Question looking for answers

[aliengg]

If you registered a, let's say .eu, domain with a name identical to a trademark, and you trademark the domain through the registrar, will that cause any infringement?

Take a look at the whois of YouTube.mobi.

 

[Dave_Z]

Domain names don't bestow IP rights via registration, if that's what you mean.

 

[aliengg]

Thx for your reply. Please take a look at this. Since he registered YouTube as a trademark in China, YouTube/Google can't sue the owner of YouTube.mobi for infringement, correct? All I know is, this guy's gonna get rich...

Domain ID:D97971-MOBI
Domain Name:YOUTUBE.MOBI
Created On:19-Sep-2006 04:44:58 UTC
Last Updated On:18-Nov-2006 05:05:14 UTC
Expiration Date:19-Sep-2008 04:44:58 UTC
Trademark Name:youtube
Trademark Country:CN
Trademark Number:20738014
Date Trademark Applied For:2000-01-01
Date Trademark Registered:2002-03-05
Sponsoring Registrar:HiChina Web Solutions (Hong Kong) Limited (420)
Created by Registrar:HiChina Web Solutions (Hong Kong) Limited (420)
Last Updated by Registrar:HiChina Web Solutions (Hong Kong) Limited (420)

 

[Dave_Z]

Since he registered YouTube as a trademark in China, YouTube/Google can't sue the owner of YouTube.mobi for infringement, correct?

But of course Google/YouTube can sue him. Anyone can sue for anything.

They can also opt for .mobi's dispute resolution policies, too.

 

[aliengg]

Sorry for the confusion. I really meant that if the odds that YouTube/Google will take over YouTube.mobi will dramatically decrease, like 90% losing it.
I know that Google sued the owner of Google.cn before, but Google lost it, and ended up paying him $1m for the name.
How come Google, who's so ambitious about their domains, keeps getting late? e.g., GoogleCheckout.com.
Don't they just register the domain before the news went public? Or they want some free/cheap exposure as to attract some eyeballs on their lawsuits?

 

[Ronald Regging]

In the case with YouTube.mobi.. According to the TM in the whois (dont know how valid that is), there was a TM in China for YouTube long before YouTube.com ever existed. So assuming that's the case, they'd have every right to use the .mobi because they're TM was first.

Otherwise, they would have no rights.