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I'm in Brujah's same boat - a domain owner above all, though I'm not in the adult biz myself at all except for selling adult domains. My stance is that tube would technically not be recognized as a generic term meaning video site as of yet, and as such sextube is a legit trademark/brand and they would win based on first usage and first to trademark over hardsextube. Though that then brings up the question of whether or not since every tube site is clearly banking off of the overwhelming popularity of YouTube, could YouTube go after any tube site with You or Tube in their name based on the "confusingly similar" principal and bad faith? Lord knows PornHub would cheer as YouPorn and RedTube get snapped away, lol. Who knows, perhaps big G is waiting for someone else with a tube site and a TM to be the first to try and make a precedent setting case for the term tube not being generic for video site so that they can then march in and have a much easier case to make.
Anyways, MY issue is more with your ownership of typos/TM names of other companies. Whether you were to give them up to the TM/site owners or not in the past, you still have them and seemed to gloss over the ethics of having them. Another example in a different industry off the top of my head is FullTiltPoker - they own all kinds of typos of most other poker sites, and instead of going after owners of typos of their own site, they buy them up instead, which avoids hypocrisy. Also, from the point of arguing that HardSexTube has illegal content and why anyone would defend them given that, you looked a bit hypocritical with the whole advertising on illegal tube site issue you just went through with people on here. One of the big things that can get on people's nerves are the rich/powerful that believe laws/rules should apply or not apply only when it suits them. We're stuck with an economic mess in the U.S. thanks to big corp execs and politicians like that. Lastly, as others have indicated, you probably WOULD be better off letting all such sites simply operate as-is anyways because every large "_____SexTube.com" site would give you collateral traffic, and given you're a tube site as well, you could very well end up stealing some of their visitors from that. I realize that goes against the whole point of having a TM, but not every TM owner avidly goes after domains with the TM in them. Some are notorious for doing it (Olympics) and some others rarely if ever do it. It's hard to say given that that not going after a TM-infringing domain would indicate you're not protecting your TM. Anyways, good luck with the whole situation and hopefully you do work out a deal where both sides are happy. I don't think you were deserving of all the drama the situation attracted, but hopefully now you realize even if you were to have sought out and won the domain, it would be a pyrrhic victory at best...reputation is generally worth more than money. |
Brujah and EscortBiz speak teh truth.
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Keep your head up high. I honestly don't know the situation but if you believe what you are doing is right, that's all you can really do.
As cheesy as it may sound, at the end of the day, its your life, and if you can live with the outcome of what happens, you will be a better person. |
I really don't think it would win in court but I guess you never know. Seems trivial to me.
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Good luck!!
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Protect your shit Shap!!!
Don't worry about what ANYONE says here. 99% of them who complain probably don't do business with you anyay. This is just another board witch hunt. |
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Protecting your trademark is when you sue the guy who is printing T-shirts with your logo on it. You should fire your lame lawyers now, they made you great loss for no gain at all. You just made ppl who love and respect you disappointed big time. :( |
i have 0 bro commitment
im a traffic guy, it affords me this |
My 2 cents on this: Shap stop replying.
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I've been 2 months out of the gfy and now I seen what new happens in this fucked biz.
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lol yes that is how the mob works to, 1st we threat you to take everything away from you and then we make a deal to you pay us and we will not kill you.
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What goes around comes around.
Every dog has his day. |
Desperate times call for desperate measures.
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Gary |
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maybe in the 1st thread if not in this one, i dunno, shit usually has a way of working itself out eventually it excretes itself out of the way |
Apparently hardsextube.ca already gave theirs up. It's on the same ns. as twisty's.
Domain Name: TWISTYS.COM Registrar: INTERCOSMOS MEDIA GROUP, INC. D/B/A DIRECTNIC.COM Whois Server: whois.directnic.com Referral URL: http://www.directnic.com Name Server: NS1.SWIFTWILL.COM Name Server: NS2.SWIFTWILL.COM Name Server: NS3.SWIFTWILL.COM Domain name: hardsextube.ca Domain status: EXIST Approval date: 2007/11/17 Renewal date: 2009/11/17 Registrar: Name: Tucows.com Co. Number: 156 Name servers last changed: 2009/01/21 Name servers: ns1.swiftwill.com ns2.swiftwill.com ns3.swiftwill.com |
it could be just bought by Shap, alias?
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He mentioned somewhere they .ca gave in and released the domain.
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11pages? I dont see any thread with 11 pages Shap????
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