moneyoutube.com appraisal

You need to look at the definition of good will in your legislation. In a WIPO case good (good faith actually) will is considered the use of the trademarked name without knowledge of the trademark AND without being on the trademarked domain of work. That means that if you make any reference on your website about youtube.com, or offer anything similar to youtube, while using the youtube trademark to promote it is bad faith and trademark infringement. If attempt to monetize a trademark it's infringment! Any layer can tell you that!

Also WIPO hearings of trademarked and parked domains are known to give a guilty verdict if the infringing domain has ever shown ads involving the trademark (and since those ads are automatic they usually do). There are many such cases of domains lost because of this.

As for iloveyoutube.com, I haven't visited it so I'm only talking about the name. I'm playing devils advocate here. Depending on the circumstances this may or may not work in the court: if they don't make money (show ads) it can fall under "free speach", just like paypalsucks.com and others like it. But it is important that they don't make money from the association with the trademark.

In any case a trial could cost you a lot, money you won't get back even if you win! Legal fees are not payed by the loosing party in WIPO cases!

You should review the laws a bit, and browse the WIPO archive a little looking for similar rulings. There are plenty of examples for you!

 

@pitagora

thanks for your info. I know "Legal fees are not payed by the loosing party" so regardless who loose who win, the court still earn money. I heard that in US, pp like to sue each other --> lawyer is one of the good pay job in US.

@all
Yesterday, I read a funny lawsuit that I want to share with all of you.

There is a small company utube.com . they sell tube products. utube.com sue youtube.com and ask the court to shutdown youtube.com

here is utube.com's arguments:

youtube.com's users come to utube.com website to look for youtube's clip. utube.com end up with have lot of traffic but none of them buy tubes. --> everymonth utube.com has to pay more for bandwith. utube.com sue youtube.com and ask the court to close youtube.com website.

Here is the court answer:
youtube.com has nothing to do with utube.com. internet users come to utube.com by themself, youtube.com did not ask internet users to come to utube.com

--> utube.com loose --> they have to buy another domain ubtubeonline and use utube.com to display ads --> funny story lawsuit

The court seems to afraid of shutdown youtube.com. Why? if the court shutdown youtube.com then there is nothing for pp to sue around --> the court will loose business --> no money --> youtube.com must be there so pp have thing to sue each other --> court and lawyer have money to survive --> win-win situation


Lesson learn:
moneyoutube.com has nothing to do with youtube.com. internet users come to moneyoutube.com by themself, moneyoutube.com did not ask internet users to avoid youtube.com --> Do you think this is a stupid argument? remember this is court's argument!


I just hire a lawyer to take care of trademark law related issue for my online business. I pay her USD5000/month. I also setup a website trademark law and domain name to share with you all my experience. You can take a look at:
http://www.youcanlearn.info/trademarkdomain

Regards,

 

Regardless of the legality of your domain name, your original post was to get an appraisal. IMHO, your domain is worth the registration fee.

 

@anarmyofme
Thank for your appraisal, you said "IMHO, your domain is worth the registration fee"

--> If I sell moneyoutube.com to you at registration fee USD9, will you buy it?


@all
I have consulted my lawyer and removed all word "youtube.com" from moneyoutube.com.

From now onward, moneyoutube.com declare:

moneyoutube.com is an online portal, we sell tube ads about how to make money for you online. Our product is "moneyou".

moneyoutube.com has nothing to do with youtube.com, no relationship with youtube.com in anymean, except business partner relationship. i.e if youtube.com want to be ad in our website --> we welcome youtube.com as a business partner.

Internet users come to moneyoutube.com by themself. We did not ask them to avoid youtube.com

 

If your attorney wasn't an idiot, he would know how to get a court order.

Are you sure your attorney isn't an imaginary friend that goes by the name Ben Matlock?

Your domain is still worthless... in fact, only a fool would assume the liability in taking it over.

Waiting........

 

"Tube Ads?" ROTF... Now that's a great marketing idea.... I'll bet you came up with that by yourself.


P.S. Why the change? I thought you said I was wrong and there was nothing wrong with your site's content...

 

mjewel said:
<<<
Waiting........
>>>

Are you still waiting for me to sue you? How old are you, man? Take it easy. I just joke you only.

You said:
<<<
"Tube Ads?" ROTF... Now that's a great marketing idea.... I'll bet you came up with that by yourself.
>>>

Yes, I came up the word "Tube ads" by myself and I have already registered "tube ads" as a trademark. When you mention "Tube ads" in your post, you must put the TM after that words like this "Tube Ads" TM otherwise you infringe my trademark.

 

oh I did not see you PS:
<<<
P.S. Why the change? I thought you said I was wrong and there was nothing wrong with your site's content...
>>>

I change because I have other domain name http://www.earnmoneytube.com I do not have time do develop both so I just develop http://www.earnmoneytube.com because this domain have better high pay key word "earnmoney" the http://www.moneyoutube.com is for sale tube ads. he he

Because of the debate with you, I can buy a good domain http://www.earnmoneytube.com and come out with the idea http://www.youcanlearn.info/trademarkdomain

So I would like to thank you by buying you a beer.

 

First, you didn't register "Tube Ads".

Second, you would have problems if you did as "TUBE MY AD" and "AD TUBE" have already filed for a Federal Registration (serial #77560236, #77249662).

It would seem you are trying to get multiple lawsuits for infringement. Did your "lawyer" forget to do a search for prior marks?

And there is no requirement to use TM either........

 

Hi Man,

I am not stay in US, why do I need to register my trademark with US? I register my trademark "Tube ads" in my local country. According to my country's law, you must use TM after trademark otherwise who know that dam words is trademark?

 

And what country would that be? The one where Charlie the Unicorn lives?

 

Who is Charlie? Sound similar to money? Is your Charlie a native English Speaker? If yes, Charlie must stay in US and follow US law.

 

Well, i guess you have done a great research on your case, but still i think that youtube is a global TM and if anyone missuses it then he is surely going to get sued. EG. uTube.com sued Youtube.com.

 

vpds, you can put it whichever way you want.
What you're doing is TM infrigement, accept the advice given from everyone.
You're not allowed to have the youtube trademark in your domain name, you can put any kind of disclaimer, it won't matter.

there are so many sites which have youtube in their name, so youtube won't bother wasting time on the smaller ones, once the sites get big enough to notice the attention of youtube, youtube will take actions.

If we assume for a second you're not doing TM infrigement, youtube will still decide to take action against your domain once it gets big.

If they decide to sue, you will go bankrupt, they don't even have to be right, even if you win the case, you will lose thousands in lawyers and court fees and go bankrupt. Because they have millions, and you don't.

An example of that is the case Microsoft vs Lindows. Microsoft sued Lindows for trademark infrigement. Microsoft lost the case, and it was concluded that Lindows didn't break TM laws. However, due to the huge lawyer, legal and court fees, Lindows went bankrupt in the efforts to fund their lawsuit.

That's what happens when a huge company like Microsoft that has 15.000 empoloyees, sues a 40 employee company like Lindows. Even though Lindows won the case, they went bankrupt.

Stop being stubborn, you asked for a apprasial, you got it, reg fee at most. Accept it!