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.
