Saturday, November 14, 2009

I registered youtubeclassic.com lastnight and found out that Youtube.com is being sued by Utube.com?

What should I do? Because they are both at war over domain usage, neither of them can sue me right? One would have to prove that I was infringing on their rights. Youtube, Utube, Youtubeclassic. One is a video site, another is a pipe manufacturer but I'm unsure of what I will do with mine with the sudden news.

I registered youtubeclassic.com lastnight and found out that Youtube.com is being sued by Utube.com?
What do you mean "neither of them can sue me" - they can BOTH sue you!!





Most likely, you (and anyone else opening a "similar" website) will get dragged into one large, ugly CLASS ACTION suit. And there will be ONLY one winner - and most likely, it will be one of those two.





Anyone else standing in the winner's way will be crushed - with the law on THEIR side, they will take out ALL of the other competitors...
Reply:Not familiar with that suit, but it sounds groundless, trademarks are only protected from use by similar businesses selling similar products. For instance, if I made lollipops under the trademark 'SuperSucker' and you came out with a vacuum cleaner called 'SuperSucker', I'd have no suit, you'd be free to use the name for your vacuum, because they are different types of products.





That said, YouTube could probably take your domain if they wanted to, particularly if you were to try to compete with them, by virtue of ICANN's uniform dispute resolution policy (which favors trademark holders over copycats and bandwagon jumpers.) But I doubt it will happen, if they wanted that name, they'd already have it.


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