{Something}TUBE.com TM questions

Hi all I am willing to create a {Something}TUBE.com websithe where i would put in embed youtube videos. Wouldnt it have any TM issues?

 

I don't think you will have any problems there are already hundreds of these operating

 

There are plenty of domains registered which end with tube. No issues so long as your domain does not confuse end users.

 

yes, i dont think so

godtube.com
is a video clips site "Its About religoin"

Youtube = Broadcast yourself ----- Godtube = Broadcast him --- lolz thats funny

no problem go ahead
best wishes

 

Thanks for your answers

 

It would likely be trademark infringement since you are embedding youtube vidoes. Whether or not you would face legal action is unknown.

 

tube is likely generic for video so youtube's trademark protection is relatively weak.

 

Wrong. And when you are using their content, it would certainly be infringement.

 

Wrong. Plus their content isn't copyrighted because they did not create it.

 

http://youtube.com/t/terms

The content on the YouTube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to YouTube, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. YouTube reserves all rights not expressly granted in and to the Website and the Content.

 

You obviously have no idea of what you are reading. User submissions are not a "trademark" of youtube (duh). Trademarks are granted by classification - which means they own the mark, and similar, phonetic, and misspellings are all subject to infringement. You can't ride the goodwill established by someone else.

In simple terms, you can't use a confusingly similar mark for the same classification. Since this proposed site would be embedding youtube videos, they obviously fall within the same mark classification and would be subject to trademark infringement. You don't want to go to court and say, "gee, I just came up with the idea of "utube, etc" for showing videos that I embedded from "youtube" and I used the name "utube" as a coincidence - not because I heard of the success of "youtube". It wouldn't even make a difference if you didn't use any videos from youtube - it would still be subject to an infringement lawsuit. You cannot ride the success of someone else's mark. Apple is a generic term, but you can't go out an use "ApplePcs.com" for selling computers just because "apple" in a common term. It's protected in multiple classifications. You need to read up on intellectual property law.

 

I wasn't talking about the trademarks I was talking about the copyrights quote: "if you copy their content...".

 

The original poster asked about trademark issues.

My post talked about trademark issues.

Now you are talking about copyrights (which no one asked about), but again you are wrong. ALL content on youtube has a copyright. The ownership of the copyright usually rests with the creator. Youtube can't, and doesn't claim a copyright for material they didn't create - but again, no one was asking about copyrights.

 

This the copyright quote I was talking about. content=copyright is how I read it.

 

But I agree with the trademark issue, I wouldn't build a business around a name that google owns.

 

Trademark is to prevent consumer confusion, and I highly doubt that people would think {something}tube.com is youtube.com. There are tons of other *tube.com sites out there and many created before youtube.com. The "tube" part refers to television or video content in normal parlance, so sites ending with "tube.com" and hosting video content do not automatically constitute trademark infringement.

And embedding youtube videos on that site doesn't necessary violate their trademark. It might be against their TOS (terms of service).

A site like utube.com mimicking youtube.com would violate their trademark. The original owners of utube.com were in a different market and originally complained about all the traffic they were getting from people typing in "utube.com" instead of youtube.com. The new owners(?) of utube.com have to be careful they don't infringe by hosting video content (and if you look, they don't).

So if the {something} part looks or sounds like "you" and the site hosts user submitted videos, then yes, they are at risk. Otherwise, I think you're safe unless you go out of your way to misrepresent your site as affiliated with youtube.com. If you're really worried, I'd talk to a lawyer to be sure.