AND LUGGAGE; CANDLES; BED BLANKETS, LINEN, SHEETS, PILLOWS AND COVERS; BATH PRODUCTS, NAMELY, BATH BEADS, BUBBLES, CRYSTALS, FOAM, GEL, SPONGES, LOTIONS, OIL, AND TOWELS; BODY LOTION AND OILS; COSMETICS; GIFTS
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78182714
Filing Date November 7, 2002
Filed ITU FILED AS ITU
Owner (APPLICANT) SBO PICTURES, INC. CORPORATION CALIFORNIA 9040 ETON AVENUE CANOGA PARK CALIFORNIA 913041616
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


This came from the Trademark search engine page.
http://tess2.uspto.gov/bin/gate.exe?...tate=inb7v.1.1

Yes, i'm not thinking it will cost them a lot to defend themselves since they more than likely have an attorney on staff. At least when I returned his call last month he was located at the main offices. So i'm still not sure what to do.

Lee 04-05-2003 01:58 PM

http://www.chillingeffects.org/

Might be worth a peek to see if you can get any info from.

Rochard 04-05-2003 04:52 PM

Quote:

Originally posted by Giorgio_Xo
Unless Wicked produces a cease and desist order from a judge, it's all hot air. I could hire any asshole with a bar number to write a letter. Proving a trademark violation is very difficult. They would need to spend thousands of dollars to win a hundred dollar case. It isn't sound business. Transfer the domain offshore and there isn't shit they can do without spending a fortune.
Your wrong.

Yes, you can have any attorney write a letter. But this isn't "any attorney". However, which larger companies..... Legal fees cost us a lot of money. If they are serious about it here's what they should do:
1) Fire off a nice email telling the offending party to grow up.
2) Have an attorney write a letter. At this point the company is out a few hundred bucks....
3) If they are serious about it, they start a lawsuit and once a lawsuit starts it won't stop until money changes hand. If it takes me $10K to take someone to court, you had better bet I'm going to get damges to cover my legal expenses and then some.

I wouldn't be surprised if companies make a profit off of this shit.

Recently Lightspeed Media was contact by Jenna's clan about our Jenna's XXX Live Cam. The domain name we had was www.jennasxxxlivecam.com . I can see how this didn't sit well with Jenna and her group. We contacted them, discussed without going through the legal crap, and we ended up buying a new domain name: www.jennielovessex.com. Problem solved. In fact, we even turned over the old domain name to them since it was now useless to us.

These companies MUST be strict in protecting their copyrights and trademarks. Otherwise, when a big case comes up and they do need to go to court they can prove they have protected their trademarks and copyrights.

dchottie 04-05-2003 06:57 PM

well roc in your case with the jennasxxxlivecams I can almost understand that. Like TawnyU.com would probably raise some eyebrows. But I believe the word Wicked to be generic enough that my site doesn't confuse anyone looking for theirs. Besides. I can't imagine the average porn surfer really making a connection between Wicked Pictures company that produces movies and stuff and my TGP that offers free galleries. Most people that watch porn movies anyway I don't feel really register the production companies involved. I'm not sure i've ever paid that much attention to the credits to know who's producing the movies or distributing them. I just wanna see the nekkid chicks and the sex. Could care less if Joe Blow made or distributed the movie. So I think that people looking for their site know damn well they're looking for a production/distribution company and not a free TGP.


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