Would I be sued for stealing TM,and get massively bankrupped registering this domain?

Discussion in 'Legal Issues' started by osmanrulz, Aug 24, 2008.

  1. #1
    Hey guys, Was planning to register youtubee.tv, but I have a feeling im going to get owned haha, I already own youtubee.info, So Everything is going ok with that, but I dont know, If i should renew during expirey
     
    osmanrulz, Aug 24, 2008 IP
  2. DeenaEsq

    DeenaEsq Peon

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    #2
    I think you're looking at some serious issues with liability for trademark infringement. It really depends on what you're doing with the sites. What you're doing is called typosquatting. It's not per se illegal, but it's a tricky thing to make sure that you're not going to get sued for...

    If you have other questions, let me know.

    Deena
    _____________________________________________________________________
    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 24, 2008 IP
    latoya likes this.
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    I know some people who played with fire and got burned. You up to it?
     
    Dave Zan, Aug 24, 2008 IP
  4. muncle

    muncle Guest

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    #4
    Google is a multi billion dollar business. They can afford fierce lawyers and the money it would cost them to run you to the ground would be peanuts for them.
     
    muncle, Aug 24, 2008 IP
  5. osmanrulz

    osmanrulz Active Member

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    #5
    Does that mean registering typo domains, i.e, facbook.com, or oogle.com, would also be considered as breaching TM infrigement policies..
     
    osmanrulz, Aug 25, 2008 IP
  6. digitalpoint50

    digitalpoint50 Guest

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    #6
    ----yep----
     
    digitalpoint50, Aug 25, 2008 IP
  7. CGSS-CyberGeek

    CGSS-CyberGeek Peon

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    #7
    Hi.

    Another thing you may want to consider with this though, if you are actually going to use this domain name for legitimate purposes. If so, I recommend trade marking the domain and use it. It will be a harder case for the oponents to win, but none the less like stated above, you are playing with fire and usually people get burned.
     
    CGSS-CyberGeek, Aug 25, 2008 IP
  8. latoya

    latoya Active Member

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    #8
    Can you get sued? Yes. Will you get sued? We can't answer that.
    Maybe, if he's not planning to use it as a video sharing site. If that's the case, he is unquestionably infringing on YouTube's trademark.
    Yep, check out the Anticyberquatting Consumer Protection Act aka Truth in Domain Names Act
     
    latoya, Aug 25, 2008 IP
  9. muncle

    muncle Guest

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    #9
    As an alternative you could move to Iran or Nigeria or other country where law means nothing and/or where cyber crimes are unpunishable and you'll be immune :)
     
    muncle, Aug 25, 2008 IP
  10. osmanrulz

    osmanrulz Active Member

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    #10
    haha ohwell, my plan for many of the typo domains that I registered has no intention of breaching TM policies, I wouldnt have used youtubee for video sharing
     
    osmanrulz, Aug 25, 2008 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #11
    Maybe not in terms of fees or jail time, but the OP can still lose the domain.
    Unless that's not a problem.

    No intention of breaching TM policies.....yet why did you register a practically
    obvious typo anyway?
     
    Dave Zan, Aug 25, 2008 IP
  12. muncle

    muncle Guest

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    #12
    Tru dat, forgot to take ICANN TOS into account
     
    muncle, Aug 25, 2008 IP
  13. gareth_esutera

    gareth_esutera Member

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    #13
    Why not register, then try to sell those domains to these big companies at a high price. If they have the bucks to hire lawyers, they sure have the bucks to buy typo domain names. I think it's a faster way to make bucks.
     
    gareth_esutera, Aug 25, 2008 IP
  14. DeenaEsq

    DeenaEsq Peon

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    #14
    Because they don't have to pay you to buy the typo names. They're entitled to them under the ICANN rules. They just have to contact your domain registrar with the proof that they're the trademark holder. And if that doesn't work for them, they file with WIPO. You lose your domain and you have to defend a WIPO action and run the risk of being labeled a cybersquatter...

    Deena
    ________________________________________________________________________

    Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
     
    DeenaEsq, Aug 25, 2008 IP
  15. Dave Zan

    Dave Zan Well-Known Member

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    #15
    And unless they themselves are the ones infringing like Dotster and Name.com
    did, the registrar will simply tell them to file a UDRP or get a court order. ;)

    And Gareth, would you pay a blackmailer or report him to the police? You may
    pay him off if you choose to, but it's the principle for some where they might
    rather have him brought in.
     
    Dave Zan, Aug 25, 2008 IP
  16. Got-Paid-Forum.com

    Got-Paid-Forum.com Peon

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    #16
    Hey look just say you made a typo when you registered the site from the beginning.
     
    Got-Paid-Forum.com, Aug 25, 2008 IP
  17. nikifi

    nikifi Peon

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    #17
    Its not worth the hassle. You can do well using a completely unique domain and not having to worry about liability issues. Good luck
     
    nikifi, Aug 25, 2008 IP
  18. Dave Zan

    Dave Zan Well-Known Member

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    #18
    Yeah, sure. I can tell the cop I didn't see the 65-kph speed limit sign when I
    drove 70, and he can still give me a speeding ticket...or worse.
     
    Dave Zan, Aug 25, 2008 IP
  19. Got-Paid-Forum.com

    Got-Paid-Forum.com Peon

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    #19
    It was a Joke Dave! :cool::p
     
    Got-Paid-Forum.com, Aug 25, 2008 IP
  20. cheeky002

    cheeky002 Peon

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    #20
    yea. looks kinda fishy. how about using it as a landing page? like, " this domain is on sale.parked, visit our sponsors instead"
    actually, i saw abc.me which i'm sure is not abc news ... what do you think?
     
    cheeky002, Aug 25, 2008 IP