UTube.com sues YouTube.com

[Traveler]

Here is the link.

http://news.bbc.co.uk/2/hi/business/6108502.stm

 

[Redleg]

Good luck.. :p

Someone should sue Utube.com for being stooopid and not realizing they're sitting on a potential goldmine there... :imho:

 

[RJ]

Lame. I can't see how YouTube would be responsible for dummies that mistype their web address.

Utube already knows they're sitting on a gold mine. They've been trying to sell the domain for $7.5mil for a little while now, but I guess since Google (the only logical buyer) didn't bite they're trying another method.

RJ

 

[briman1970]

Either a publicity stunt or they are trying to push Google's buttons to make them play ball. They don't know Google very well if it's the latter.

Either way they are showing how greed brings out the worst in people. :td:

 

[namanimal]

in this case, utube.com is a domainers wet dream! they should just shut up, shut down their site, and put up adsense and call it a day!

 

[therockerz]

"It says it wants YouTube to stop operating or alternatively pay for it to create a new web domain. "

-Is it tht 7.00$ they want?? to create tht new domain???

 

[CrazyTech]

It sounds to me like someone is trying very hard to push some buttons.

 

[Isaac1]

What a moron. Park it, or put some AdSense on the website.

 

[Broker]

Google is probably behind the whole thing, great marketing idea A? :hehe:

 

[Kate]

Lame. Could someone explain why silly lawsuits like that always take place in America ?
This is a good candidate for the Stella Awards :notme:

 

[DNQuest.com]

in this case, utube.com is a domainers wet dream! they should just shut up, shut down their site, and put up adsense and call it a day!

OK, First of all, utube.com is owned by Universal Tube & Rollform Equipment. It is a very big company raking in the multimillions. It is not owned by some little domainer.. This is a company that built up it's presence using utube.com.

But ask yourself this, what if you were in that position where you could be losing millions of dollars because of someone's site is crashing yours? That is what is happening here. How do each of you feel when your webhosting company is down and you are sending off trouble tickets asking when it gets back up. Imagine you losing out of a million dollar deal because your site was down?

While I am not sure what side of the arguement I would be on this one. I can see arguements from both sides here and I understand why the owners of utube.com would be upset, I know I would be. Then again, can you really blame youtube for the stupid users??? I don't know how this will shake out, but one thing I do know, if this goes to court, it could change the way TMs (or branding practices) are viewed. And it will be ugly for which ever side loses.

 

[briman1970]

But ask yourself this, what if you were in that position where you could be losing millions of dollars because of someone's site is crashing yours? That is what is happening here.

YouTube.com is not crashing UTube.com. This is a frivolous lawsuit and YouTube hasn't done anything that could be considered negligent.

The owner of UTube has tried to sell the site. That is evidence enough to have this case thrown out. If they valued their site so much, then they wouldn't have put it up for sale at any price.

 

[johnn]

Utube should not sue youtube.

What they should do is to hire Namepros member to add Google adsense to the site and start to collect the money.

 

[labrocca]

I can only agree with DNQ here. It appears utube is a viable multi-million dollar business being crippled by youtube. Some of you are saying adsense is the way to go..but then utube runs the risk of violating the TM of youtube if any video ads appear. Also I am sure the income from utube.com wouldn't be in the mid-$xxx,xxx per year needed for the company to justify doing this. It's a tough call and if I was utube..I would be doing the exact same thing.

I don't believe the suit is frivalous. utube had a viable business and it is ruined by youtube.com... I think a proper settlement would be for youtube to host utube.com at their expense. That imho would be justice. Utube shouldn't have to pay THOUSANDS per month for bandwidth charges and to pay sysadmins to keep the site running.

 

[johnn]

Utube should not sue youtube.

What they should do is to hire Namepros member to add Google adsense to the site and start to collect the money.

It's a Joke.

 

[Kate]

I can understand that utube us being crippled but how come Youtube (the real Youtube) is responsible for misdirected type-in traffic ? I would take advantage of the traffic boost to grow my business (and why not post some cool video ads on youtube as well)
But well that's America after all. With good lawyers you can win anything :notme:

 

[Mr Blockeel]

Utube already knows they're sitting on a gold mine. They've been trying to sell the domain for $7.5mil for a little while now, but I guess since Google (the only logical buyer) didn't bite they're trying another method.

maybe that is the reason they do not respond on my 100$ offer
i even wanted to give 100000NP$ :p

 

[tm]

I reckon Google should just offer to host the site for them... or they could put up some adsense, and generate more than enough revenue for the costs of the server.

 

[labrocca]

I would think part of utubes problem is that they don't want to hire an IT department simply to work around the youtube problems. They sell tubing...I am sure this whole thing is above their technical expertise and even hiring the right people to deal with this is a nightmare. Many IT people would hear utube.com and most likely want a $xxx,xxx salary.

Imagine you are utube...honestly...what would you do?

 

[briman1970]

I can understand that utube us being crippled but how come Youtube (the real Youtube) is responsible for misdirected type-in traffic ? I would take advantage of the traffic boost to grow my business (and why not post some cool video ads on youtube as well)
But well that's America after all. With good lawyers you can win anything :notme:

UTube can't afford lawyers good enough to fight Google over this kind of frivolous crap.

I don't believe the suit is frivalous. utube had a viable business and it is ruined by youtube.com... I think a proper settlement would be for youtube to host utube.com at their expense. That imho would be justice. Utube shouldn't have to pay THOUSANDS per month for bandwidth charges and to pay sysadmins to keep the site running.

Please answer the following question... How is YouTube directly (or even partially) responsible for the traffic that is "ruining" UTube? They obviously had no intent to ruin a company when they registered YouTube.com. They didn't infringe on any TMs. They are in no way responsible for the actions of ignorant web-surfers who mistype the name into their browsers.

How EXACTLY are they responsible for the bandwidth expenses of UTube?

 

[Dave_Z]

If utube makes a gazillion dollars, couldn't they afford investing in a datacenter
of their own (or even perhaps do colocation) to handle the load? Then again, I
guess they believe it's more practical and affordable going to Court than using
and spending on technical solutions, especially in the long run.

Google/YouTube doesn't have to do a darn thing for utube. It's a shame it had
to come to this.

Interesting how this will turn out.

 

[Ronald Regging]

Picture this... I run a plumbing store called Utube. I've operated in the same location for 10 years. Suddenly a new store opens up right next to me that sells TVs and is called YouTube. There are no identifying visible indicators as to which store is which, other than signs on each that say Utube and YouTube. For whatever reason, YouTube becomes super popular, to the point that I now have so many customers in my plumbing store looking to buy TVs that it's impossible for me to do business.

Although that analogy has holes, which really aren't present in the internet context, I think it helps to better visualize the situation. Basically, if you ran Utube, you'd be pissed too. I'd be doing the exact same thing. Negligence may be hard to prove, but causation would be the best approach. In the above analogy, YouTube would likely be found negligent, because by them opening a shop with a confusingly similar name right next to mine, they caused the problems to occur. If it weren't for their actions, I wouldn't have been harmed. Proving this in the context of the Internet may be extremely difficult though and will come down to the question of whether it was reasonably foreseeable that creating a website with a similar name would cause harm.
I think as domainers or developers, a lot of us would agree that this is the exact type of situations we try to avoid, which adds credence to their claim of foreseeability...

While YouTube has no control over their users, theres is no doubt that harm has been directly caused by their existence. Maybe a court finds that they should have foreseen the likelihood of this and therefore used a different name. Maybe they won't. But it's not easily discreditable for either side, so those who are saying this lawsuit is a joke, really should do more research.

Personally I find this to be more interesting than any WIPO cases or other TM law suits, because it will have a major impact on what is considered a reasonable precaution to take when starting a website outside of the obvious trademark laws... Personally I'd like to see this go to trial, but I doubt it will.

 

[labrocca]

UTube can't afford lawyers good enough to fight Google over this kind of frivolous crap.

Please answer the following question... How is YouTube directly (or even partially) responsible for the traffic that is "ruining" UTube? They obviously had no intent to ruin a company when they registered YouTube.com. They didn't infringe on any TMs. They are in no way responsible for the actions of ignorant web-surfers who mistype the name into their browsers.

How EXACTLY are they responsible for the bandwidth expenses of UTube?

Well look at it this way...the names are confusingly similar. Take Apple Corp and Apple Computer...these 2 companies have an agreement with each other. They are of course in different fields but both sides were smart enough to recognize that their could be suits between the 2 and entered into a mutual agreement. Utube.com was first...it's business is negatively effected directly by another confusingly similar TM (youtube). There is definitely enough there for this not to be considered frivilous. Will utube win...doubtful. But they may force youtube into sitting down with them and working out an agreement which is what I am sure utube.com wants. More than often disputes are settled after suit is filed but BEFORE it goes to court.

Also I am sure utube.com will have no problem getting qualified lawyers to battle the giant. It's a misconception that 1 lawyer can't take on 10. 1 dedicated lawyer can do a LOT of damage to a team of lawyers that aren't focused and have to share a workload. You only need 1 good lawyer to win ANY case...just one.

 

[Mike]

Utube <> YOUtube​

First one to the TM registrar won that one,..who it was,...well that remains to be seen.

In the case of who's having the deeper pockets and can drive the value of the lawsuit through the roof, i'm thinking that the Utube company would have to sell a few more tubes....
At the same time, i am certain that the Utube company will be represented "pro bono" since this would turn into a high profile case, where some firm can make history by beating the giant (Google).

In any case, as the Utube guy, i'd be welcoming the added traffic from YOUtube, utilize my marketing department, and probably become the worlds best known tubing company.
The threat of a lawsuit has us talking, millions of people are probably checking out their Utube and, in the end, if you think about it; they are already better known than ever before :hehe:

 

[labrocca]

In any case, as the Utube guy, i'd be welcoming the added traffic from YOUtube, utilize my marketing department, and probably become the worlds best known tubing company.
The threat of a lawsuit has us talking, millions of people are probably checking out their Utube and, in the end, if you think about it; they are already better known than ever before :hehe:

That's another possibility...the lawsuit could be part of marketing. For the cost of filing some papers and sending out a press release they may be attracting even more traffic. It could all be a ploy.