How are these websites able to exist?

[cryptical]

I'm sure some of you have downloaded a video from youtube, or used another website to loop a video. My question is: How are these websites able to exist?

First of all, many of those websites have a name like "youtube-mp3.extension". For example:

http://www.youtube-mp3.org
http://www.listentoyoutube.com/
http://www.youtubeloop.com/

Isn't that a trademark infringement to begin with? Surely Google has enough money to take those down. It would be different if these websites would just keep popping up, but many of them have existed for a long time.
Other than the name, I'm sure Google doesn't like the fact that people download videos from Youtube. Else they would've build that feature in anyway.

Can anyone explain this to me? Does Google just don't care or what? I can't imagine that. These websites aren't small either, they have quite a lot of traffic. Youtube-mp3.org has a global rank of 1,176 and a US rank of 995 according to Alexa.

 

[Kate]

A few must be sting operations

 

[cryptical]

Just got the tip to actually look those websites up in google search lol. Don't know why I didn't think of that.

Looks like Google is already threatening them.

 

[DU]

Because it's probably illegal to offer a service that converts streaming media to stored media. It may be illegal to use it in an infringing way.

They could go after the site via TM violation.

They could shut off the access of their servers to YouTube as a violation of their T&C but that's probably all.

The bottom line is also that Google wants to avoid getting too much legal emphasis on copyright laws and violations as their primary service is dependent on a lot of grey area. They could very well start a legal process that damages their own business model more than the protections they would receive. Safe harbor? Fair use? All are Google's friend.

 

[agento]

Some kind of cybercrime

 

[baseballworld]

some do and some companies don't even bother. depends on whats on the website and what it's being used for. like a tv show fan site probably wont even be bothered.

 

[enterscope]

You're actually allowed to use a trademark in your domain name or business name if the trademark is used to describe your services. For instance, if you repair Apple computers then you can legally make your business name "Apple Computer Repair" because there is no other way to describe what you repair. Since that one website youtube-mp3.org exists to convert Youtube videos to MP3 then that's probably why they have gotten away with it.

The one time Trademark infringement comes into play is when consumers might be misled into believing the company is actually Apple or the Trademark holders. That is why it's a good idea to have a disclaimer "This website is not affiliate with So and So"

 

[SK1990]

You're actually allowed to use a trademark in your domain name or business name if the trademark is used to describe your services. For instance, if you repair Apple computers then you can legally make your business name "Apple Computer Repair" because there is no other way to describe what you repair. Since that one website youtube-mp3.org exists to convert Youtube videos to MP3 then that's probably why they have gotten away with it.

The one time Trademark infringement comes into play is when consumers might be misled into believing the company is actually Apple or the Trademark holders. That is why it's a good idea to have a disclaimer "This website is not affiliate with So and So"

Wrong.

 

[Dave_Z]

For instance, if you repair Apple computers then you can legally make your business name "Apple Computer Repair" because there is no other way to describe what you repair.

As mentioned earlier, that's wrong because Apple is famously known in the context (hint) of computer-related stuff. If you strongly disagree with that, you can always give what you said a shot and maybe see how it goes.
Maybe you'll get away with it, maybe Apple will go after you. Not all drivers who beat speed limits get caught, but those that do...well...they knew what they were doing.

 

[DU]

As mentioned earlier, that's wrong because Apple is famously known in the context (hint) of computer-related stuff. If you strongly disagree with that, you can always give what you said a shot and maybe see how it goes.
Maybe you'll get away with it, maybe Apple will go after you. Not all drivers who beat speed limits get caught, but those that do...well...they knew what they were doing.

If its your core business you can. you cannot if your business is just pc repairs...if you specialize in Apple you can.

Nominative use is allowed at least according to the California Court of Appeals.

JB has a long post on this somewhere. The key is it has to be your main business and not confusing.

UDRP does not care about the courts, of course...

 

[Dave_Z]

If its your core business you can. you cannot if your business is just pc repairs...if you specialize in Apple you can.

Nominative use is allowed at least according to the California Court of Appeals.

JB has a long post on this somewhere. The key is it has to be your main business and not confusing.

To a point, though. Famous trademarks like Apple get the strongest protection precisely because of their fame, more so if used in a context arguably similar to theirs.

You can use Apple to sell maybe roofing services (if no one's doing that yet). Use Apple in the context of computer stuff, though, and you'll get a sample of people thinking you're the computer company because of the fame or popularity of Apple for computers.
If you're referring to the Toyota-Tabari case, the Tabaris never said they're Toyota (or Lexus) despite using the Lexus mark in their domain registration to promote their specific Lexus dealership. Heck, nominative or fair use is even fact-specific.

 

[DU]

To a point, though. Famous trademarks like Apple get the strongest protection precisely because of their fame, more so if used in a context arguably similar to theirs.

By definition, supporting their product puts you in a similar business.

You can use Apple to sell maybe roofing services (if no one's doing that yet). Use Apple in the context of computer stuff, though, and you'll get a sample of people thinking you're the computer company because of the fame or popularity of Apple for computers.

By definition, supporting their product puts you in a similar business. This is the definition of nominative use which the courts have stated is ok.

If you're referring to the Toyota-Tabari case, the Tabaris never said they're Toyota (or Lexus) despite using the Lexus mark in their domain registration to promote their specific Lexus dealership. Heck, nominative or fair use is even fact-specific.

Probably - it was buyalexus.com or something. They were brokers of Lexus - how else would they describe that? They buy and sell lexus' as part of their business.

BuyAnExpensiveVersionOfThatOtherJapaneseCar.com?

All of this is moot anyway because you'd be required to have a bone-fide business etc. etc. so it's outside of the realm of any of us.

I don't think any court would be willing to say that IFixAppleComputers.com is confusing with Apple.. though what I think a court would do and what a court actually does are two separate things. If you didn't fix Apple computers? Then you'd have a problem

 

[Dave_Z]

By definition, supporting their product puts you in a similar business. This is the definition of nominative use which the courts have stated is ok.

Hehe, this is rather going beyond what the OP is. But anywho, just to give some ideas for anyone else reading this.

At least in the U.S., here's how nominative use is essentially gauged:

[ame="http://en.wikipedia.org/wiki/Nominative_use"]Nominative use - Wikipedia, the free encyclopedia[/ame]

The nominative use test essentially states that one party may use or refer to the trademark of another if:

1. The product or service cannot be readily identified without using the trademark (e.g. trademark is descriptive of a person, place, or product attribute).
2. The user only uses as much of the mark as is necessary for the identification (e.g. the words but not the font or symbol).
3. The user does nothing to suggest sponsorship or endorsement by the trademark holder. This applies even if the nominative use is commercial, and the same test applies for metatags.

It's #3 that's tricky. If the trademark holder is able to show enough users nonetheless confuse the domain registrant with the former, then it won't matter how much the domain owner tries to disassociate themselves from the mark holder especially depending on their use or context.
Of course, that'll have to be tested in court to know for sure. I doubt anyone's that interested to find out, though, heh.

 

[aditd]

I'm sure some of you have downloaded a video from youtube, or used another website to loop a video. My question is: How are these websites able to exist?

First of all, many of those websites have a name like "youtube-mp3.extension". For example:

http://www.youtube-mp3.org
http://www.listentoyoutube.com/
http://www.youtubeloop.com/

Isn't that a trademark infringement to begin with? Surely Google has enough money to take those down. It would be different if these websites would just keep popping up, but many of them have existed for a long time.
Other than the name, I'm sure Google doesn't like the fact that people download videos from Youtube. Else they would've build that feature in anyway.

Can anyone explain this to me? Does Google just don't care or what? I can't imagine that. These websites aren't small either, they have quite a lot of traffic. Youtube-mp3.org has a global rank of 1,176 and a US rank of 995 according to Alexa.

I have a site called downloadyoutubemp3.com. I had no problem with Google. Sure I could have but the idea is like this: I think Google like to promote it's site ( Youtube ) rather then Vimeo. So if you don't do anything stupid then you probably won't have problems.
As revenue: ads.