You are damn right we bitchslapped you legally Dig420 - and education for you: inside
 

re: http://www.gofuckyourself.com/showpo...&postcount=121

"Evan has his way of doing things, I have mine. Mine doesn't usually involve lawsuits as a first option though, and trying to trademark common adult website operations

AND bragging constantly about a 60 yr old videotape nobody gives a shit about anymore. The thread was about 'why does everyone hate Jews?'........
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Now- you can debate your personal feelings all you want about religion and culture and what you think of me but from an XPays business standpoint and a factual standpoint, here is the reality of our past enforcement on YOU.

- YOU launched an adult affiliate affiliate network called SEXPAYS.com. We cease and desisted you immediately upon receipt of the advertising materials you were handing out at an AVN show. We successfully enforced our trademark and acquired SEXPAYS.com from you.

A cease and desist is not a lawsuit. You keep saying all these years later that XPays sued you- You did not earn the right to say that and if you had a problem with our tm enforcement- you should have stood your ground then instead of now (7 years later? 8?).

Sexpays.com
XXXpays.com
Maxpays.com

You bet we protect our trademark.

If you had not started an infringing company, we would have never met. You seem to like to point to our run-in with you though on the board all the time. At least be accurate :2 cents:

Booby hiiiiii

Sorry if I don't understand this whole thing.. But to my understanding of your post. You filed and were approved the trade mark for "sexpays" but you did not own the domain at the time?

What was the purpose of the trademark when you filed it? Did you have something called sexpays off line at the time?

XPays is the mark that his use of Sexpays was infringing upon in our cease and desist order to him.

Yes but from review of your tradmark and when sexpays.com was registered, I'd say the domain owner had prior use of the term.

sexpays.com was originally registered in 1998 according to domaintools.com

"sexpays" trademark was originally filed for on August 14, 2002.

So the domain was in existence prior to your trademark so it should have been a open and shut case. Did he not defend it?

Sorry but this is a personal pet peeve of mine.

we filed on our use of sexpays later, not him. our tm was in 1998 and our site was live and tm'd and popular already when he tried to bite on our tm a year later. all of this stuff went down pre-2000.

Ok I was just wondering, because I have a domain that was live piror to a trade mark being filed by a major US company. (meaning part of my domain includes their trademark but my domain was live before the trade mark was filed).

So I was just trying to figure out how it worked out aginst the domain owner if it was live before the trademark was.

they probably would not come after you unless your use of the domain was in the category their mark is registered in. their first use is something to research too btw..

what's the 60 yr old videotape mentioned?

btw- http://Berra.org founder Paul Berra understands the internet and intellectual property fields and can helpout webmasters that need an attorney on such matters.

the barbara streisand tape of course.



he's talking about paris ...

what a second. You own xpays.com he registed sexpays.com and based on the name alone you sued him and won his domain ? His design of this name wasn't similar, services similar, etc... just based on the domain name alone you won the case ? and got his ?

sounds like you succesfully bluffed him into handing things over. And he is now realizing that he isn't happy about it.

Sebs

our tm'd name was in his company name and domain in the same space and industry and category well after our brand was fully established and trademarked. we won't know what a court would have ruled but it is probably a good chance we would have prevailed like we did when we went after xxxpays (see xpays vs. grover smiley).

i think he made the right move when he sold us the domain. some of the emails we got from his initial customers and biz partners though- that was a different story. he never told them the domain had been transferred apparently.

Hey boobie look under my nick

<------------------------hehehhehe

very nice and we are working on a budget for the big promo you want to do here at gfy btw :thumbsup

cool , yo i am sponsoring a team with 4 chicks for lightspeed dodgeball in Phx Forum , i gotta get thongs and baby tees , ill put XVN on it also yo

you told us the thongs and t's were for you though? i'm confused..

leftover dungeness crab in the fridge btw--

good job taking out that scammer bro.

No. Evan deliberately chose a time when Paycom wasn't making it's payments, I was smaller then, his lawsuit was absolute bullshit but I couldn't afford to fight it out. Sexpays = Xpays? lol... if you tried that now I'd light you on fire.

You don't like shit that you do being brought up? Then don't do it. You're a soulless individual, sued by Microsoft for spamming. You don't give a shit WHO sees your porn. You love and respect nothing but the dollar. You are a poor human being.

that was the one and only experience we had with him and we got our domain so our business deal was per the terms.

now he seems to like to claim he was sued? maybe that is to blow smoke over his old partners past requests for their share of the money? who knows...

we would prefer to be left out of it and that ignorance is not an excuse.

c&d's are normal parts of ip enforcement and when faced with ours, he sold the domain. he was never sued in any way by us.

You wouldn't have had a chance and you know it.

We settled with Microsoft fyi. We also protected all of the data they were after and fought for our rights of privacy for those accounts.

You sold the domain you are bitching about and have lots of excuses why.

Drop it and leave us out of your promotions. You were not sued by us and yet you market that way.

Paul is very good.

Don't make yourself sound noble. You were a bulk mailer. A spammer.

Would you sell your soul for fifty cents if you had one Evan?

http://fl1.findlaw.com/news.findlaw....ys61603cmp.pdf

Paul gets it and he is responsive (even at night and way late at night). hopefully more webmasters will use him to further and protect their businesses :thumbsup

You're the one who made the dedicated thread.

hey tell us about that trademark you were trying to get... something like you could sue for anyone marketing someone else's site under their own proggie? I forget the details. Fill your fans in.

sounds like you get kicks out of pushing people around legally. so if someone regged the name SuperPornoFlixPays.com you would try and take that too, just because xpays appears in the name? hilarious.

Spot on. Then he brags about it. Fucking despicable.

Oh boy, you must have done a lot of drugs or been dropped on your head multiple times as a kid if you think you had anything remotely close to a fucking chance to win that in court. WIPO would have given you the finger as well. You bluffed, he folded. I fucking hate this business. Too many bullshit artists with over-inflated egos who couldnt describe their own ass from a hole in the ground.

we were accused. there is no proof we were doing anything illegal.

we were sued for over $100mil by ms 4 yrs ago. i would not wish that on anyone, but sorry your jollies were not satisfied.

take a poll of real lawyers about whether xpays would have won vs. sexpays lol

it's a moot point- the point has already been made that xpays did not sue. so now bernie has no excuse about using us as a badge of honor publicly.

Actually I'm surprised you survived it, I didn't think you'd be capable of being successful doing anything above board, but I guess the stolen porno tape helped some huh?

http://tarr.uspto.gov/servlet/tarr?r...entry=78127349

Class Status: Active
DISSEMINATION OF ADVERTISING OF THE GOODS AND SERVICES OF OTHERS VIA A GLOBAL COMPUTER NETWORK

Nice. Work with Acacia much?

i'd prefer if nobody infringed on us actually.

you want me to apologize for one thing in common with acacia? that we have an issued patent? michael and i invented ours - they bought theirs btw.

Is that so? Then I suppose every adult program who markets someone else's site is your bitch? Where are all the lawsuits? I can name 5 proggies off the top of my head that do this. You're generally not so shy about trying to fuck your fellow webmasters out of a living.

Bottom line Evan: I don't care about you one way or the other. It's a fact, however, that you're a threat to any adult webmaster. That you take pleasure in inflicting legal pain on others, who are just trying to make a dollar. That you will do ANYTHING to make money. Webmasters should know this.

Every time your buddies kiss your ass in your vapid, boring Paris threads where you personally post about nothing 5000 times and nobody tells you you're an asshole because they're afraid to get sued, you should think about this thread.

we help webmasters with real actual help with their own issues all the time. many webmasters here at gfy have gotten referrals and assistance from us.

do you know the difference between a c&d and a lawsuit though now? you can go back to talking about me in your other threads now.

spotten z siggun

Why? I'm talking TO you right here.

How do you help webmasters? By explaining to them that a c&d is not a lawsuit, just a promise of one?

I appreciate and enjoy jewish culture. Your heart would have to be made of stone not to love Anne Frank, your cultural IQ close to zero not to appreciate Leon Uris. Don't get me started on Kurt Vonnegut.

YOU, however, are almost a comical display of every negative attibute that goes along with the jewish stereotype. I say ALMOST comical, because the lawsuits you throw out non-stop and the ones you'll BE throwing out non-stop in the future do real damage, therefore they're not funny.

Well this thread just further solidifies my impression that Evan is a slimy scumball.

Don't know either of these guys but from what I gather of this situation, I'd say the above description is spot on for this xpays guy. Personally, I don't see now a court would have ruled that such common usage words (xpay.com and sexpay.com) would be an infringement. In any case, because Evan had the legal resources to submit someone that (at that time) did not have the means to fight, doesn't mean he is right. In fact, it means he's a lowlife scumbag that uses legal leverage - right or wrong - to make gain. Sure it's part of the game, but I will reserve the right to do business with a program with ethics like that.

everyone is entitled to their opinion of me - i do not care.

Self ownage in progress lol

couldn't agree w/ you more. after reading this asshole actually *brag* about snaking a domain from someone in this fashion just adds Xpays to the list of shady characters in this industry i am always trying to avoid. you have money and lawyers to push people around w/, i guess it makes you proud to step on the others who work here in our arena. fuck you Evan, you are a true pussy..

:321GFY :mad: :321GFY

you stole my model!

if you start a company and use any of our trademarks without our consent - we will be on top of it.

we also have paid every webmaster payment in our history on time.