Losing "sounds like" domain names?

[smallpc]

If you register a domain name that sounds like an established domain name, are you likely to lose it to trademark issues? For instance, if I register "yootube.com", would I most likely lose it?

*yootube.com is already registered but it's just an example.

 

[Archangel]

If you register a domain name that sounds like an established domain name, are you likely to lose it to trademark issues? For instance, if I register "yootube.com", would I most likely lose it?

*yootube.com is already registered but it's just an example.

Unless you show a legit use for it, then yes, you'll receive a C & D and lose the domain. Even then, the positives don't outweigh the risks. Mods, this should be moved to the Legal thread so it can be better addressed.

 

[accent]

I agree with the above, but lets flip the perspective.

Say (extreme example) your last name is Yoo. You develop a great new tube for toothpaste. You should have little problem calling it the Yootube.

There is Apple Computers. There is Apple Records. People out where I live grow these red things on trees. All are different markets, not likely to cause customer confusion. --- Although when Apple Computers started making music players I heard there were issues.

But, last analysis, Anyone can sue about anything and it is a PITA to deal with regardless of who wins. Better to stay away, if you can.

 

[Keynes]

Say (extreme example) your last name is Yoo. You develop a great new tube for toothpaste. You should have little problem calling it the Yootube.

This is not entirely accurate, the potential confusion of the name will likely lead to a WIPO decision in favour of YouTube in these types of cases due to the potential confusion caused.

There is Apple Computers. There is Apple Records. People out where I live grow these red things on trees.

This is true of course: neither does Microsoft have the ability to shut down every Home Windows store, but this is where you have to consider a holistic evaluation: potential consumer confusion, use of domain, risk of using a certain brand name, etc.

In short, taking into account the risk of losing a domain should make the answer clear: if you really want to develop a site or product, make sure you have clear rights to use the domain, lest your hard work be wasted.