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

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor Laura Kelly expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing it to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified against AB 3080, the California version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Phoenix Marie Sues Aylo, Danny D Over Incident on Digital Playground Set

Phoenix Marie has filed a lawsuit against Aylo, performer/producer Danny D and other defendants, alleging she has suffered defamation and damage to her career over a 2023 incident on a Digital Playground set in Spain.

New Premium Creator Platform 'Lemon Social' Launches

Premium creator platform Lemon Social has debuted.

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

2024 XBIZ Creator Awards Nominees Announced; Voting Now Live

XBIZ is pleased to announce the nominees for the 2024 XBIZ Creator Awards, presented by Fansly.

Adult Site Broker Talk's Bruce Friedman Reflects on Podcast Success

The 200th episode of “Adult Site Broker Talk” will air next week, with 2023 XBIZ Performer of the Year Cherie DeVille as the featured guest.

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

Show More