Trademark infringement wtf - GoFuckYourself.com

camchoice · 04-12-2010, 11:15 AM

I got this email , claiming trademark infringement because I own camguys.org I checked his trademark registration, which is listed here :

http://tess2.uspto.gov/bin/showfield...10:8139hu.13.1

It clearly states :

Quote:

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GUYS" APART FROM THE MARK AS SHOWN

Here is the email :

Quote:

My name is Chris Wescott, I am the Vice President of Z Productions, Inc. which owns www.CamGuys.org We also own the trademark for The Cam Guys (Registration Number 3,736,771)
The website www.CamGuys.org is a direct and intentional infringement upon out trademark and it is putting our trademark name on the internet in a way that we do not approve of or desire. You are also financially benefiting from using our name (a confusingly similar version of it).
I ask that you immediately shut down the website: www.CamGuys.org
We are forwarding this letter to our attorneys (via blind copy) who have been asked to act swiftly if the site is not immediately taken down.
I hope you understand and respect the gravity of this situation and will work to rectify it at once.

Does this guy have any chance ? Besides I am based in Europe, I assume his trademark is just for USA. If I move the shit back to Europe I am okay ? Does anyone have any experience with this ?

Maybe I just put a picture on it of some real nasty gay work, then i am not financially benefiting from it, lol...

Wizzo · 04-12-2010, 11:18 AM

You might want to talk to a lawyer, but looks like they might have a case on you, unless you bought and established the dot org before they did with the dot com.

DateDoc · 04-12-2010, 11:19 AM

The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

camchoice · 04-12-2010, 11:21 AM

Quote:

Originally Posted by DateDoc

The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

Thats the strange thing about it, he doesn't own the domain... I do

Sly · 04-12-2010, 11:25 AM

Quote:

Originally Posted by DateDoc

The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

I read the post three times thinking I was reading it wrong. I noticed the same thing.

lazycash · 04-12-2010, 11:25 AM

Quote:

Originally Posted by camchoice

Thats the strange thing about it, he doesn't own the domain... I do

Before you do anything, email him back and get some clarification as to what he's talking about as you own the domain camguys.org.

DateDoc · 04-12-2010, 11:25 AM

email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site.

lazycash · 04-12-2010, 11:32 AM

It appears he owns camguys.com , if you go to the site and look at the very bottom you'll see this. "The Cam Guys" is a trademark of CamGuys.com

Agent 488 · 04-12-2010, 11:35 AM

sounds retarded.

woj · 04-12-2010, 11:38 AM

he is probably bluffing, I wouldn't worry about it till his lawyer contacts you...

camchoice · 04-12-2010, 11:40 AM

Quote:

Originally Posted by DateDoc

email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site.

Yeah I guess he made a typo.... His site was like this in June 2008 :
http://web.archive.org/web/200806081...w.camguys.com/

We own the domain since sept 4 2008 and it never changed content...

ottopottomouse · 04-12-2010, 11:42 AM

appears to have only been filed last year

Quote:

Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2010-04-12 14:37:42 ET

Serial Number: 77757891 Assignment Information Trademark Document Retrieval

Registration Number: 3736771

Mark
The Cam Guys

(words only): THE CAM GUYS

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2010-01-12

Filing Date: 2009-06-11

Transformed into a National Application: No

Registration Date: 2010-01-12

Register: Principal

Law Office Assigned: LAW OFFICE 105

If you are the applicant or applicant's attorney and have questions about this file, please contact the Trademark Assistance Center at [email protected]

Current Location: 650 -Publication And Issue Section

Date In Location: 2010-01-12

LAST APPLICANT(S)/OWNER(S) OF RECORD
1. Z Productions, Inc.

DBA/AKA/TA/Formerly: DBA Global Internet Corporation
Address:
Z Productions, Inc.
P.O. Box 3732
St. Petersburg, FL 33731
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Florida
Phone Number: 813-404-2606
Fax Number: 208-275-4510

GOODS AND/OR SERVICES
International Class: 041
Class Status: Active
Entertainment services, namely, providing webcasts in the field of male models for viewing purposes
Basis: 1(a)
First Use Date: 2005-11-06
First Use in Commerce Date: 2005-11-06

ADDITIONAL INFORMATION
Disclaimer: "GUYS"

MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)

PROSECUTION HISTORY NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.

2010-01-12 - Registered - Principal Register

2009-10-27 - Notice Of Publication E-Mailed

2009-10-27 - Published for opposition

2009-09-24 - Law Office Publication Review Completed

2009-09-24 - Assigned To LIE

2009-09-14 - Approved for Pub - Principal Register (Initial exam)

2009-09-14 - Examiner's Amendment Entered

2009-09-14 - Notification Of Examiners Amendment E-Mailed

2009-09-14 - Examiners amendment e-mailed

2009-09-14 - Examiners Amendment -Written

2009-09-10 - Assigned To Examiner

2009-06-16 - New Application Office Supplied Data Entered In Tram

2009-06-15 - New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION
Correspondent
Z PRODUCTIONS, INC.
Z PRODUCTIONS, INC.
PO BOX 3732
ST PETERSBURG, FL 33731-3732
Phone Number: 813-404-2606
Fax Number: 208-275-4510

Fat Panda · 04-12-2010, 11:43 AM

you're fucked

marketsmart · 04-12-2010, 11:50 AM

I emailed him back for you and told him to go fuck himself and you will see him in court...

Hopefully he will back down....

You're welcome..

.

Matt 26z · 04-12-2010, 11:56 AM

If it were to go to WIPO you may lose on grounds that your domain is confusingly similar to his trademark.

His TM is for "The Cam Guys" and one has to wonder if an application for "Cam Guys" was denied. Probably not, but it might be worth checking into.

CamGuys.com May 23, 1997 (he appears to not be the original registrant... think he used his TM to take this domain?)
TheCamGuys.com Nov 06, 2005

Filing date: June 11, 2009
Stated first use in commerce: Nov 06, 2005 (Dec 15, 2005 Archive.org shows an undeveloped page.)

CamGuys.org Sept 04, 2008

Your domain pre-dates his TM. As long as you were using the domain prior to June 11, 2009, I think you are in the clear.

pradaboy · 04-12-2010, 12:01 PM

Just ignore him, he has no basis for a case. He's just trying to intimidate you.

camchoice · 04-12-2010, 12:03 PM

I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC)
We own the domain camguys.org since 2008-09-04

I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard...

Matt 26z · 04-12-2010, 12:04 PM

I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

moeloubani · 04-12-2010, 12:05 PM

no one sends a blind copy to the lawyer, you want people to see that shit

BlackCrayon · 04-12-2010, 12:09 PM

probably bullshit. i've had many people email me claiming one of my domains is violating something or other, none ever went to anything legal.

Lilit · 04-12-2010, 12:09 PM

Quote:

Originally Posted by camchoice

I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC)
We own the domain camguys.org since 2008-09-04

I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard...

For some reason I really doubt it will go that far to court in this particular situation, but I'd do the same as you to feel secure

DateDoc · 04-12-2010, 12:09 PM

Quote:

Originally Posted by Matt 26z

I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

Yes, reply to him and get clarification on the domain name and that you were using yours before he owned his. I would not change the domain's content either.

Matt 26z · 04-12-2010, 12:11 PM

Quote:

Originally Posted by camchoice

he owns the domain camguys.com since 2009-07-19 ,

Interesting. His TM filing date was one month earlier. I'll bet he did threaten them into giving up camguys.com.

brassmonkey · 04-12-2010, 12:20 PM

jeez thats a mess

camchoice · 04-12-2010, 12:24 PM

Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers.

DateDoc · 04-12-2010, 12:26 PM

Quote:

Originally Posted by Matt 26z

Interesting. His TM filing date was one month earlier. I'll bet he did threaten them into giving up camguys.com.

The TM is for The Cam Guys which is the same as his old domain name.

HomeFry · 04-12-2010, 12:28 PM

Sell it to him for $50,000.00.

IllTestYourGirls · 04-12-2010, 12:28 PM

Quote:

Originally Posted by camchoice

Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers.

lmao

camchoice · 04-12-2010, 12:30 PM

Quote:

Originally Posted by woj

he is probably bluffing, I wouldn't worry about it till his lawyer contacts you...

The problem is that he is calling my hosting company, which are based in the US, it seems they can try to sue them for hosting the site..

So ridiculous

DateDoc · 04-12-2010, 12:32 PM

Quote:

Originally Posted by camchoice

The problem is that he is calling my hosting company, which are based in the US

Then tell him to fuck off. The way you are handling this is making you look guilty of what he is accusing you of even though you are not. Take a stand for what is yours.

camchoice · 04-12-2010, 12:35 PM

Quote:

Originally Posted by Matt 26z

I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

Done... thanks for that

camchoice · 04-12-2010, 12:38 PM

Quote:

Originally Posted by DateDoc

Then tell him to fuck off. The way you are handling this is making you look guilty of what he is accusing you of even though you are not. Take a stand for what is yours.

I'm taking a stand, I am not taking the site down just because someone threatens me.. No harm is done until I receive an official notification of his lawyer...

camchoice · 04-12-2010, 12:42 PM

Quote:

Originally Posted by HomeFry

Sell it to him for $50,000.00.

Maybe I should ask the same as the guy from camgirls.com

Considering that, price went up to 10k

camchoice · 04-12-2010, 12:44 PM

Quote:

Originally Posted by marketsmart

I emailed him back for you and told him to go fuck himself and you will see him in court...

Hopefully he will back down....

You're welcome..

.

Thanks for that, I couldn't do that. Mom told me not to curse

borked · 04-12-2010, 03:16 PM

Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?

Why didn't he just have his lawyer send out the letter and save all the guess-work?

Pics Traffic · 04-12-2010, 03:21 PM

This is interesting. Keep us posted how this goes. For not, it looks like your site is down.

gideongallery · 04-12-2010, 05:33 PM

hit me up if you get pushed to domain arbitration

spazlabz · 04-12-2010, 05:41 PM

Quote:

Originally Posted by borked

Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?

Why didn't he just have his lawyer send out the letter and save all the guess-work?

I would think that if you had;

1) a ligitimate claim
and
2) a Lawyer

why involve yourself in it? set your legal attack dogs on him and let them chew. sounds like he is trying to BS and bully to me

spaz

HandballJim · 04-12-2010, 05:50 PM

Quote:

Originally Posted by moeloubani

no one sends a blind copy to the lawyer, you want people to see that shit

I agree, usually a lawyer will send the email and also send a copy via post office. It sucks having trademark problems, but sometimes they are worth disputing. Not sure if a .org is worth the trouble.

DBS.US · 04-12-2010, 05:54 PM

We are forwarding this letter to our attorneys
If he was serious the letter would be from his attorney.

digitaldivas · 04-12-2010, 06:04 PM

Quote:

Originally Posted by marketsmart

I emailed him back for you and told him to go fuck himself and you will see him in court...

Hopefully he will back down....

You're welcome..

.

lmfao

CYF · 04-12-2010, 06:20 PM

Quote:

Originally Posted by camchoice

Maybe I should ask the same as the guy from camgirls.com

Considering that, price went up to 10k

don't offer to sell the domain to him

famous · 04-12-2010, 06:45 PM

yep if you offer to sell it it shows you are not serious about your domain. I would tell him to fuck off. He is just like every other keyboard warrior on the net with his imaginary lawyers.

lagcam · 04-12-2010, 07:07 PM

Quote:

Originally Posted by CYF

don't offer to sell the domain to him

Correct, that would not show you in a good light imo.

DBS.US · 04-12-2010, 07:32 PM

Did you have the domain before his trademark was filed?

Cyber Fucker · 04-12-2010, 07:37 PM

Those fuckers never give up with stealing someones domains... fuck them.

camchoice · 04-13-2010, 11:01 AM

Quote:

Originally Posted by DBS.US

Did you have the domain before his trademark was filed?

Yes I did

and that seems to be the clue...

Quote:

don't offer to sell the domain to him

That was just a joke. If he buys it he can collect it in person

Quote:

If he was serious the letter would be from his attorney.

That's true, looking at his sites thecamguys.com and others he does not seem to do very well financially. Second.. Why doesnt he have his site at camguys.com (which he owns) He redirects camguys.com to thecamguys.com.

Quote:

This is interesting. Keep us posted how this goes. For not, it looks like your site is down.

This guy was herassing my hosting all day long. So to get him of their backs I moved the site to my dutch servers. But something seems to be wrong with the dns change. Waiting for that to be solved . It was not taken down on purpose.

Quote:

Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?
Why didn't he just have his lawyer send out the letter and save all the guess-work?

Not a clue.. I guess this is his fetish

If he put as much effort on his sites as he does on this he would be more successfull and leave me the fuck alone

camchoice · 04-22-2010, 05:45 AM

Site is back up... From a different location.
And now we wait

Barefootsies · 04-22-2010, 05:56 AM

Quote:

Originally Posted by woj

he is probably bluffing, I wouldn't worry about it till his lawyer contacts you...

That depends on the issue.

In this case, it appears he may actually have a trademark on .com that can be verified. Otherwise, I would agree with you. A lot of times on the web people will claim they have trademark or copyright when they do not. So you are best to let the lawyers handle it and call the bluff.

But there are some circumstances where it's not worth the fight, and better to just roll over. I can't say something like ownership of a domain/site is one of those cases though. I would refer to a lawyer.

Barefootsies · 04-22-2010, 06:00 AM

Quote:

Originally Posted by famous

yep if you offer to sell it it shows you are not serious about your domain. I would tell him to fuck off. He is just like every other keyboard warrior on the net with his imaginary lawyers.

04-12-2010, 11:18 AM	#2
Wizzo 2011 GFY Hall of Fame! Industry Role: Join Date: Nov 2000 Location: Back in Texas! Posts: 15,224	You might want to talk to a lawyer, but looks like they might have a case on you, unless you bought and established the dot org before they did with the dot com. __________________ Looking for Opportunity!

04-12-2010, 11:19 AM	#3
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	The email makes no sense. He says he owns camguys.org which is your site? How can he own your site? __________________

04-12-2010, 11:25 AM	#7
DateDoc Outside looking in. Industry Role: Join Date: Feb 2005 Location: To Hell You Ride Posts: 14,243	email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site. __________________

04-12-2010, 11:32 AM	#8
lazycash Troll Patrol Industry Role: Join Date: Aug 2002 Location: Local Socal Posts: 15,214	It appears he owns camguys.com , if you go to the site and look at the very bottom you'll see this. "The Cam Guys" is a trademark of CamGuys.com __________________ "WTF, on google you can find the answer to every question in human history, EXCEPT how to convert cams.. Its crazy..." VenusBlogger

04-12-2010, 11:38 AM	#10
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	he is probably bluffing, I wouldn't worry about it till his lawyer contacts you... __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

04-12-2010, 11:35 AM	#9
Agent 488 Registered User Industry Role: Join Date: Feb 2006 Posts: 22,511	sounds retarded.

04-12-2010, 11:43 AM	#13
Fat Panda Porn is Dead. Move along. Industry Role: Join Date: Aug 2006 Posts: 13,295	you're fucked

04-12-2010, 11:50 AM	#14
marketsmart HOMICIDAL TROLL KILLER Industry Role: Join Date: Dec 2004 Location: Sunnybrook Institution for the Criminally Insane Posts: 20,419	I emailed him back for you and told him to go fuck himself and you will see him in court... Hopefully he will back down.... You're welcome.. .

04-12-2010, 11:56 AM	#15
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	If it were to go to WIPO you may lose on grounds that your domain is confusingly similar to his trademark. His TM is for "The Cam Guys" and one has to wonder if an application for "Cam Guys" was denied. Probably not, but it might be worth checking into. CamGuys.com May 23, 1997 (he appears to not be the original registrant... think he used his TM to take this domain?) TheCamGuys.com Nov 06, 2005 Filing date: June 11, 2009 Stated first use in commerce: Nov 06, 2005 (Dec 15, 2005 Archive.org shows an undeveloped page.) CamGuys.org Sept 04, 2008 Your domain pre-dates his TM. As long as you were using the domain prior to June 11, 2009, I think you are in the clear.

04-12-2010, 12:01 PM	#16
pradaboy sell me your banners Industry Role: Join Date: Dec 2003 Location: on the tubes Posts: 12,931	Just ignore him, he has no basis for a case. He's just trying to intimidate you. __________________ Media Buyer - Sell me your traffic! FREE to register domains... Better than 99% of the crap sold here!

04-12-2010, 12:03 PM	#17
camchoice Confirmed User Industry Role: Join Date: Dec 2003 Location: Netherlands Posts: 1,267	I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC) We own the domain camguys.org since 2008-09-04 I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard... __________________ Free Porn Webcams

04-12-2010, 12:04 PM	#18
Matt 26z So Fucking Banned Industry Role: Join Date: Apr 2002 Location: ¤ª"˜¨๑۩۞۩๑¨˜"ª¤ Posts: 18,481	I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

04-12-2010, 12:05 PM	#19
moeloubani Confirmed User Industry Role: Join Date: Dec 2007 Location: Ontario Posts: 4,235	no one sends a blind copy to the lawyer, you want people to see that shit

04-12-2010, 12:09 PM	#20
BlackCrayon Too lazy to set a custom title Join Date: Jun 2003 Location: Ottawa Posts: 19,631	probably bullshit. i've had many people email me claiming one of my domains is violating something or other, none ever went to anything legal. __________________ you don't know you're wearing a leash if you sit by the peg all day..

04-12-2010, 12:20 PM	#24
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 77,159	jeez thats a mess __________________ TRUMP 2025 KEKAW!!! - The Laken Riley Act Is Law! DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

04-12-2010, 12:24 PM	#25
camchoice Confirmed User Industry Role: Join Date: Dec 2003 Location: Netherlands Posts: 1,267	Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers. __________________ Free Porn Webcams

04-12-2010, 12:28 PM	#27
HomeFry Confirmed User Join Date: Jun 2006 Posts: 1,062	Sell it to him for $50,000.00.

04-12-2010, 03:16 PM	#35
borked Totally Borked Industry Role: Join Date: Feb 2005 Posts: 6,284	Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did? Why didn't he just have his lawyer send out the letter and save all the guess-work? __________________ For coding work - hit me up on andy // borkedcoder // com (consider figuring out the email as test #1) All models are wrong, but some are useful. George E.P. Box. p202

04-12-2010, 03:21 PM	#36
Pics Traffic Confirmed User Industry Role: Join Date: Jun 2004 Location: Europe Posts: 3,055	This is interesting. Keep us posted how this goes. For not, it looks like your site is down.

04-12-2010, 05:33 PM	#37
gideongallery Confirmed User Join Date: Aug 2003 Posts: 7,082	hit me up if you get pushed to domain arbitration __________________ “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

04-12-2010, 05:54 PM	#40
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,831	We are forwarding this letter to our attorneys If he was serious the letter would be from his attorney. __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

04-12-2010, 06:45 PM	#43
famous Confirmed User Join Date: May 2002 Posts: 674	yep if you offer to sell it it shows you are not serious about your domain. I would tell him to fuck off. He is just like every other keyboard warrior on the net with his imaginary lawyers.

04-12-2010, 07:32 PM	#45
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,831	Did you have the domain before his trademark was filed? __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

04-12-2010, 07:37 PM	#46
Cyber Fucker Hmm Industry Role: Join Date: Sep 2005 Location: On an endless road around the world for rock and roll. Posts: 12,642	Those fuckers never give up with stealing someones domains... fuck them. __________________

04-22-2010, 05:45 AM	#48
camchoice Confirmed User Industry Role: Join Date: Dec 2003 Location: Netherlands Posts: 1,267	Site is back up... From a different location. And now we wait __________________ Free Porn Webcams