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!

 

[sin]

if i was your friend, I'd stall with some emails with youtube.com. Park youtube.net for a fewdays before I give it back to them. Just so I can profit a little before I giveup that name.

 

[MYnameke]

google.hu was owned by a hungarian company till now.. the first owner sells it for 9000$ the second for 14000$ and the last owner after a lot of problems gave the domain for free to google.... nice hmmm I recommend to your friend to sell it on the net for a high price to a bigger company who has the power to fight against youtube. Good luck man!

 

[Lasher]

I can't believe some of the advice given in this thread. A TM holder simply asking you to C&D then hand over the domain, in a case as clean cut as this, is taking the nice route.

Paying you $1000 for this single instance of TM infringement may be cheaper and less hassle than going UDRP, but suing your ass off in a court of law for TM infringment would send a strong message to other "youtube" domain holders and be a lot less hassle than hunting down hundreds/thousands of potential infringements and offering $1000 for each of them.

Being in Taiwan it's debatable whether they could ever actually collect on any monetary awards, but that won't stop a judgement against your name and a strong message to the rest of the community. Hand it over, it's not generic, it's a dumb name that nobody would have even paid reg fee for (obviously true, nobody did) before they started using it.

 

[AGS]

Interesting thread.

One thing that has always baffled me is how sites like YouTube and GoogleVideos can still operate, there is so much copyrighted material available on both I am surprised they can get away with operating.

Now I know there are hundred of thousands of other sites doing the same but I make the point of these 2 as they seem to be 2 of the biggest.

Can anyone answer that one? :p

 

[Keynes]

One thing that has always baffled me is how sites like YouTube and GoogleVideos can still operate, there is so much copyrighted material available on both I am surprised they can get away with operating.

Yes, this is bound to change, much as it did with music, although the enforcement issues are much more difficult. The beauty of these video models is their decentralized nature; I fear this will not always be the case. Just as Napster soon begat iTunes, I believe there will be a dual solution here: TM holders acceptance of some work on YouTube, as well as a "premium" section for protected work.

 

[AGS]

I believe there will be a dual solution here: TM holders acceptance of some work on YouTube, as well as a "premium" section for protected work.

Yeah very true, look how Napster went from being the "Bad Boy" to legality over the years (Napster holds a special place in my heart as it was the first site I downloaded an mp3 from back in the day, it was "2 Brothers on the 4th floor - Never Alone" and I remember it as if it was yesterday) I am sure that is what YouTube is angling at, they will make a heap of money from doing so too.

 

[EST243]

keep it and get my publicity they cant touch him where hes at, i would take this to the press STAT

 

[iNod]

The fact of this is.. Is that the domain is "YouTube.net" it doesn't matter if YouTube got a registered TR in so date. They where still a working business. Right now YouTube.com wants the domain and has the money to get it. Just as MS and the rest did. If you are not willing to settle on something.. Maybe $200 or something. Because anymore and they would say screw it and go to courts. Which would make you LOSE ten times more than you will gain and also be noted at a Cyber Squatter.. Which is also bad rep. Asking stupid prices like $10 Million and garbage is just stupid. I see enough kiddies on eBay wanted to sell their gjfjf-fgfjgjk_gjfjf.com for $10 Million and waste eBay fees that they end up not paying.

It doesn't matter if he is in Taiwan or not. The matter is he registered the domain from a US register and it is under the eyies of the US and therefore abids by the US laws. Not his home country. If he registered it at a Taiwan based register. That may be different.

It is also currently pointing to Sedo.. Another BIG mistake.. If you know you have a domain from anyother company. WHY are you parking it!!.. Espically when the parking service you are using is the biggest in the world! That is just.. Well.. stupid. Because now you are offically cybersquatting by parking it for money.

So now, I suggest handing over the domain OR asking for something between $50-200.. Any more and they are taking you to courts.. And that will not be pleasing on your side.

- Steve

 

[labrocca]

Interesting thread.

One thing that has always baffled me is how sites like YouTube and GoogleVideos can still operate, there is so much copyrighted material available on both I am surprised they can get away with operating.

Now I know there are hundred of thousands of other sites doing the same but I make the point of these 2 as they seem to be 2 of the biggest.

Can anyone answer that one? :p

'

Read the DMCA...it's the latest laws concerning copyright and the digital age. Youtube is a host...a content provider and is not liable for content posted by it's members. Any company can hit youtube with a C&D and have their copyrighted material removed. I have seen youtube do this already.

The fact of this is.. Is that the domain is "YouTube.net" it doesn't matter if YouTube got a registered TR in so date. They where still a working business. Right now YouTube.com wants the domain and has the money to get it. Just as MS and the rest did. If you are not willing to settle on something.. Maybe $200 or something. Because anymore and they would say screw it and go to courts. Which would make you LOSE ten times more than you will gain and also be noted at a Cyber Squatter.. Which is also bad rep. Asking stupid prices like $10 Million and garbage is just stupid. I see enough kiddies on eBay wanted to sell their gjfjf-fgfjgjk_gjfjf.com for $10 Million and waste eBay fees that they end up not paying.

It doesn't matter if he is in Taiwan or not. The matter is he registered the domain from a US register and it is under the eyies of the US and therefore abids by the US laws. Not his home country. If he registered it at a Taiwan based register. That may be different.

It is also currently pointing to Sedo.. Another BIG mistake.. If you know you have a domain from anyother company. WHY are you parking it!!.. Espically when the parking service you are using is the biggest in the world! That is just.. Well.. stupid. Because now you are offically cybersquatting by parking it for money.

So now, I suggest handing over the domain OR asking for something between $50-200.. Any more and they are taking you to courts.. And that will not be pleasing on your side.

- Steve

Lots of ranting Steve but not the soundest of advices. It very much does matter he is in Taiwan. The court system there isn't easy to deal with as American or EU. Heck the domain owner could be a kid and not even liable under their statutes. Now if you think $50-$200 is a fair price for youtube.net...yer insane. It's worth 10x that much and to legally pursue this will cost youtube at least $2k...which means it's fairly safe to ask below that mark. I do agree parking it at Sedo was a mistake but that hardly matters. I am sure eventually youtube would want this domain no matter what.

 

[Archangel]

I haven't read the entire thread but I read enough (I think) to get an assumption.

Because the .com was pretty much nothing on the day the .net was registered, I daresay that they couldn't claim your friend registered it out of bad faith. And the .net is being used in a manner that has nothing to do with the niche of the .com's site. Add the TM wasn't registered til later that year and I think you can say that even though it looks like the .com owners have the upper hand, it's a faux illusion. Your friend, however, would only be safe if these facts are known to the eyes of the court. Play these cards and I think your friend will be safe.

If your friend really feels that he has no chance, I'll take the .net off his hands. The courts don't and can't scare me. I have balls and time -- a dangerous combination. Add money and it'd be deadly.

 

[Hemisphere]

Keep the domain till youtube is willing to pay you a good price for it, I'm sure they will not let you have it.

 

[thecnews]

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

Ok, you just lost all credibility with that. I am not lawyer also, but I am going to college for a contracts law degree...I know a little bit about this because I have researched similiar cases before. All he has to do is show that he has a legitimate business as an affiliate of a company, show that he makes revenue that has NOTHING to do with YouTube.com and therefore YouTube.com has nothing on him. The only argument that they might have is that people who mistype the .com portion of it might try .net instead but I seriously doubt people who are mistyping it are going to look into weight loss what not...

 

[Jo]

It is not a weight loss site. The owner has parked it and put sex ads etc. on it.

 

[S-cott]

who cares,

make money make money money money

 

[navjotjsingh]

Ok, you just lost all credibility with that. I am not lawyer also, but I am going to college for a contracts law degree...I know a little bit about this because I have researched similiar cases before. All he has to do is show that he has a legitimate business as an affiliate of a company, show that he makes revenue that has NOTHING to do with YouTube.com and therefore YouTube.com has nothing on him. The only argument that they might have is that people who mistype the .com portion of it might try .net instead but I seriously doubt people who are mistyping it are going to look into weight loss what not...

But even if he proofs he is not using the domain in a way that can harm youtube.com...but the fact is Youtube want this domain in their name...and a company can go to any extent to get it...be it the easy or the hard way! Your friend does not stand a chance to retain or demand huge amount from them! Forget it!

 

[ForexPros]

nice catch man.. keep it and take the money when right amount is offered

 

[greenlake]

I noticed that YOUTUB.COM is parked at sedo, with links relevant to youtube.com...

Would this also be considered TM problem?

 

[Badger]

I noticed that YOUTUB.COM is parked at sedo, with links relevant to youtube.com...

Would this also be considered TM problem?

Ya think..?

 

[DNQuest.com]

who cares,

make money make money money money

Nice first post... not.


I don't know why people are going around on this, the owner is obviously squatting on the name and using it in bad faith. This is classic cybersquatting....


It is very appearent many posters in this thread did not bother to type in youtube.net to see how it is being used, that is the first thing you should do before you try to discuss this situation. There are no if, ands or buts to this. Heck, jsut read this line on the home page

"Youtube.net is your gateway to the best sites on the Internet for Funny videos!"

Umm, that is what the .com does and did it first.

 

[MastMnds]

Basically your screwed, depending if the names is getting massive amounts of traffic, I would try researching ways you can stall them long enough to make some more cash than hand it over. Either way your facing a big company vs. pocket change. Think there gonna have more lawyers.