DENVER—BluMedia Inc., a Colorado corporation that operates the Intense Cash affiliate program and adult websites that include BrokeStraightBoys.com and BrokeStraightGuys.com, has filed a trademark infringement lawsuit against SordidOnes BV (SOBV), DeeCash, TrippleXCash and other DBAs.
The lawsuit was filed April 1 in U.S. District Court in Colorado by BluMedia attorney Chad Belville, who told AVN that the current action stems from a previous trademark infringement lawsuit he filed last year against SOBV, before the program was sold to DeeCash.
Belville said that he had gotten all of SOBV’s websites locked by the registrar previous to the sale. DeeCash, he said, was unable to transfer the domains following the sale because of the registrar lock, and continues to operate them. It appears news of the sale had not been widely disseminated, but is now getting out, according to a recent GayDemon.com thread on which a DeeCash affiliate rep has been posting regularly.
Belville added that SOBV had evaded being served, and indicated that DeeCash had thus far declined to do anything about the pending suit. “I just filed a new lawsuit naming DeeCash and TripleXCash,” he told AVN.
In a post on the GayDemon thread, Belville wrote, "The domains are locked due to a pending lawsuit and the lock will not be released until the lawsuit is resolved."
According to the complaint, “DeeCash dba TripleXCash purchased the ongoing concerns of Sordid Ones BV, with full knowledge of Plaintiff’s previous claims … as all domains involved were subject to, and remain subject to, a 'registrar lock' which prevents transfer of title to the domains."
The complaint also accuses the defendants of "incorporating the terms 'broke straight boys' into its Search Engine Optimization efforts so that consumer searches for 'Broke Straight Boys' result in Defendant’s websites and misleading consumers," and lists many domains that it says were and still are being used "as part of a common scheme or plan to intentionally infringe upon Plaintiff’s trademarks."
A specific dollar number is not mentioned, but a jury trial is requested and demands are made for an immediate cessation by the defendants of the use of BluMedia trademarks, the transfer to BluMedia of all the domains listed in the complaint, damages to be determined at trial, enhanced damages and attorneys fees, plus costs and other miscellany.
AVN contacted DeeCash for comment but had not received a reply by the time this story was posted.
The BluMedia complaint can be accessed here.
