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YOUTUBE ⢠issue?
- Thread starter MyFuture
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Tube is an old slang for television.
However, if YouTube decides that your domains create an impression in people's minds that they're somehow related to YouTube you'll have some legal issues to deal with.
I could be wrong. But why chance it? Be different.
However, if YouTube decides that your domains create an impression in people's minds that they're somehow related to YouTube you'll have some legal issues to deal with.
I could be wrong. But why chance it? Be different.
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It all depends on how you use the names. If you dont have youtube's concent to have youtube related content on your landing page, parking page or website, then there is a possibility you will incounter legal problems. If you are going for an award based website for the best youtube videos, I suggest running it by youtube if you believe it will be a popular site.
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101%. 'Tube' has been used in UK for broadcasting since the invention of the cathode ray tube.
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The tube sock, boob tube ( my fav ) and tube steaks are common phrases.
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Be wary of free legal advice on forums!!
My guess is you will have problems if you are in ANY way connected to YOUTUBE.
YOUTUBE is not going to carve out a protected fiefdom for you just because you send them an email. They will probably come after the domains with a UDRP --or sue you under the Lanham Act.
What you need to do is to create your own legitimate use. If you can't do that without YOUTUBE, my suggestion is to move along to your next project.
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A very good point has been made by Hal. I doubt it Youtube would let you escape with it should you try to benefit in anyway from their name. But if the business in question is different from theirs, then you are safe.
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I have to agree with Daddy... you get what you pay for, and if you want free advice, sometimes you may have overpaid....
I have noticed many people trying to answer posts around here with thier "yes" or "no" answers without supporting thier position. And many times they are inaccurate. Almost all the answers around here should be "depends", there are many factors involved here, not just the name itself. That is only one portion of the equation.
To correct way to answer this is to ask how will it be used? Will the poster be incorporating "youtube" into the site? Does the poster have a site in mind which the name reflects the content involved? Does the poster what to profit from the domain by somehow relating the site to youtube? So without knowing these answers, no one can say "yes" or "no". But by judging how the quesiton was aksed, I have a feeling I know the answers to these questions.
Now... if you were asking, is tubeawards confusingly similar to youtube just based on the name alone, it could go either way. UASGE USAGE UASGE...
While I do beleive that 99% of all infringing domains registered by domainers are in bad faith, there is the 1% that actually wants to use it for good. It is a matter of sorting the 1% out.
I have noticed many people trying to answer posts around here with thier "yes" or "no" answers without supporting thier position. And many times they are inaccurate. Almost all the answers around here should be "depends", there are many factors involved here, not just the name itself. That is only one portion of the equation.
To correct way to answer this is to ask how will it be used? Will the poster be incorporating "youtube" into the site? Does the poster have a site in mind which the name reflects the content involved? Does the poster what to profit from the domain by somehow relating the site to youtube? So without knowing these answers, no one can say "yes" or "no". But by judging how the quesiton was aksed, I have a feeling I know the answers to these questions.
Now... if you were asking, is tubeawards confusingly similar to youtube just based on the name alone, it could go either way. UASGE USAGE UASGE...
While I do beleive that 99% of all infringing domains registered by domainers are in bad faith, there is the 1% that actually wants to use it for good. It is a matter of sorting the 1% out.
Everyone should read at least 100 UDRP cases. That will help with the understanding of trademark law concerning domain names. As domain names they are fine, however, you can infringe on someone's trademark with any domain name, if the site has infringing content. They may not have a right to the name, but the content could create the problems.
Napster would be an example of content that once infringed, but the name itself was fine. Because Tube has so many other uses it helps your case; however, it would be interesting to see the legal decision of you had a site where you rated videos without mentioning You Tube.
That could actually go either way, depending on if the decider of fact believes that Tube is associated with Videos so much that it overwhelms the general usage of the term and creates confusion to the user. There are numerous levels to this, so do your research. For a small site you should understand the difference between real risk and practical risk.
Napster would be an example of content that once infringed, but the name itself was fine. Because Tube has so many other uses it helps your case; however, it would be interesting to see the legal decision of you had a site where you rated videos without mentioning You Tube.
That could actually go either way, depending on if the decider of fact believes that Tube is associated with Videos so much that it overwhelms the general usage of the term and creates confusion to the user. There are numerous levels to this, so do your research. For a small site you should understand the difference between real risk and practical risk.
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What a useless post. Why anyone would consider taking someone's advice who doesn't post more than 5 words is far beyond me.
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