Almost made it through 2004 without getting sued.

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  • freeadultcontent
    Confirmed User
    • Oct 2002
    • 9976

    #1

    Almost made it through 2004 without getting sued.

    DAMN!

    Well someone in another industry wants me to stop using one of our urls (it would actually be four with the variations). They have a valid trademark on one word, and claim a copyright on the two together since it is "one of their characters". Copyright office comes up pretty vague and just says art work.

    Guy was pleasant enough on phone, I can see his point and he can see mine. I am not about willing to just let a paysite url go because some asked, and he has a company to look out for as well. So we will more than likely end up in court, unless we can come to some sort of settlement.

    Well

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  • Sly
    Let's do some business!
    • Sep 2004
    • 31379

    #2
    Which site was it?
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    • freeadultcontent
      Confirmed User
      • Oct 2002
      • 9976

      #3
      Originally posted by Sly
      Which site was it?
      www.willyspanker.com
      or
      www.williespanker.com

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      • nofx
        Too lazy to set a custom title
        • Nov 2002
        • 16826

        #4
        he has a character called "willie spanker" ? hah!

        good luck in court if it ends up there!

        Often times I wonder why
        There's love and hate, theres live or die.
        When sickness comes I must decide:
        When feelings go, theres suicide.

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        • eroswebmaster
          March 1st, 2003
          • Jul 2001
          • 20295

          #5
          I was sent C&D from a guy who trademarked STEALTH...he was going after STEALthisgallery.com

          Stupid fucker....I don't plan on responding until he serves me properly..then I'll go from there.
          For rent - ICQ 127-027-910
          Click here for more details

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          • freeadultcontent
            Confirmed User
            • Oct 2002
            • 9976

            #6
            Originally posted by nofx
            he has a character called "willie spanker" ? hah!

            good luck in court if it ends up there!
            Yeah its some skater clothing company. Not even concerned yet and will not be until his lawyers serve me. Even then his rights to that name are pretty small.

            Unrelated industry.
            I do not sell clothing or mechandise.
            Its 2004, you should know by now to grab a url if you want to protect some "character's" name usage.

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            • baddog
              So Fucking Banned
              • Apr 2001
              • 107089

              #7
              what word does he have a copyright on?

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              • freeadultcontent
                Confirmed User
                • Oct 2002
                • 9976

                #8
                Originally posted by baddog
                what word does he have a copyright on?
                Trademark on "spanker" I checked and that is valid.
                Copyright office just has a copyright on: description ART. No details.

                I always check the trademark office before launching a site and nothing at all came up that covers both words together. As for his copyright, well I would think it covers the art and appearance of his logo's and drawings. I am sure he would still need a trademark on the willy or willie name in conjunction with spanker to be a real threat.

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                • baddog
                  So Fucking Banned
                  • Apr 2001
                  • 107089

                  #9
                  Originally posted by freeadultcontent
                  Trademark on "spanker" I checked and that is valid.
                  Copyright office just has a copyright on: description ART. No details.

                  I always check the trademark office before launching a site and nothing at all came up that covers both words together. As for his copyright, well I would think it covers the art and appearance of his logo's and drawings. I am sure he would still need a trademark on the willy or willie name in conjunction with spanker to be a real threat.
                  I would not be too concerned unless Willie was wearing the spanker clothing line

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                  • freeadultcontent
                    Confirmed User
                    • Oct 2002
                    • 9976

                    #10
                    Originally posted by baddog
                    I would not be too concerned unless Willie was wearing the spanker clothing line
                    I am not concerned. Hopefully this company has a semi-intellegent attorney that will explain they have no real chance. Otherwise my only real concern is paying my damn attorney to file responses and such. I really hate buying my attorney new stuff, even if he earns it.

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                    • myjah
                      Back in the harbor
                      • Sep 2003
                      • 11482

                      #11
                      Well that sucks...hope it works out in your favor
                      VP of Marketing
                      AVN Media Network
                      Skype: AVNJill
                      [email protected]

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                      • baddog
                        So Fucking Banned
                        • Apr 2001
                        • 107089

                        #12
                        Originally posted by freeadultcontent
                        I am not concerned. Hopefully this company has a semi-intellegent attorney that will explain they have no real chance. Otherwise my only real concern is paying my damn attorney to file responses and such. I really hate buying my attorney new stuff, even if he earns it.
                        Yeah, when they start showing you pictures from their last vacation to Europe it can be a drag if they didn't at least bring you back a t-shirt

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