Copyright Question

[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.