Media Revenue's Involvement in SEO Suit to Be Weighed

DENVER — A federal magistrate judge on Friday was assigned to determine pretrial matters in the DeeCash search engine optimization trademark infringement suit waged by IntenseCash.

One of the issues to be decided in hearings before U.S. Magistrate Judge Boyd Boland is the status of Media Revenue, which jumped into the suit in January, saying it owns some of the 90 domains that are at center of litigation.

Media Revenue told the court at the time that it requested to be an intervenor in the case, claiming it owns "a good number of the listed domains."

IntenseCash, which operates BrokeStraightBoys.com and BrokeStraightGuys.com, filed the infringement suit in April 2011, claiming that the operators of DeeCash, through BrokeAssBoys.com and other sites, incorporated the trademarked term “broke straight boys” into its SEO efforts in a scheme to poach prospective gay porn surfers.

In November, IntenseCash's parent, Colorado-based BluMedia Inc., filed a default motion to the court, saying they've served defendants in the case, including officers at DeeCash and affiliated units TripleXCash and GayGravy without any responses.

One month later in December, Media Revenue — an operator a string of tube sites, affiliate programs and traffic networks — filed its own motion to intervene in the case "to file an answer and potential counterclaim."

In court filings, Media Revenue claims that "even a cursory review of the diverse domain names included in the complaint will reveal a total dissimilarity between listed names and IntenseCash's mark."

Attorney Chad Belville, who represents parent company BluMedia and its IntenseCash division, later filed a response asking the court to add Media Revenue as a defendant.

Belville noted in his response that when IntenseCash filed the original complaint, Media Revenue was not a registered owner of any of the names.  

"Media Revenue does not state in its motion to intervene just  when it acquired ownership of the domains and domain names, but an email  discovered by plaintiff,  purportedly from defendants, claims a sale took place before March 15, 2011," Belville's said in earlier court papers. "If Media Revenue did in fact acquire the defendant business prior to March 15, 2011 and could not take title to the domain names, then waiting until December 2011 to file an  appearance in this case is not timely and the delay should be explained by Media Revenue."

Belville told XBIZ that the court will have to "sift through this case and decide what role Media Revenue is going to play."

"Media Revenue petitioned the court to intervene in this case," Belville said. "It appears that Media Revenue purchased the Gay Gravy program, so Media Revenue should be a defendant in this case, not an intervenor.

"If they bought the program, they bought the problems they knew or should have known about it!"

IntenseCash claims that it has spent more than $250,000 in purchasing Google Adwords search terms and that it has been the victor in four arbitration decisions involving alleged intellectual property theft that allowed the company to transfer domains in their own name.

The list of domain names alleged in the suit to have used the search term “broke straight boys” include the following: BearsFuckBoys.com, PridePornPass.com, 15Tops1Bottom.com, MallTwinks.com, RealMaleSexScandals.com, ExposedBoyfriends.com, ThugsonWhiteBoys.com, POVBoys.com, BrokeAssBoys.com, MyTeacherTaughtMe.com, DadsFuckBoys.com, AsianBoysInPain.com, StraightFuckFest.com, CreamFilledTwinks.com, CoverHisFace.com, TwinkPopstars.com, RealHardBarebacking.com, TwinkStakeItBig.com,  TwinksInPain.com, StraightInternal.com, PantyAssBoys.com,  StraightCumSwap.com, BrazilBus.com, BrazilBlow.com, PrideVault.com, StudPay.com, PrideMov.com, TwinkMov.com, GayDownloadKey.com, BiArchive.com, ShemaleTitan.com, DarkBeef.com, LeatherBang.com, DirtyThirtyClub.com, StraightGroupSex.com, TwinkStakeBigCock.com, BadBoyPass.com, RealTwinkBoyfriends.com, LickingBoys.com, TwinkFuckFest.com, TwinksFilledWithCum.com, StretchHisAss.com, CumToMyMouth.com, Harry-Forman.com, ToonGuys.com, ChilloutBoys.com, CumInToMyAss.com, QSolo.com, PopBoys.com, TrannyBoss.com, AllTrannyPass.com, ExtremeTrannyPass.com, TrannyModelPass.com, BangedbyTrannies.com, SuperStarTrannies.com, 18YearOldLadyboys.com, CumCoveredLadyboys.com, LadyboysGetFucked.com, RealTrannyPickups.com, MyTrannyGF.com, YoungAsianTrannies.com, ShemaleChamps.com, ShemaleGulpers.com, 18YearOldTrannies.com,  TrannyOffice.com, TrannyAssAssault.com, CreamFilledShemales.com, ShemaleJobs.com, PeeOneShemales.com, ShemalesGetFisted.com, RubysRod.com, LilPaloma.com, TrannySource.com, GayGravy.com and others.

IntenseCash seeks unspecified actual and punitive damages, as well as "corrective advertising necessary to alleviate any existing or lingering confusion" over the allegations.

The suit also seeks the transfer of the domain names.

Media Revenue attorney Thomas Sadaka did not immediately respond to XBIZ for comment over the case.

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Niki Media Acquires BritSexCash

Production studio Niki Media BV has acquired affiliate program BritSexCash.

FSC Warns of Nude Photography Site Falsely Claiming Affiliation With Organization

Free Speech Coalition (FSC) published a statement Friday warning of a nude art photography website fraudulently claiming to be associated with the industry trade organization.

MojoHost Reaffirms Commitment to Adult Industry Amid Project 2025 Implications

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Show More