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-   -   LEXUS sues adult site/owner Lexus Cash! Right or Wrong? What do you think? (https://gfy.com/showthread.php?t=739386)

OMG Jim 06-04-2007 09:30 AM

LEXUS sues adult site/owner Lexus Cash! Right or Wrong? What do you think?
 
Looks like the mainstream corporate boys did not take too kindly to an adult website owner using their name and have decided to sue the solo girl site www.LexusCash.com.

I know that Lexus is a common name in the Adult industry but do you think that Toyota/Lexus is justifiable in this suit???

http://xbiz.com/news_piece.php?id=23357

The Lexus Brand

In 1986, Toyota?s longtime advertising agency Saatchi & Saatchi formed a specialized unit, Team One, to handle marketing for the new luxury brand. Image consulting firm Lippincott & Margulies was hired to develop a list of 219 prospective names; Vectre, Verone, Chaparel, Calibre and Alexis were chosen as top candidates.

While Alexis quickly became the front runner (possibly due to the association with the Alexis Carrington character on the popular 1980s primetime drama Dynasty) and later morphed to Lexus, the name has been attributed to the combination of the words "luxury" and "elegance." According to Toyota, the name has no specific meaning and is just meant to be pleasing and easy to remember.

Just prior to the release of the first vehicles, database service LexisNexis obtained a temporary injunction forbidding the name Lexus from being used as they stated it might cause confusion. Upon reflection, the court lifted the injunction, deciding that there was a low likelihood of confusion between the two products.

The original Lexus slogan, developed after Team One representatives visited Lexus designers in Japan and noted their obsessive attention to detail, became "The Relentless Pursuit of Perfection."

The Lexus logo was developed by Molly Designs and Hunter Communications. The final design for the Lexus logo featured a stylized ?L? within an oval, and according to Toyota was rendered using a precise mathematical formula. The first teaser ads featuring the Lexus name and logo, designed by Team One, appeared at the Chicago, Los Angeles, and New York auto shows in 1988.


Based on the fact that Toyota DID in fact come up with this name and trademarked it and it is NOT a name that can be found in the dictionary I think that Toyota/Lexus will prevail here. What do you think???

_

MattO 06-04-2007 09:35 AM

They served me a few weeks ago because I run pornstar directories and have instances of Lexus in there. I caved and pulled those items outta my DB.

starpimps 06-04-2007 09:37 AM

well considering his site looks like a piece of shit and they first sent him a C&D and he laughed it off...i think its justified

things he could have done:
1) take that crappy site offline
2) move it to a new domain (not like losing his pr2 is going to hurt) and change his super awesome header...easy

but he decided to not take it seriously..so whatever, good luck on the case for him

ztik 06-04-2007 09:37 AM

Well I think Lexus was not used before the cars right?

If so they got the right to take your shit down.

I mean thats like me making googleporn and expect to not get sued

tony286 06-04-2007 09:44 AM

its their name.

IllTestYourGirls 06-04-2007 09:44 AM

how could the site be making any money? why even fight it?

jpwhits 06-04-2007 09:49 AM

Payments are taken through PayPal lololol

http://www.lexuscash.com/join.html

candyflip 06-04-2007 09:54 AM

Quote:

Originally Posted by ztik (Post 12542042)
Well I think Lexus was not used before the cars right?

If so they got the right to take your shit down.

I mean thats like me making googleporn and expect to not get sued

For that spelling of the word I think you're right. Spelled "Lexis" it has been used prior to Toyota.

Phoenix 06-04-2007 09:55 AM

how would you feel if someone came out with www.almightycash.com

Nysus 06-04-2007 10:01 AM

In Canada at least they wouldn't win. Search relating to Barbie case..

D 06-04-2007 10:09 AM

If it can be proven that the trademark was used as a basis for the new use, they're in violation of trademark law.

As Lexus pretty much invented the word. it'd be hard to show otherwise.

OMG Jim 06-04-2007 10:21 AM

Quote:

Originally Posted by Phoenix (Post 12542163)
how would you feel if someone came out with www.almightycash.com

Well that would pretty much be impossible unless we sold them the domain name. :winkwink:

_

baddog 06-04-2007 10:28 AM

Why people insist on using other companies names is something I will never understand.

DWB 06-04-2007 10:39 AM

Good for them.

I would expect the same if any of you dumb asses came out with NikeCash.com.

candyflip 06-04-2007 10:42 AM

Just change the spelling to Lexis, problem solved. The domains are available and they could be through with all this pretty easily.

seeric 06-04-2007 10:44 AM

hahahahaha thats what trademark attorneys call a slam dunk

hottoddy 06-04-2007 10:47 AM

Quote:

Originally Posted by candyflip (Post 12542405)
Just change the spelling to Lexis, problem solved. The domains are available and they could be through with all this pretty easily.

Um, no. "Lexis" is a powerhouse in the legal community. Try www.lexis.com. They would get sued with this name variation too.

Funny thing is, "Lexis" was sued by "Lexus" back in the 90s and won. The reasoning was the names were distinct enough, and there was no likely source of confusion between a luxury car and legal publishing/research giant.

BucksMania 06-04-2007 10:47 AM

thanks god i didnt start BMWcash.com back in the day :)

Jay-Rock 06-04-2007 10:48 AM

My site is called barely legal teenz and I was saying the phrase barely legal before I ever knew about hustler. I say it all the time. Look at that barely legal over there isn't she hot. If they had invented or were the first to ever use this then I would understand, however barely legal is a common phrase. That like trying to trademark hotbabes or something that we use in everyday common language. This is a very vague subject.

candyflip 06-04-2007 12:31 PM

Quote:

Originally Posted by hottoddy (Post 12542435)
Um, no. "Lexis" is a powerhouse in the legal community. Try www.lexis.com. They would get sued with this name variation too.

Funny thing is, "Lexis" was sued by "Lexus" back in the 90s and won. The reasoning was the names were distinct enough, and there was no likely source of confusion between a luxury car and legal publishing/research giant.

Her existing domain name spelled Lexis and not Lexus. And you have it wrong, like the article stated above...Lexis had sued Lexus and lost. :winkwink:

CIVMatt 06-04-2007 12:36 PM

Quote:

Originally Posted by starpimps (Post 12542036)
well considering his site looks like a piece of shit and they first sent him a C&D and he laughed it off...i think its justified

things he could have done:
1) take that crappy site offline
2) move it to a new domain (not like losing his pr2 is going to hurt) and change his super awesome header...easy

but he decided to not take it seriously..so whatever, good luck on the case for him

Dude dont knock their l33t photoshop skills

http://www.lexuscash.com/images/thb201.jpg

chri$tian 06-04-2007 12:41 PM

They contacted us for a domain that had lexus (pornstar) in it to a while back, we took it down..

stickyfingerz 06-04-2007 12:42 PM

So I shouldnt launch MercedesMoney.com then???? :Oh crap:Oh crap

WiredGuy 06-04-2007 01:51 PM

Just the name Lexus is not likely enough since LexusCash has nothing to do with automotive. But Lexus does also own trademarks on Lexus Financial, Lexus Financial Services, etc. etc. The usage of the word "cash" can be misleading on Lexus Financial products and services and I would say Lexus would likely win LexusCash because of this.
WG

scoreman 06-04-2007 02:04 PM

Business Darwinism strikes again!

NinjaSteve 06-04-2007 02:10 PM

Quote:

Originally Posted by AlmightyJim (Post 12542287)
Well that would pretty much be impossible unless we sold them the domain name. :winkwink:

_

okay... how about almightyJIMcash.com?

NinjaSteve 06-04-2007 02:12 PM

Quote:

Originally Posted by CIVMatt (Post 12543044)
Dude dont knock their l33t photoshop skills

http://www.lexuscash.com/images/thb201.jpg

:1orglaugh niiiiiiiiiiiice!

TimBlaze 06-04-2007 02:15 PM

jesus christ that site sucks ass, he should have just complied with the C&D

acctman 06-04-2007 02:33 PM

No they're not wrong LEXUS is there name and brand... yes they slacked of enforcing there trademark but still they created the name LEXUS. its like if someone called there site Microsoft Cash... just because Lexus has turned into a poorly enforced trademark and name used by strippers all over america that still does not make it right. Lexus can enforce there trademark anytime they want.

Rui 06-04-2007 02:52 PM

right...

doubt the owner didn't though for a sec about the possibles consequences o such stupid tactic...


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