I have a www.youtube.com.xx domain and looking for a legal advice: can i develop it?

Discussion in 'Legal Issues' started by EDMURPHY, Mar 9, 2007.

  1. #1
    I have a question, i have a youtube domain registered on my name but difrent extensin(not tld) and i am trying to find out if i could make something on it (with youtube videos embeded from youtube.com ) and i saw that ,for example, youtube.jp is redirected to youtube.com like youtube.com.br (also redirected).
    But on the other hand domains like # youtube.fr -> Domain Parking
    # youtube.gr -> Domain Parking
    # youtube.hk -> Domain Parking
    # youtube.in -> Domain Parking are not depending on youtube.com.
    Here are some examples of youtube domains and what is on them:

    * youtube.at -> Domain Parking

    * youtube.be -> Domain Parking
    * youtube.biz -> youtube.com
    * youtube.ca -> Domain Parking
    * youtube.ch -> Domain Parking

    * youtube.co.nz -> Domain Parking

    * youtube.com -> youtube.com
    * youtube.cz -> Domain Parking
    * youtube.de -> videotube.de (Video Portal)
    * youtube.dk -> Domain Parking
    * youtube.es -> Domain Parking

    * youtube.fr -> Domain Parking
    * youtube.gr -> Domain Parking
    * youtube.hk -> Domain Parking
    * youtube.in -> Domain Parking
    * youtube.info -> youtube.com
    * youtube.it -> Domain Parking
    * youtube.jp -> youtube.com

    * youtube.net -> 1M Pixel Fake
    * youtube.nl -> filmpjes.nl

    * youtube.pl -> Domain Parking
    * youtube.ru -> Domain Parking
    * youtube.se -> Domain Parking
    * youtube.sg -> Domain Parking

    * youtube.us -> youtube.com


    This information is very important for me becose i don`t know if i have the legal right to make something on this domain or do i have to drop it before youtube.com takes it from me…and i have to mention that as far as i know youtube is not a registered trade mark in my country.

    I saw that on sedo.com there are a lot of youtube domainsfor sale ,like:
    youtube.gr
    youtube.com.cn
    youtube.com.pk
    youtube.name
    youtube.org.tw
    youtube.com.hk
    youtube.ir
    youtube.hu
    youtube.ag


    Please let me know about what could happen with my youtube..com.xx domain.
    thx again
     
    EDMURPHY, Mar 9, 2007 IP
  2. Crusader

    Crusader Peon

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    #2
    Youtube will definitely have a very solid case against you for trademark infringement since the domain is an exact copy of their trademark. They can most likely just demand that the domain be handed over to them.

    In my opinion, it's not worth hanging onto the domain or trying to develop it, especially using videos from Youtube itself.
     
    Crusader, Mar 9, 2007 IP
  3. EDMURPHY

    EDMURPHY Well-Known Member

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    #3
    Yes,i think so...but how about all the youtube domains on difrent extensions?
    I saw that youtube.net is difrent from youtube.com and there is no problem .
    Maybe if i could ask someone from the youtube staff if i can make an afiliate youtube site in my country, i don`t think that youtube will need this domain since my country has only 5-6 mil peoples who use internet

    ps: how about all the youtube domains parked, can i at least park it?
    And, of course if youtube will ask for this domains i will drop it,but till then i would like to find out a way to develop it and send more visitors on youtube.com
    What i want to say is that i would like to have their agreement in order to develop a "little brother" of youtube.com here, how can i contact them?
    thx again for response
     
    EDMURPHY, Mar 10, 2007 IP
  4. ruby

    ruby Well-Known Member

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    #4
    To be honest don't bother... You Tube (Google) is a massive company and they won't want anyone using their protected name.

    You are better off letting the domain go... then go away and try and think of another money making idea thats your own.
     
    ruby, Mar 10, 2007 IP
  5. Kalyse

    Kalyse Peon

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    #5
    Yup, dont try to dvelop it. Its silly.
     
    Kalyse, Mar 10, 2007 IP
  6. Shashi01

    Shashi01 Peon

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    #6
    I wont suggest you to take the plunge into it. Youtube will surely not let anyone have the similar domain name as its against the trademark policy.
     
    Shashi01, Mar 10, 2007 IP
  7. EDMURPHY

    EDMURPHY Well-Known Member

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    #7
    ok thx for helping,semms that it is not such a good ideea after all :(
    and one more question, a user said that with miniclip would be a difrent story but i did not understand exactly what he ment,can you explain?
    thx again
     
    EDMURPHY, Mar 12, 2007 IP
  8. jakomo

    jakomo Well-Known Member

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    #8
    Well,

    One thing is the domain name, and another is the trademark, for example Youtube should have the trademark in India...

    Best regards,
    Jakomo
     
    jakomo, Mar 12, 2007 IP
  9. getjimmy

    getjimmy Prominent Member

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    #9
    yes dont try 2 copy their domain.else u may face a problem.
     
    getjimmy, Mar 12, 2007 IP
  10. mjewel

    mjewel Prominent Member

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    #10
    I said if you put content not related to video's, games or cartoons - you might be ok as trademarks are granted by classification. The way you are currently using the miniclip domain is trademark infringement and you could be sued. You are taking other people's ideas and trying to copy them. Either come up with an original idea, or an original name.
     
    mjewel, Mar 12, 2007 IP
  11. AjOnline

    AjOnline Well-Known Member

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    #11
    I would contact them and ask if you can build a site around youtube videos. If you use there emedded videos then they might not have a problem promoting there site.
     
    AjOnline, Mar 12, 2007 IP
  12. blogster

    blogster Peon

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    #12
    sell it to youtube they mite give u BIG $ ?? lol

    on serious note i wont bother making and developing a site on this domain only for youtube to take it down laters.
     
    blogster, Mar 12, 2007 IP
  13. EDMURPHY

    EDMURPHY Well-Known Member

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    #13
    That is exactly what i hope to do
    I already did that but no response yet, it is hard to get to the right department there.
    About miniclip ,again you are right but still don`t understand how such many sites "miniclip.xx " and no problem there

    All i hope is that i will receive a agreement from them to promote their mark in my country
     
    EDMURPHY, Mar 12, 2007 IP
  14. ninjashoes

    ninjashoes Well-Known Member

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    #14
    maybe you could try a mispelling of youtube instead like what peopel have done with google

    maybe buy whats left of the mispellings, as far as legality I would maybe use it then have a backup plan if there is trouble?
     
    ninjashoes, Mar 12, 2007 IP
  15. mjewel

    mjewel Prominent Member

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    #15
    misspellings, phonetic, adding words, and even some foreign spellings can still trademark infringement. As a general rule, you can't try to profit off the name/mark someone else established. They established their name, and the laws are to ensure someone doesn't try to ride their goodwill. Be original, forget about being a copycat, you're just asking for legal trouble.
     
    mjewel, Mar 12, 2007 IP
  16. tke71709

    tke71709 Peon

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    #16
    So you want to use their trademark and their videos and you think they'll be fine with that?

    Welcome to the real world.
     
    tke71709, Mar 14, 2007 IP
  17. EDMURPHY

    EDMURPHY Well-Known Member

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    #17
    would be better to use metacafe videos on an domain like that? videos frum youtube use a lot of webmasters so i would consider "using" only the name to increase thier popularity in my country.
     
    EDMURPHY, Mar 14, 2007 IP
  18. Crusader

    Crusader Peon

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    #18
    No, that would be a definite trademark violation. The ONLY possible way you can develop the site is to create a site totally unrelated to video content or online videos. As soon as you have content even remotely close to the trademark site, then it shows that you are trying to profit from their name and they can take the domain without any problems.

    With unrelated content you would at least stand a decent chance if they want to take the domain from you.
     
    Crusader, Mar 14, 2007 IP
  19. EDMURPHY

    EDMURPHY Well-Known Member

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    #19
    Ok,till i will b sure of someting the domain is redirected to my main site.
    Hope will come with a good solution
    If there is someone who think has a good ideea to share about the subject please do.
    best regards to all
     
    EDMURPHY, Mar 17, 2007 IP
  20. Tekime

    Tekime Well-Known Member

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    #20
    If you do develop it, I'd make sure it isn't even remotely similar to youtube.com. What they're looking for is brand defamation, and attempt to benefit off the goodwill of their stronger mark.

    For example, a cryogenics service might have a chance at surviving.

    Get it? Cryogenics? Bahaha. :rolleyes:
     
    Tekime, Mar 17, 2007 IP