Youtube.net

[fleaking]

My friend owns the domain name Youtube.net, he is a newbie in the industry and is getting sued by Youtube.com right now, so he asked me for help today.

he doesn't park Youtube.net, instead, he uses it as the web address of an affiliate website selling weight-loss products.

Is this considered as a bad faith?
I have no idea on it because I never registered a domain name like this (I like only generic ones)...
can anyone please give a suggestion to my friend,
thanks!

 

[Flaresolutions]

I suggest your friend hand over the domain immediately. "Youtube" is hardly a general phrase and you'd have to be totally stupid to think you have any chance of keeping it. He must of known that youtube.com existed so he deserves everything he gets. He'll have no way to stand up in court, any good lawyer will tell you that. When are people going to learn? Stop leeching off other companies success!

 

[Badger]

Difficult one...

No bad faith is being shown in the use of the current website.

However, as a lay person, I would say their argument would centre upon the date of registration and the likelyhood that the registration was made only after the registration of YouTube.com. As much as ive searched, the term "you tube" is not that well known - although im sure it could be argued that, in fact, where you friend comes from "you tube" relates to those people of an above average weight and thus your friend sells weight loss pills to said people...

That might be a lame argument but this is where your frineds vulnerability lies.

 

[Flaresolutions]

Difficult one...

No bad faith is being shown in the use of the current website.

However, as a lay person, I would say their argument would centre upon the date of registration and the likelyhood that the registration was made only after the registration of YouTube.com. As much as ive searched, the term "you tube" is not that well known - although im sure it could be argued that, in fact, where you friend comes from "you tube" relates to those people of an above average weight and thus your friend sells weight loss pills to said people...

That might be a lame argument but this is where your frineds vulnerability lies.

I can tell you (from all my proxy logs) that YouTube.com is an extremely popular service, im also pretty sure they bring in (at least) millions of dollars in revenue per year. Your friend will have a big problem if it comes to fighting them with lawyers.

 

[ekal]

When did he register the domain?

 

[gingeman]

Youtube.com is now one of the biggest websites in the world. Its popularity is phenomenal and as a result, they have a LOT of money. The upshot of this is that, basically, their lawyers will rinse your mate if his domain was registered after youtube.com, which it almost certainly was.
I would suggest your friend consults a solicitor and attempts to settle out of court, they will almost certainly want to save themselves the money, effort and potential bad PR of going to court, so they may make him a sensible offer for the domain.

If, however, he registered the name before they registered youtube.com they would be lucky to prise the name from him.

Looking at the site he has up though, it is far from great, and the chance of him claiming it was anything other than a way to capitalise on their traffic is VERY, VERY slim.

He should ask for some compensation, but not be too greedy, and hopefully they will settle out of court.

 

[Robert Allen]

youtube.com - Created: 2005-02-14
youtube.net - Created: 2005-08-14

Exactly 6months different. You are basically screwed.

Robert

 

[rocknrollo]

Id say your freind is in good shape. At the time he reged the name youtube was not a well known service and shame on them for not spending 8 bucks to get the .net. Youtube will have there mind set on getting the name so unless your friend has some$$$ to spend fighting them I would settle. Ask for at least three years rev.

 

[bluemouse2]

if I were youtube I've should registered .net, .org, .us, .biz and .info ... if this .net was free why they havent registered it??

 

[ripley]

youtube.com - Created: 2005-02-14
youtube.net - Created: 2005-08-14

Exactly 6months different. You are basically screwed.

Robert

I'm not so sure. The website was created slightly before he registered his, but Youtube didn't apply for a trademark until this year:

Word Mark YOUTUBE
Goods and Services IC 009. US 021 023 026 036 038. G & S: Software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network. FIRST USE: 20050301. FIRST USE IN COMMERCE: 20050301

Filing Date January 30, 2006


That significantly strengthens your friend's hand, IMO. I'm no lawyer, but I don't think they would have much chance contesting the domain in court given that your friend registered his domain months before YouTube filed for a trademark. I'd still recommend he give the domain up, since even winning a court case costs a lot of money -- ask for a few years revenue or a flat fee. But this strengthens his negotiating hand, I think.

ripley.

 

[agent14]

It is a tricky situation but your friend would be better of handing off the domain to youtube.com. A similar situation occured only with the tables turned...www.adsense.com isn't owned by Google but they took the name which was created in 1997...such a sad case...they didnt even compensate the owner.

 

[Flaresolutions]

It is a tricky situation but your friend would be better of handing off the domain to youtube.com. A similar situation occured only with the tables turned...www.adsense.com isn't owned by Google but they took the name which was created in 1997...such a sad case...they didnt even compensate the owner.

How about you take a look at the website that is hosted on http://www.adsense.com, then if you still cant work it out, Google dont own it (read the bottom).

Also, just because a trademark hasnt been filed, it doesnt mean they have no intellectual rights over the domain. I doubt your friend would of registered it if youtube.com didnt exist, thus giving you a basis for a registration in "bad faith".

 

[DNQuest.com]

Ok people, there are several people here who read to read up on TMs and domains before they attempt to post in this section..... some very poor advise being given here and even poorer interpretation of facts.

This is what matters.... FIRST USE: 20050301. FIRST USE IN COMMERCE: 20050301

It has NOTHING to do with filing date in this instance. the .net was registered well after it was used in commerce

Asking 3 years revenue, please read about TMs before you post again. The same about asking for compensation. Instant bad faith and absolute proof of being a squatter (not to mention good fodder for invoking the Lanham Act)

It does not matter if youtube has or does not have other TLDs, the only thing that matters is this domain in this extension.

the .net website curently up is not sufficient enough to claim interest in or rights to the domain.

This is not about youtube winning becuase they have money, this is about youtube having a good case to win.

 

[bluemouse2]

give them the domain - but ask $10,000 for it they will give you at least $1,000 in the end
funny, this could have cost only $8

 

[codyturk]

I suggest your friend hand over the domain immediately. "Youtube" is hardly a general phrase and you'd have to be totally stupid to think you have any chance of keeping it. He must of known that youtube.com existed so he deserves everything he gets. He'll have no way to stand up in court, any good lawyer will tell you that. When are people going to learn? Stop leeching off other companies success!

He asked for help not to be preeched at like he was a kid. You could have said this in a much nicer way.

Anyway

You should probably hand over the domain save yourself the trouble. If your friend can afford to fight a huge lawsuit then go for it. Be a great learning experience.

 

[DNQuest.com]

give them the domain - but ask $10,000 for it they will give you at least $1,000 in the end
funny, this could have cost only $8

What isn't funny is how you could learn a hard lesson using this advice.

 

[000]

I would strongly advise that your friend hand over the domain. He really has no case against YouTube.com, as far as I can tell anyways.

 

[domainboyscout]

Little advice I currently own downloadbittorrent.com and bittorrent is saying they will sue me however; were currently working on a settlement $x,xxx

p.s. I registered the domain last year for $10 so them just giving me my money back would have been enough.

I would say if your making money/youtube.net is a part time job for you then give it away but not without press coverage.

Get local media, make a video, post a blog up there from blogger.com
titleed "youtube wants my domain" or something in the end youtube gets the .net and you get free publicity on your brand assuming you own other domain names.

just my 2 cents :P

 

[DNQuest.com]

^^^ this is why domainers get a bad rep...

 

[MadAboutDomains]

^^^ this is why domainers get a bad rep...

why?

I can tell you (from all my proxy logs) that YouTube.com is an extremely popular service, im also pretty sure they bring in (at least) millions of dollars in revenue per year. Your friend will have a big problem if it comes to fighting them with lawyers.

They have only been running a year and a bit and they have only just got popular. It could all soon fall down once the fad is over.