Magistrate Judge Recommends IntenseCash Be Awarded $2.3M
DENVER — A federal magistrate judge has recommended that gay affiliate program IntenseCash be awarded $2.3 million and handed a restraining order against Sordid Ones BV and DeeCash after its operators failed to respond to a lawsuit over trademark infringement.
U.S. Magistrate Judge Boyd Boland, after a two-hour hearing in late October over IntenseCash's motion for default judgment, ruled last month that unrebutted allegations against Sordid Ones and DeeCash establish that its operators "engaged in conduct that infringed on trademarks for IntenseCash's BrokeStraightBoys.com and BrokeStraightGuys.com.”
IntenseCash parent BluMedia, in an amended suit in early 2012, claimed that Sordid Ones incorporated those trademarked terms into their SEO efforts in a scheme to poach prospective gay porn surfers. DeeCash, according to court documents, acquired more than 90 of Sordid Ones' websites prior to the filing.
Boland said IntenseCash suffered economic damages of $2,259,583 in lost revenues as a result of the alleged infringement.
He also agreed with IntenseCash's counsel, Chad Belville, that absent an injunction the defendants would continue to use deceptively similar marks. Boland enjoined DeeCash and Sordid Ones employees and officers from participating in schemes to deceptively use similar names and domains of "RealBrokeBoys" and "BrokeAssBoys" or otherwise infringing on the words “broke straight boys” and the domains and phrases "BrokeStraightBoys.com" and "BrokeStraightGuys.com."
IntenseCash, in a motion for default judgment, said that it has spent more than $250,000 in purchasing Google Adwords search terms and that it previously won four arbitration decisions involving alleged intellectual property theft.
The list of domain names alleged in the suit to have used the search term “broke straight boys” included 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.
Boland's recommendation on the motion for default, restraining order and monetary award will be forwarded to a federal judge for a final determination, according to Belville.