Is Twistys trademarked? If so.....
 

http://www.twistysdownload.com/

May want your lawyers to jump on this.

heh...i've seen that all over the place as well, on google alot.

Site doesn't relate to Twistys though?

That doesn't matter though does it?

Given the nature of the site I don't think Shap will have too hard of a time taking it down.

Thanks man. They've been on these guys. The nature of their site has slowed down the process. My understanding is that the fact they are non adult complicates things.

http://www.twistysdownload.com/movie...porn-2009.html :D

Shap whats the point.. its funny how people get a big ego..

This guy is NOT AFFECTING your income in any way shape or form.

If you shut him down tomorrow, u will still make the same # of sales..

If someone has a site and is directly affecting your $$, shut him down, but otherwise let him be

fuck humans suck

If i decide to register twistyscars.com and post pics of cars with the images edited/twisted, would that affect ur income? No..

stop being a power hungry SOB

Oh, damn.

Adult or non, you own the trademark, and they are using your trademark to engage in illegal activities. Thought that would be a clean cut case.

Of course I am no lawyer though.

Good luck with it Shap. I bet it is a never ending battle going after sites like this.

Maybe it is bookmarked.

Sorry xxweekxx but I'm running a business a business that I've spent millions building up. You think that site would be called Twistys Download if I never started Twistys?

i hear ya man, just saying why waste ur money and time chasing this crap.. if you spend say $5,000 to shut him down, that doesnt directly translate to $5k more in sales for u

basically just choose your battles wisely.. if i had a trademark id go after only those affecting my sales, shut him down tomorrow and ur sales dont go up..

even big companies like google, facebook, etc only go after some sites with their trademark, i can pull up 100 sites that have youtube, facebook as part of their domain but are still running..

people and their trademarks.lol

It's more complicated than that. To my understanding If I don't go after him (after I've been made aware of what he's up to) then someone could claim I didn't enforce my trademark with this guy therefore my trademark should be void.

http://tess2.uspto.gov/bin/showfield...h=Submit+Query

Education starts here >http://www.uspto.gov/trademarks/basics/index.jsp

how come trademarks registered in USA apply worldwide?

what if the guy is not from usa

Is he doing business in the US?

If you get the domain from this guy (his Alexa rating shows it is as big as Twistys.com) you would have doubled your traffic overnight.

More good reading > http://en.wikipedia.org/wiki/Trademark_dilution

where is the infringement, the actual infringement.

make him a deal he can't refush :winkwink:

More good reading > STARBUCKS CORPORATION v. WOLFE BOROUGH COFFEE INC
http://caselaw.findlaw.com/us-2nd-circuit/1498342.html

thats it right there...

Though i sympathize with the point trying to be made... Shap has a legal obligation to do this. If you want to protect something trademarked you cant be picky choosey...

This has nothing to do with power, but it has everything to do with the brand and protecting that brand.

If your last name was SONY for example and you wanted to open up a restaurant called SONY'S Steak house, SONY would be all over you and have you shut down before you sold your first meal. Of course there's no connection between electronics and food, but thats not the point. It's branding and brand recognition that is the point. If Twistys becomes a super-big name in the future, "Twistysdownloads.com" SOUNDS like they are a related site, and would gain the trust of consumers based on the name that Twistys themselves are spending money to build.

Twistys should send Twistysdownload.com a friendly email letting them know of potential trademark infringement and ask them to change their name otherwise risk potential lengthly and costly legal battles in the future.

More good reading > http://www.nissan.com/Lawsuit/The_Story.php

Twistys is not, and will never be on same league as sony, panasonic, microsoft, google, etc.. u are telling me twistysdownload is hurting shaps "BRAND" recognition. lmao some of you guys are funny

You seem funny as well, if it was your brand, what would you do? as Deej said

Nothing to do with being a power hungry sob, all with brand protection :2 cents:

Mind your own, man...

We don't go after anyone using "Homegrown" to describe anything non-adult, nor can we, but lo and woe to those that attempt to use it in any sort of adult context. That is when we can and do unleash the dogs of war.

Now those dogs come out very friendly at first - a sniff here and there - a cautious approach. Better to throw a bone and see if the infringer is willing to play and throw it back by becoming an ally and affiliate than the bloody alternative, sending in the big dogs that like to rip people apart in legal hassle.

Seems pretty clear cut to me that this could easily be miscontrued in a consumer's mind and Twisty's has every right to come down on them.

You're 100% added to my shit list you little beeeeeeetch.

http://www.broadcastingcable.com/pho...itchingTop.jpg

now i am going to find out problems with the company in your sig and post about it non stop. :thumbsup

DO NOT HELP THAT SHAP. please people. we know what he is about.

You got to be fucking kidding me. stop supporting people with terrorist business policies. i hope your google listings are stuffed asshole.

MetaMan is just a little defensive because i think he owns cocacolatube and kentuckyfriedchickenbucks...

All fun and games, lets have some fun then. sounds good.

i cannot stand snitches like yourself. good for you man. at least we know what you are about.

i like games also. more fun right? lets have some fun.

Super Mario do you own the site?

I am about suing the fuck out of people that try to steal my marks. I have been doing it for years.

We also pay webmasters weekly and have been doing so for over 400+ weeks.

:)

I cannot wait until regulation drops so your shitty business goes along with it.

All you douch bags have is lawyers with no skills.

well your lawyers do. but not yourself. at least you have been losing money over the years.

You can't say it like that.

I got craploads of friends who have no idea who Twistys is eventhough they've been surfing the internet for many years. Let's say one of them got a Twisty nickname in real life and decides to use it one a site which is not related to your site. That's not because he wants to be an asshole. He simply just don't know your site.

I don't know who runs the download site mentioned in this thread though!

It also depends on the nature of the business, a trademark only protect you within the area where it's registered.

If your trademark included "digital downloads" you have a clear case, if your trademark say "adult / erotic / xxx entertainment" it's more difficult as it doesn't compete with "illegal activity", however you probably have a good shot as they are involved in illegal activity.

Since they are not in the porn industry there is probably no valid case.

Example of a similar situation:

http://www.mcdonaldsfurniture.com/

If McDonalds (the fast food chain) could take out sites like this, they would. The fact that they are in a different business will protect them.

Nissan computer (nissan.com) is another popular example, although they definitely put him through the ringer trying to take it from him, but ended up having to pay his costs.

Now they are trying to obtain a trademark relating to computers so they can take it from him.

I never checked the site out fully, but if they are offering porn on it anywhere, then you should be able to take it from them easily.

Unique Visitors 53 685 613 - 69.33%

for less than 3 yrs!!!!

that is 50k per day

No matter the outcome, lawyers win. :2 cents: