Lexus Sues Porn Web Site For Illegal Name Use !! (UPDATED)
05-10-06, 12:17 PM
#1
Super Moderator
Thread Starter
Lexus Sues **** Web Site For Illegal Name Use !! (UPDATED)
2006-05-09
By: Ken Knox
Posted: 5:14 pm PDT 5-9-2006
STERLING HEIGHTS, MICHIGAN - When Mario Mendoza, creator and webmaster of adult affiliate program LexusCash, received a letter from lawyers for Toyota Motor Sales U.S.A. Inc. threatening him with a lawsuit if he didn’t take the site down, he started laughing. “I thought it was a joke or something,” Mendoza tells AVNOnline.com. “That was the first time I had heard anything from them. I was kind of surprised.”
At it turns out, however, it was no joke. After Mendoza contacted Toyota’s attorney, Eric T. Fingerhut, a partner at Howrey L.L.P.’s Intellectual Property Group, he was told that the letter – which stated that the appropriation of the Lexus name for a pornographic site “dilutes the distinctive qualities of the famous mark LEXUS” – was, in fact, the real deal, and advised Mendoza to cease all use of the name and any similar names by April 10.
LexusCash is home to pornographic images of Mendoza’s girlfriend, 19-year-old Lexus. Although he admits that the moniker is a stage name (culled from relatives who share the name), Mendoza says he thinks it is unfair for Toyota to bully him into not using it.
“It just doesn’t make sense,” Mendoza says. “They tell me it’s a trademark infringement or something. We’re not even competing in the same area.
“It actually kind of offended me that they said I went and registered a name without their consent,” he continues. “On the Internet, you can’t get any domain if it’s already protected by law. It was actually through Yahoo that I got the domain. I don’t see how I could have done anything wrong.”
Mendoza says he plans to fight the lawsuit, and hopes that any press he can get will bring attention to his plight. “There’s no reason if I’m within my rights to give them what they want,” he declares. “I don’t know if they are just trying to scare me or what. But if nobody else knows about this, obviously [Toyota] is the one with more power.”
Representatives from Howrey declined to comment for the story, saying they “could not comment on pending matters.”
By: Ken Knox
Posted: 5:14 pm PDT 5-9-2006
STERLING HEIGHTS, MICHIGAN - When Mario Mendoza, creator and webmaster of adult affiliate program LexusCash, received a letter from lawyers for Toyota Motor Sales U.S.A. Inc. threatening him with a lawsuit if he didn’t take the site down, he started laughing. “I thought it was a joke or something,” Mendoza tells AVNOnline.com. “That was the first time I had heard anything from them. I was kind of surprised.”
At it turns out, however, it was no joke. After Mendoza contacted Toyota’s attorney, Eric T. Fingerhut, a partner at Howrey L.L.P.’s Intellectual Property Group, he was told that the letter – which stated that the appropriation of the Lexus name for a pornographic site “dilutes the distinctive qualities of the famous mark LEXUS” – was, in fact, the real deal, and advised Mendoza to cease all use of the name and any similar names by April 10.
LexusCash is home to pornographic images of Mendoza’s girlfriend, 19-year-old Lexus. Although he admits that the moniker is a stage name (culled from relatives who share the name), Mendoza says he thinks it is unfair for Toyota to bully him into not using it.
“It just doesn’t make sense,” Mendoza says. “They tell me it’s a trademark infringement or something. We’re not even competing in the same area.
“It actually kind of offended me that they said I went and registered a name without their consent,” he continues. “On the Internet, you can’t get any domain if it’s already protected by law. It was actually through Yahoo that I got the domain. I don’t see how I could have done anything wrong.”
Mendoza says he plans to fight the lawsuit, and hopes that any press he can get will bring attention to his plight. “There’s no reason if I’m within my rights to give them what they want,” he declares. “I don’t know if they are just trying to scare me or what. But if nobody else knows about this, obviously [Toyota] is the one with more power.”
Representatives from Howrey declined to comment for the story, saying they “could not comment on pending matters.”
05-10-06, 01:24 PM
#6
Lexus Test Driver
Originally Posted by GS4DOUGIE
<-----[feverishly typing] 
only to find out that their server is about to crash 'cause of all the curious CL members wanna look-
Doug
only to find out that their server is about to crash 'cause of all the curious CL members wanna look-
Doug
Trending Topics
05-10-06, 03:18 PM
#9
Lexus Champion
As sad as it sounds, this guy will probably lose the case in court. Corporations have a lot of
power when it comes to their brand/trademark.
Have you heard about the guy who owns nissan.com? That's actually his last name and
he has a business under it. Nissan Motor Corp. tried to bully him into handing over the
name too! Ridiculous!
Also, Mini applied the lawyer smackdown on a lot of Mini enthusiast web sites with
anything that has "mini" in the title.
There are tons of cases where corporations are crying brand dillusion and trademark
infringement when owners are creating websites with just about anything that contains
the companys' names.
To hell with free speech they say. Corporations can still bully the average joe in court.
power when it comes to their brand/trademark.
Have you heard about the guy who owns nissan.com? That's actually his last name and
he has a business under it. Nissan Motor Corp. tried to bully him into handing over the
name too! Ridiculous!
Also, Mini applied the lawyer smackdown on a lot of Mini enthusiast web sites with
anything that has "mini" in the title.
There are tons of cases where corporations are crying brand dillusion and trademark
infringement when owners are creating websites with just about anything that contains
the companys' names.
To hell with free speech they say. Corporations can still bully the average joe in court.
05-10-06, 03:58 PM
#11
Pole Position
Join Date: Jan 2006
Location: GA
Posts: 340
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by bruce van
As sad as it sounds, this guy will probably lose the case in court. Corporations have a lot of
power when it comes to their brand/trademark.
Have you heard about the guy who owns nissan.com? That's actually his last name and
he has a business under it. Nissan Motor Corp. tried to bully him into handing over the
name too! Ridiculous!
Also, Mini applied the lawyer smackdown on a lot of Mini enthusiast web sites with
anything that has "mini" in the title.
There are tons of cases where corporations are crying brand dillusion and trademark
infringement when owners are creating websites with just about anything that contains
the companys' names.
To hell with free speech they say. Corporations can still bully the average joe in court.
power when it comes to their brand/trademark.
Have you heard about the guy who owns nissan.com? That's actually his last name and
he has a business under it. Nissan Motor Corp. tried to bully him into handing over the
name too! Ridiculous!
Also, Mini applied the lawyer smackdown on a lot of Mini enthusiast web sites with
anything that has "mini" in the title.
There are tons of cases where corporations are crying brand dillusion and trademark
infringement when owners are creating websites with just about anything that contains
the companys' names.
To hell with free speech they say. Corporations can still bully the average joe in court.
05-10-06, 09:41 PM
#12
Lexus Champion
kind of doesn't surprise me that they would do that... and i do agree with the people saying he is waisting his time. although, he is no doubt trying to milk this free publicity and gain public support, then when he loses and has to change his name he'll have so much traffic it's going to benefit him just fine.
p.s. she's a
p.s. she's a
05-11-06, 12:26 AM
#14
Maybe this is a bit out of left field, but does anyone think they (Toyota/Lexus) are doing this now to shine the spot light away from their own sexually related legal issues? It seems so coincidental...
05-11-06, 01:13 AM
#15
Originally Posted by 92 SC400
Maybe this is a bit out of left field, but does anyone think they (Toyota/Lexus) are doing this now to shine the spot light away from their own sexually related legal issues? It seems so coincidental...