Default Judgment Looms in Porn SEO Case
DENVER — A federal magistrate judge soon will decide on the disposition of IntenseCash's motion for default judgment in a trademark infringement suit over the use of the search term “broke straight boys” by a competitor.
IntenseCash, which operates BrokeStraightBoys.com and BrokeStraightGuys.com, filed the infringement suit earlier this year, claiming that the operators of DeeCash (the new owner of Sordid Ones), through BrokeAssBoys.com and other sites, incorporated the trademarked term into its search engine optimization efforts in a scheme to poach prospective gay porn surfers.
IntenseCash's parent, Colorado-based BluMedia Inc., in a default motion to the court, said that they've served defendants in the case, including officers at DeeCash and affiliated units TripleXCash and GayGravy, as well as their attorney, Matt Collins.
But the defendants haven't answer or file any responsive pleading to the complaint, which seeks unspecified damages and an injunction, as well as the transfer of BrokeAssBoys.com, RealBrokeBoys.com, BoysLickAss.com, BearsFuckBoys.com and about 90 other DeeCash-owned domains.
"There are a lot of domains named in the suit and unless someone comes forward to defend them, those domains will be taken," attorney Chad Belville, who represents IntenseCash, told XBIZ.
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.
U.S. District Judge Richard P. Matsch last week ordered the case's disposition on the motion for default judgment be sent to Magistrate U.S. Judge Boyd N. Boland at Denver federal court.
DeeCash officials weren't able to be reached for comment at post time.