DENVER — Media Revenue has jumped into the search engine optimization trademark infringement suit waged by IntenseCash, saying it owns some of the 90 domains that are at center of litigation.
IntenseCash, which operates BrokeStraightBoys.com and BrokeStraightGuys.com, filed the infringement suit last year, claiming that the operators of DeeCash (purchaser of Sordid Ones), 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.
Now, attorneys for Media Revenue — an operator a string of tube sites, affiliate programs and traffic networks and markets processing tools for adult operators, as well as website hosting and web design — has asked a federal judge to intervene, claiming it owns "a good number of the listed domains."
Last month, 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, as well as their attorney, Matt Collins, without any responses.
With a federal magistrate judge ready to hear that motion, Media Revenue, through its attorney, filed its own motion to intervene in the case "to file an answer and potential counterclaim" largely because the defendants named in the suit don't have the capacity to adequately represent its interests.
"Media Revenue moves to intervene in this lawsuit to protect its interest in the its domain names by asserting a defense and counterclaim that [IntenseCash's] allegations are unfounded," the motion to intervene said.
Media Revenue attorneys 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." (At post time, it wasn't determined how many domain names in the complaint Media Revenue owns.)
"The only element that these domains have in common is the adult nature of the content and the attendant demographic," the motion said. "The domain names show no manifest intent to confuse the public, nor is there sufficient similarity to indicate any marketplace confusion."
Shortly after Media Revenue's motion to intervene was filed, attorney Chad Belville, who represents BluMedia and its IntenseCash division, 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 response said. "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 late Friday that Media Revenue apparently "purchased the [DeeCash] program without realizing all the domains were subject to a registrar lock, so the domains have never been transferred."
"[IntenseCash] will continue to pursue its claims and [let] the court figure out who really owns what," he said.
In the original suit, the defendants were alleged to have created a "tangled web of interacting web domains that contribute to intentionally confusing the consumer who relates defendant’s websites with [IntenseCash's] product."
IntenseCash, in the motion for default judgment, said 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.
A federal judge has yet to rule on the default motion and motion to intervene, as well as IntenseCash's motion to amend the complaint to add Media Revenue.
Media Revenue attorney Thomas Sadaka was unavailable for XBIZ comment at post time.
