Copyright Question

[Defonic]

OK experts, heres a question for you.
We have 3 domain names. All owned by by different parties. I will use examples not to post originating domains. We will use for example the following:
a.com
ab.com
abc.com

Say I owned abc.com and the owner of ab.com said I am infringing upon his domain name of ab.com Since his copyrighted word of 'ab' is in my domain. Personally I think it's total bullshit but he tried.

Now my question, would this be true?
If it is true then would he the owner of 'ab.com' then be infringing upon 'a.com'?

I hope I make sense and get some experienced answers here.

[pc]

I'm not an expert but this article may give you a hint of how G is fighting similar cases.

[LD]

Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

http://www.copyright.gov/help/faq/faq-protect.html

There has been some lawsuits where a domain name and/or website was considered an infringement on someone else's trademark, patent, or corporate identity. It's not copyright law, however, and they need lots of money to initiate a lawsuit like this.

[Defonic]

Thank you very much for summing this up, I have spoke with my lawyers since this thread and they have informed me any allegations are false and not punishable in a court of law.

Some may wonder how this started, here is the story:
I received an email from Brooks Barristers & Solicitors www.brookslaw.ca stating my domain name http://www.sextubeland.com was infringing upon the domain www.sextube.com and they would be monitoring my domain for any further infringement and if so, I would have to forfeit my domain to them and also supply them with any revenue made from my domain.

For the record, the first contact email, they attached a 'legal' .pdf complaint letter.
The kicker is inside the 'legal complaint' they refereed my domain of sextubeland.com as another domain. Apparently it was a premade, copy and paste template and they neglected to change the domain name within. Unprofessional huh?

I would hate to be paying that firm for services.

After these allegations, well... we basically we laughed. I don't blame them for trying but they took further action and thus forcing us to take further action.

Below is a few correspondence relations for your jury to debate:
Emails have been excluded.

Re: Sextubeland.com
You own SexTubeLand.com right? If so you are infringing on our trademark.
Shap

Re: Sextubeland.com <http://sextubeland.com/>

Dear Sirs,
Please be advised this false communication has been noted and filed.
Said parties:
BROOKS BARRISTERS & SOLICITORS
CARSED MARKETING, Inc.
As above has failed to acknowledge and refrain from any said false accusations noted in our last email correspondence.

As stated in the following:
Code Title 18 Subsection 1514(c)1(B)
§ 1514. Civil action to restrain harassment of a victim or witness.
(c) As used in this section—
(1) the term “harassment” means a course of conduct directed at a specific person that—
(A) causes substantial emotional distress in such person; and
(B) serves no legitimate purpose

We the said owners of SEXTUBELAND.COM <http://sextubeland.com/> ("Domain Name") has NOT infringed nor caused damages of loss revenue due to your said Copyright notice of &copy; SEXTUBE.COM <http://sextube.com/> ("Domain Name").

We now consider and officially note this 2nd email correspondence as Harassment of Code Title 18 Subsection 1514(c)1(B) as an official statement of your disregard for your findings and demands.

We the said owners of SEXTUBELAND.COM <http://sextubeland.com/> ("Domain Name") do not want this said issue to escalate further. Although please be advised for the record your email correspondence and demands have been noted and filed for any said evidence to which the said parties:
BROOKS BARRISTERS & SOLICITORS
CARSED MARKETING, Inc.
further peruse legal action against the said parties:
DEFONIC INTERNATIONAL SOLUTIONS

Also please note for the record, this is now our 2nd attempt to refrain the said parties:
BROOKS BARRISTERS & SOLICITORS
CARSED MARKETING, Inc.
from any harassment and false accusations.

Legal action against the said parties:
BROOKS BARRISTERS & SOLICITORS
CARSED MARKETING, Inc.
are inevitable in the certain arise this communication does not seize.


Regards
/S/: ******* * ******

And it gets better.

You are retarded. I hope for your sake English isn’t your first language.

The funniest thing is an idiot like you has no chance of making it in our industry. You don’t know shit about law and you know even less about how to survive in the industry. LOL.

Not only are you infringing on my trademark but you are also infringing on my content. LOL SWEET. Thanks for telling me you run *************. Going to send a little notice to your host to take care of the stolen content you have on there.

PS You are awesome.

Shap

I am assuming we all know the DMCA Law here? We are now going from a 'Copyrighted' word to a whole new allegation of illegal content on my site.

Dear Sir,

If you have any proof of infringing material being said on your behalf I invite you to make our parties aware of the situation in a formal notice as in the same as on any of your said domains may be infringing on behalf of the same said accusations.

Proof being:

http://www.trannytube.com/index.php?view=info_2257

http://www.gaytube.com/index.php?view=info_2257

You in fact reserve the same right and being said you are not the sole primary producer of the content.

Thus being said, we reserve the same right as said and mentioned in our TOS.


We do have a legal demand under the DMCA Law to remove any said infringing URLS, Embedded Material and Copyrighted Material within 48 hours of a formal Takedown notice for which you have not informed us upon any of these allegations.


You are invited to either inform us of any requests of removal or may also inform our hosting providers at the following:

Support :support@hostgator.com

Fax (Abuse) 281) 476 - 7801


For I am sure you are aware of these standard polices since you in fact operate in the same fashion as some of our said domains.



Regards

/S/: ******* * ******

My apologies for the extended post, I invite everyone to give feedback.

[Maj. Stress]

They are handling legal matters via email? Ignore the ignorant fucks.

[Useless]

Shap is the owner of Twistsy's. He is a giant tool. That being said, "Sextube" is a registered trademark.

Word Mark SEXTUBE
Goods and Services IC 038. US 100 101 104. G & S: ELECTRONIC DELIVERY OF IMAGES AND PHOTOGRAPHS VIA A GLOBAL COMPUTER NETWORK; PROVIDING ACCESS TO DATABASES FEATURING THIRD-PARTY WEB CONTENT CONTAINING ADULT RELATED PICTURES, VIDEO CLIPS AND OTHER ADULT ENTERTAINMENT OVER A GLOBAL COMPUTER NETWORK. FIRST USE: 20060201. FIRST USE IN COMMERCE: 20060201

IC 041. US 100 101 107. G & S: ONLINE ENTERTAINMENT SERVICES, NAMELY, PROVIDING WEB SITES FEATURING ADULT CONTENT. FIRST USE: 20060210. FIRST USE IN COMMERCE: 20060210
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77065264
Filing Date December 15, 2006
Current Filing Basis 1A
Original Filing Basis 1B;44D
Published for Opposition September 25, 2007
Registration Number 3350922
Registration Date December 11, 2007
Owner (REGISTRANT) Carsed Marketing Inc. CORPORATION BAHAMAS P.O. Box AP59223 Slot 378 Nassau BAHAMAS
Attorney of Record Joseph A. Sebolt
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Good luck with that.

By the way, brush up on your legal-eze. Your reply to him makes you sound like an idiot trying to sound lawyerly.

[Defonic]

Originally Posted by Useless Warrior

Shap is the owner of Twistsy's. He is a giant tool. That being said, "Sextube" is a registered trademark.


Good luck with that.

By the way, brush up on your legal-eze. Your reply to him makes you sound like an idiot trying to sound lawyerly.

Let's get something straight. I could give a fuck who he is, I don't care what he owns. He means nothing to me. He may intimidate the smaller guys and best wishes to him.
Useless Warrior for the record I am not attacking you on a personal level. I am able to take suggestive criticism just fine. All I ask is make sense when giving your opinion.
Although don't tell me 'who he is' I could give a fuck. If you want to be knocked down to as peon level from his marketing skills then I feel sorry for you, but I will not be intimidated by such arrogance.
Don't be the kid on the short bus always getting his ass kicked.

The fact is he is saying our domain name sextubeland.com is infringing upon his trademark.
Maybe I am mistaken but clearly from http://www.copyright.gov/help/faq/faq-protect.html it does infact state a domain name can not be copyrighted.

Again, I am not looking for replies such as 'Who I am dealing with' or 'How much the said party owns'. It's not a question of who they are and what they mean to the industry its a question of right and worng.

If I am wrong then lets here some facts if you don't have anything intelligent to say they please keep it to yourself.

[Toby]

The domain isn't copyrighted. The term SexTube has been trademarked. There's a huge difference.

Personally, I think the trademark was issued in error, but it would take a very costly lawsuit to overturn that decision.

[Useless]

Originally Posted by Defonic

If I am wrong then lets here some facts if you don't have anything intelligent to say they please keep it to yourself.

If that was a board rule, you wouldn't be allowed to post.

I told you who you were dealing with because, if you were mature, you'd want to know. He's not some small-time webmaster pulling a stunt or trying to bully you, and he is MUCH more aware of his legal rights than you are. You proved that by replying to him yourself in that horribly bastardized attempt at legal speak.

The fact that you reacted in such a child-like fashion, and basically told Shap to suck your cock on the index of sextubeland.com proves that you are in way, way, WAY over your head.

If I were a betting man, I'd place my wager on Shap taking that stupid domain from you.

Originally Posted by Defonic

The fact is he is saying our domain name sextubeland.com is infringing upon his trademark.
Maybe I am mistaken but clearly from http://www.copyright.gov/help/faq/faq-protect.html it does infact state a domain name can not be copyrighted.

Pull your head out of your ass so you'll begin to realize that there's a difference between a copyright and a registered trademark.

[Defonic]

I know who Shap is, and I knew of him before this situation occurred. I can understand and appreciate the fact of you making me aware of who he is. Thank you Useless Warrior. Although I don't care what he owns and how much he moves in this industry. If I am right in this situation I will take what ever legal action and (costs) that it takes to prove my innocence.
If I am indeed wrong I will admit it, I don't have a problem with that, but for you to say
My head it out of my ass, thank you Useless Warrior for that extravagant comment, it made me chuckle.
I also know the difference between copyright and trademark, although he mentioned in an email I was infringing upon his 'COPYRIGHT' which apparently isn't the case.

I don't care what I have executed on sextubeland.com as of now, it's my domain I own it and I can post whatever my little heart desires although to be specific and aware of infringement.
I have retained legal knowledge because apparently IP Laws can be tricky. I will post my finding here when they arise. I thought I would get everyone Else's opinion on the matter.
For him to 'take' my registered domain name is just absurd, there is ways around everything and apparently Useless Warrior you have never experienced anything related.
Again I am just looking for a 'You are Wrong!' or a 'You Have a Fight'

Thanks

[Useless]

Why do you keep putting my board name in bold? Perhaps you suffer from some sort of mental calamity. I can't tell if it is an attempt to anger me, stroke my ego, or get my attention. I do enjoy reading my name!

For whatever reason, you are acting very angrily, as well as quite childishly, and I'm finding it really rather amusing. It seems as if you are attempting to pull me into some type of board drama. As a veteran of years of nonsense board battles, I can assure you that if I had the time to deal with your petty nonsense, I'd send you away whimpering. Fortunately for you, I'm far too busy to swat around the little pests who come here whining for advice.

You can continue your little game, if you like, and I'll make an honest attempt at returning to read whatever other mindless drivel you feel you the need to spit out in your little huff. But please don't expect an all-out keyboard battle. I'm far too tired to waste energy arguing with my inferiors.

[~NH~]

Another Great BS Response From Useless When Someones Asking For Help. Just Like Was Done When I Was Asking For Hosting Help. http://www.greenguysboard.com/board/...ad.php?t=56168
Guess That Explains The Name Useless

Good Luck Defonic

[hashbury]

Originally Posted by ~NH~

Another Great BS Response From Useless When Someones Asking For Help. Just Like Was Done When I Was Asking For Hosting Help. http://www.greenguysboard.com/board/...ad.php?t=56168
Guess That Explains The Name Useless

Good Luck Defonic

Seriously?
Useless was doing nothing other than trying to help. He was pointing out that shap has deep pockets and has a trademark. Then Defonic got very defensive and/or was intimidated by Useless and then attacked him. Why you guys are so defensive is way beyond me or my ego.

NH you made a post that seemed like you were just spamming the board with your affiliate urls. Even if you are not, you cant blame someone for calling you out on it when there are tons of spammers who do the same thing you did.

Useless has helped me numerous times, but I also never acted like a 6 year old when ASKING for help.

[Useless]

Originally Posted by ~NH~

Another Great BS Response From Useless When Someones Asking For Help. Just Like Was Done When I Was Asking For Hosting Help. http://www.greenguysboard.com/board/...ad.php?t=56168

Learn how to type, you ignorant, spamming cunt.

Originally Posted by ~NH~

Guess That Explains The Name Useless

If you weren't such a worthless newbie fuck, you'd realize how unoriginal that was. I chose the name, idiot. Ya think there may have been a reason behind it? Do you think I mind being called "useless?" Not all of us were clever or creative enough to use our home state as our board name.

You're too much of a little pussy to take me on yourself, so you're going to piggyback Defonic's thread. Fucking pansy.

[Defonic]

Useless Warrior I put your name in bold just in case you missed that I was referring to you since you apparently had everything else to say since you apparently missed the whole meaning of my post.
That being said, Am I in the wrong or do I have some sort of battle here?
Again, am I wrong or am I right?

[Defonic]

Actually, just ignore the thread, apparently I cannot get any useful information, just useless information.

I do thank everyone for the useful information posted but I am tired and don't want this turning into a "Bitch" thread with members that have nothing to say that is in regard to the question, like always.

Out of all the boards I did in fact confide in this board to give me an intelligent approach on my matter. I guess I was wrong. Some people have WAY to much time on their hands.
I do thank everyone that contributed a useful approach to my matter.

[Defonic]

Originally Posted by hashbury

Seriously?
Useless was doing nothing other than trying to help. He was pointing out that shap has deep pockets and has a trademark. Then Defonic got very defensive and/or was intimidated by Useless and then attacked him. Why you guys are so defensive is way beyond me or my ego.

NH you made a post that seemed like you were just spamming the board with your affiliate urls. Even if you are not, you cant blame someone for calling you out on it when there are tons of spammers who do the same thing you did.

Useless has helped me numerous times, but I also never acted like a 6 year old when ASKING for help.

Hashbury I wasn't trying to get defensive nor attack Useless I guess I was simply irritated over the whole situation and didn't need the criticism of my firm being or trying to act 'lawyerly' as he mentioned, and the fact of who he is or how deep his pockets are.

It was a simple straight forward question "Am I right or Wrong".

I did in fact understand that I would get useless information on this thread and so be it.
I was just looking for an experienced person to answer my question.
No offense taken here and I apologize for getting everyone's panties in a bunch over what I thought was a straight forward question.

[cd34]

Here's a very generic take on the issue:

sextube.com, Record created on 10-31-2004
sextube trademark registered, December 11, 2007
sextubeland.com, Created on: 22-Sep-09

Would sextubeland.com have profited by the similarity to the name that was trademarked? Was sextubeland.com registered in order to deceive the surfer into thinking they were in sextube, or, was the site registered to capture search engine keywords in order to generate traffic from the similarity of the names?

As the sites http://sextube.com/ and the cached site that google has: http://74.125.47.132/search?q=cache:...ient=firefox-a

appear to be somewhat similar, a judge would probably find that there is enough potential that your site may have confused surfers and diluted the value of his trademark. Since both sites are very similar in scope, in the same general market, I believe a judge may find your actions to be contributory to trademark infringement.

Imagine if you opened a restaurant called McDonaldland (which is trademarked, but, pretend for now that it isn't). You use the golden arches, paint your restaurant in the same signature colors that McDonalds uses. I don't believe you would win that case either.

Ask your attorney whether you have a case to keep the domain, and ask for a reasonable estimate for the cost of fighting this. Bear in mind, losing this case means that you may have to cover the opposing attorneys fees as well.

The only winners in a trademark dispute are the attorneys. If they file an injunction, you are forced to take the domain offline until the case is heard - which means you cannot generate traffic/income from the site. If they win the case, they could go as far as looking at your income tax statements and books to determine how much revenue sextubeland.com earned, and could file to capture that revenue. If sextube.com decides to file with WIPO, you've got to pay a fee and agree to binding arbitration and could potentially lose the domain. Win or lose, that fee is kept by the arbitrators. Potentially losing the domain is only part of the issue. The potential lawsuit for trademark infringement is the costly part.

Regardless of what you read on the web, the ONLY source you should trust is the attorney that has agreed to represent you.

Having been indirectly involved in a very similar case with a client having a domain including aol, I can tell you that they spent about $15k on attorneys fees before relinquishing the domain.

Talk to your attorney, get his opinion and make a decision whether to fight it or not. Whether the trademark should be overturned or not is a secondary issue. I believe that a trademark on the term sextube would be infringing on youtube. But, as Toby says, that is also going to be a costly battle.

[SheepGuy]

NH, This Has Nothing To Do With Anything, But Why Do You Capitalize The First Letter Of Every Word?

Besides that, Useless tore me a new asshole when I submitted my first free site after being out of the biz for a couple of years.

I could have had a pansy fit and said I was a genius and he just didn't understand, but the dude made sense.

Honest advice is rare in this biz, and even rarer in any other biz I've been involved with, it might disagree with you're world view of things, but if you have any smarts at all, you'll at least hear it with an open mind.

Just quit anyways, why put it off?

That's honesty, and you know it's true. Are you rich yet?

Truth sometimes damages fragile egos.

[Defonic]

Originally Posted by cd34

Here's a very generic take on the issue:

sextube.com, Record created on 10-31-2004
sextube trademark registered, December 11, 2007
sextubeland.com, Created on: 22-Sep-09

Would sextubeland.com have profited by the similarity to the name that was trademarked? Was sextubeland.com registered in order to deceive the surfer into thinking they were in sextube, or, was the site registered to capture search engine keywords in order to generate traffic from the similarity of the names?

As the sites http://sextube.com/ and the cached site that google has: http://74.125.47.132/search?q=cache:...ient=firefox-a

appear to be somewhat similar, a judge would probably find that there is enough potential that your site may have confused surfers and diluted the value of his trademark. Since both sites are very similar in scope, in the same general market, I believe a judge may find your actions to be contributory to trademark infringement.

Imagine if you opened a restaurant called McDonaldland (which is trademarked, but, pretend for now that it isn't). You use the golden arches, paint your restaurant in the same signature colors that McDonalds uses. I don't believe you would win that case either.

Ask your attorney whether you have a case to keep the domain, and ask for a reasonable estimate for the cost of fighting this. Bear in mind, losing this case means that you may have to cover the opposing attorneys fees as well.

The only winners in a trademark dispute are the attorneys. If they file an injunction, you are forced to take the domain offline until the case is heard - which means you cannot generate traffic/income from the site. If they win the case, they could go as far as looking at your income tax statements and books to determine how much revenue sextubeland.com earned, and could file to capture that revenue. If sextube.com decides to file with WIPO, you've got to pay a fee and agree to binding arbitration and could potentially lose the domain. Win or lose, that fee is kept by the arbitrators. Potentially losing the domain is only part of the issue. The potential lawsuit for trademark infringement is the costly part.

Regardless of what you read on the web, the ONLY source you should trust is the attorney that has agreed to represent you.

Having been indirectly involved in a very similar case with a client having a domain including aol, I can tell you that they spent about $15k on attorneys fees before relinquishing the domain.

Talk to your attorney, get his opinion and make a decision whether to fight it or not. Whether the trademark should be overturned or not is a secondary issue. I believe that a trademark on the term sextube would be infringing on youtube. But, as Toby says, that is also going to be a costly battle.

WOW, very nice response, thank you! Exactly the kind information I was looking for and more. Thank you again.

[pc]

another one