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moneyoutube.com appraisal

Discussion in 'Appraisals' started by vgps, Dec 12, 2008.

  1. #1
    Hi all,

    Please appraise http://www.moneyoutube.com

    I use youtube + wordpress to develope this website.

    Please let me how much the domain worth? How much is the website content worth?

    Thank very much for your time.
    SEMrush
    Regards,
     
    vgps, Dec 12, 2008 IP
    SEMrush
  2. htmlindex

    htmlindex Prominent Member

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    #2
    "YouTube" is trademarked therefore the name is worthless. If you are gonna continue developing the site, I would suggest to pick another name for the site to avoid possible legal issues.
     
    htmlindex, Dec 12, 2008 IP
  3. vgps

    vgps Peon

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    #3
    thank for your appraisal,

    I just searched the net, there are websites have youtube in their domain name:
    Forxample kissyoutube com

    Can I just copy their disclaim and put it my website?

    Disclaimer and Copyright

    YouTube logo is a trademark of YouTube.com.
    Moneyoutube.com is not affiliate in any way with YouTube.com.

    This site is Copyright© by Moneyoutube.com All right reserved.
     
    vgps, Dec 13, 2008 IP
  4. chopsticks

    chopsticks Active Member

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    #4
    AFAIK then, you then can't have any content on your site related to the trade-marked term.
     
    chopsticks, Dec 13, 2008 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    If your site didn't have anything about youtube or didn't have a bunch of youtube videos embedded, you might be able to make an attempt to argue it wasn't infringement (still would likely be a hard argument as their mark is famous). As it is, it is certainly TM infringement - now whether or not they will do anything about it is unknown. The larger the site, the bigger the target. A disclaimer isn't going to do anything about your domain name as someone has to visit the site before they read it - and the theft of traffic from consumer confusion has already taken place. It's almost always best to stay away from having famous trademarks as part of your domain name.
     
    mjewel, Dec 13, 2008 IP
  6. vgps

    vgps Peon

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    #6
    I just think about cnn.com

    Does it mean that all 4 letters domains from A to Z: ACNN.com ... ZCNN.com will face legal issue with cnn.com?

    How about this: LG is the trademark but they can not buy lg.com they have to use lge.com because lg.com was bought by somebody else.
     
    vgps, Dec 13, 2008 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    IBM is one of the most protected trademarks in the world. So is 3M. With letters, not words, it usually depends on usage. LH.com was just awarded to the airline Lufthansa (although I'm sure the decision will be appealed).

    Perfume Bay lost to ebay after they appealed and spent $600K in legal fees. Yes, CNN could certainly go after ACNN or ZCNN - but whether they would win is unknown. There chances would be likely be good if they were used for a news site. Fighting to keep a domain can run hundreds of thousands of dollars if you take it though the entire legal process - money you don't get back even if you win.
     
    mjewel, Dec 13, 2008 IP
  8. vgps

    vgps Peon

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    #8
    I am not so worry about this legal issue. The more I search, the more I found a lot of guy even go further than me.
    forxample: there is a guy in US buy this domain iyoutube.com and even sale google adwords on this domain, he also provide his phone number as well.

    Further than that, all other TLD youtube.net, youtube.mobi, .info .... were bought by other pp. if youtube.com want to take legal action, they will fight with all those tld domains first before they come to me.

    by the time they come to me, my domain already got a lot of traffic because of very high paid keywords (money + youtube). At that time, I may already sell the domain to get some money.
     
    vgps, Dec 13, 2008 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    You can do what you want. Just because they haven't gone after some, it doesn't mean they won't come after you. Youtube has gone after a lot of people, even small sites - and they can sue you for all money ever generated plus damages. They can also sue you for selling the domain - and your posts on this forum will just add more weight to any lawsuit. You can add adsense to any site after you have your account, it doesn't mean it was approved.
     
    mjewel, Dec 13, 2008 IP
  10. vgps

    vgps Peon

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    #10
    very interested debate.

    You said:
    <<<
    Yes, CNN could certainly go after ACNN or ZCNN - but whether they would win is unknown.
    >>>

    <<<
    IBM is one of the most protected trademarks in the world. So is 3M.
    >>>

    What happend to all pp who own ACNN.com .. ZCNN.com and AIBM.com .. ZIBM.com? Will their 4 letters domains do not worth any penny?

    I have another domain imath.mobi. Does it have any trade-marked issue with iphone?
     
    vgps, Dec 13, 2008 IP
  11. mjewel

    mjewel Prominent Member

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    #11

    "I have another domain imath.mobi. Does it have any trade-marked issue with iphone?"


    I suggest that you read up on trademark law so you'll know the difference.
     
    mjewel, Dec 13, 2008 IP
  12. vgps

    vgps Peon

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    #12
    Hi mjewel,

    you said:
    <<<
    I suggest that you read up on trademark law so you'll know the difference.
    >>>

    Are you a lawter?

    If yes, can you show me where in the trademark law explicit said that: one can not register a domain name like this XXXX+trademark.com or trademark+XXXX.com ?

    If the law never explicit said that, who can prevent me to register XXXX+trademark.com?

    I have some questions for you and challenge ALL LAYWERS who prepare trademark law.

    If trademark law allow youtube to resiger the name "youtube" as trademark and fight anyone who register XXXX+youtube.com, then can I register the name "tube" as my trademark name so that I can sue youtube.com because they are
    infringing my trademark name "tube" in their domain youtube.com?

    Can I register the name "point" as my trademark and sue digitalpoint.com and sitepoint.com because they have my trademark "point" in their domain name?

    If trademark law allow IBM and CNN to resiger 3 letters as trademark and fight anyone who register XCNN.com or XIBM.com, then can I register 3 letters "COM" as my trademark name so that I can sue any website because they are
    infringing my trademark name "COM" in their domain.com?


    You said:
    <<<
    Youtube has gone after a lot of people, even small sites
    >>>

    Do you have any evidence or just anyhow say that?

    You said:
    <<<
    they can sue you for all money ever generated plus damages
    >>>

    Youtube can not just anyhow sue like this. They must prove with explicit evidences. If they can sue anybody, then I can sue my domain register because they allow pp register XXX+trademark.com

    If youtube sue me, I sue my domain register --> fair enough? my domain register sue the lawyer because the lawyer forgot to put the term "nobody can register XXX+trademark"

    Finally, I will sue you because you damage my domain name. We will sue each other. PP like to sue each other to make money, right?
     
    vgps, Dec 13, 2008 IP
  13. mjewel

    mjewel Prominent Member

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    #13
    Are you a lawter?

    No, what is a lawter?


    If the law never explicit said that, who can prevent me to register XXXX+trademark.com?

    Are you too lazy to do any research yourself?


    I have some questions for you and challenge ALL LAYWERS who prepare trademark law.

    If you want to risk being sued, it isn't going to hurt my feelings.

    Here's a video you can watch, since you aren't able to do any research yourself. The person being interviewed is one of the best domain lawyers in the world.


    http://www.youtube.com/watch?v=oGyJx_9iSO4

    If trademark law allow youtube to resiger the name "youtube" as trademark and fight anyone who register XXXX+youtube.com, then can I register the name "tube" as my trademark name so that I can sue youtube.com because they are infringing my trademark name "tube" in their domain youtube.com?


    Big flaw here. You can't register a name someone else is already using for a similar usage and sue them for trademark infringement. Like I said, do a little research before inserting foot in mouth.


    Can I register the name "point" as my trademark and sue digitalpoint.com and sitepoint.com because they have my trademark "point" in their domain name?


    No.

    If trademark law allow IBM and CNN to resiger 3 letters as trademark and fight anyone who register XCNN.com or XIBM.com, then can I register 3 letters "COM" as my trademark name so that I can sue any website because they are infringing my trademark name "COM" in their domain.com?


    No, don't be stupid. See above.



    You said:
    <<<
    they can sue you for all money ever generated plus damages
    >>>

    Youtube can not just anyhow sue like this. They must prove with explicit evidences. If they can sue anybody, then I can sue my domain register because they allow pp register XXX+trademark.com

    Wrong. Youtube can sue anyone they want. They don't have to prove squat to file a lawsuit.

    If youtube sue me, I sue my domain register --> fair enough? my domain register sue the lawyer because the lawyer forgot to put the term "nobody can register XXX+trademark"

    No, you can't sue your register. Had you bothered to read the TOS when you registered a name, it says it is YOUR responsibility to check for trademarks PRIOR to registering any domain and they have no liability if you don't.

    Finally, I will sue you because you damage my domain name. We will sue each other. PP like to sue each other to make money, right?


    Guy like you usually have a net worth that when combined with a quarter won't buy you a cup of coffee. You don't have the tens of thousands of dollars to see a lawsuit through the initial court trial, and certainly not the hundreds of thousands it would take to see it through appeals.

    What's the actual damages to a domain name and site like yours which has a worth of about $0 or less?

    You don't have a trademark, in fact, you tried to steal someone else's. Any suit you brought would be laughed out of court. Judge's don't like frivolous claims as it wastes the court's and the other parties' time, resources and legal fees. The court would likely levy sanctions against you.

    Next time, try to come up with an original idea and don't try to make money off a trademark owned by someone else.


    "Do not register the YouTube trademarks as second-level domain names or incorporate YouTube trademarks into your own product name, service names, trademarks, logos, or company names."

    http://code.google.com/apis/youtube/branding.html
     
    mjewel, Dec 14, 2008 IP
  14. vgps

    vgps Peon

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    #14
    <<<
    If the law never explicit said that, who can prevent me to register XXXX+trademark.com?

    Are you too lazy to do any research yourself?
    >>>


    --> Are you too lazy to do any research as well? there is nowhere in the law said that: one can not register XXXX+trademark.com domain name. remember, I am talking about domain name, not product name or something else.

    I remember I heard from someone like this: in US, if US law did not explicit prohibit onething, you can do it until they change the law.


    <<<
    What's the actual damages to a domain name and site like yours which has a worth of about $0 or less?

    You don't have a trademark, in fact, you tried to steal someone else's.
    >>>

    Who say I am trying to steal someone else's? How about motorolafans.com? how about nokiaforum.com? nokiafan.com? youtubefan.com? Did they try to steal someone else's trademark like me?

    In my opion, moneyoutube.com and nokiaforum.com or motorolafans.com just have the same concept. nobody is stealing here.

    You should put it this way: youtube help mysite to do business. Mysite help youtube to do buniness in return.

    <<<
    "Do not register the YouTube trademarks as second-level domain names or incorporate YouTube trademarks into your own product name, service names, trademarks, logos, or company names."
    >>>

    What is the different between top-level domain name and second-level domain name?

    Read this and pay attention to two paragraphs "As the website itself was not the product being purchased, there was no actual consumer confusion, and so initial interest confusion was a concept applied instead" and "it allows a trademark infringer to capitalize on the goodwill associated with the original mark" :

    The advent of the domain name system has led to attempts by trademark holders to enforce their rights over domain names that are similar or identical to their existing trademarks, particularly by seeking control over the domain names at issue. As with dilution protection, enforcing trademark rights over domain name owners involves protecting a trademark outside the obvious context of its consumer market, because domain names are global and not limited by goods or service.

    This conflict was more easily resolved when the domain name user actually used his website to compete with the trademark owner. Cybersquatting, however, involves no such competition, but instead an unlicensed user registering the trademark as a domain name in order to pressure a payoff (or other benefit) from the lawful mark owner. Typosquatters—those registering common misspellings of trademarks as domain names—have also been targeted successfully in trademark infringement suits. Other types of domain name disputes include the so-called "gripe site," which use a registered trademark in a domain such as "[trademark]sucks.com." There are also disputes arising from the subdomain, when a third party uses a protected mark in a web address such as "[trademark].[legitimatedomain].com." [2]

    This clash of the new technology with preexisting trademark rights resulted in several high profile decisions as the courts of many countries tried to coherently address the issue (and not always successfully) within the framework of existing trademark law. As the website itself was not the product being purchased, there was no actual consumer confusion, and so initial interest confusion was a concept applied instead. Initial interest confusion refers to customer confusion that creates an initial interest in a competitor's "product" (in the online context, another party's website). Even though initial interest confusion is dispelled by the time any actual sales occur, it allows a trademark infringer to capitalize on the goodwill associated with the original mark.
     
    vgps, Dec 14, 2008 IP
  15. mjewel

    mjewel Prominent Member

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    #15
    "Stupid is as stupid does."

    F. Gump
     
    mjewel, Dec 14, 2008 IP
  16. bukecash

    bukecash Peon

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    #16
    make a website about how to monetize your youtube account. You can still get good organic listings for that domain.
     
    bukecash, Dec 14, 2008 IP
  17. fontoo

    fontoo Peon

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    #17
    It´s a quite good domain, not sure about the legal stuff though
     
    fontoo, Dec 14, 2008 IP
  18. Pixelrage

    Pixelrage Peon

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    #18
    Those would be seen as too vague and common sense would rule in court. If "ACNN.com" is attempting to be a news site, they'd be in trouble. If LG.com is selling windshield wipers or party balloons, then they have every right to keep that domain.
     
    Pixelrage, Dec 15, 2008 IP
  19. vgps

    vgps Peon

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    #19
    mjewel said:

    <<<
    Stupid is as stupid does.

    F. Gump
    >>>


    My answer to you:
    Why did you say that? When you loose a debate, the best thing to comfort yourself is saying what you said. I understand why you have to say that. :) You need to learn more to become good lawyer.

    Let me show you how to debate.

    You said:
    <<<
    Wrong. Youtube can sue anyone they want. They don't have to prove squat to file a lawsuit.
    >>>

    My answer to you:
    Before the court, everything must have evidence. youtube can not just anyhow sue me and claim damage 1 million dollars charge on me.

    Why they can not do it? Because they can not answer if I ask them:
    Can you prove to the court that you damage 1 millions because of my site? Can you prove how may traffics have been redirect from youtube.com to moneyoutube.com? can you show me how you calculate the 1 millions damage? etc...

    One more thing I want to hightlight to you: When you refer to "squat" in your statement, did you mean I am squatting a trademark youtube? If yes, you need to do research more about what is squatting. "Cybersquatting, however, involves no such competition, but instead an unlicensed user registering the trademark as a domain name in order to pressure a payoff (or other benefit) from the lawful mark owner"

    Take LG as example, LG is a trademark, but LG company can not register domain lg.com because somebody else already take it. If the owner of lg.com domain try to contact lg company and attempt to sell lg.com to lg company at non-reasonable price then lg company can sue him as Cybersquatting. If he never contact lg and never offer to sell lg.com to LG company, then LG has no right to sue him squatting the lg.com domain.

    Back to my case, I did not attemp to sell moneyoutube.com to youtube.com so youtube.com surely will loose if they try to sue me squatting youtube.com domain.

    moneyoutube.com is not a Cybersquatting case because I did not attempt to sell it to youtube.com. But I can sell it to someone else.

    moneyoutube.com is not a Typosquatters case because there is no typo here.

    moneyoutube.com is not a gripe site case because it is not youtubesucks.com

    So you may ask: what is moneyoutube.com's case? The answer is: moneyoutube.com is trademark goodwill case.

    I can give you some sample about this trademark goodwill case:

    For example, all of you know about redtube.com, right? the site is a tube to broadcast adult clips.

    Let say, if I register a domain iloveyoutube.com (unfortunately, somebody already registered the name iloveyoutube.com, if not I will take it for sure) and broadcast adult clips "ILoveYou" so the site product is "Iloveyou"+"tube" --> I challenge ANY LAWYERS can sue the site iloveyoutube.com infringe youtube.com trade mark.

    Back to my case, I can argue my product is "moneyou" and mysite is a tube to broadcast "moneyou" clip --> Who can sue moneyoutube.com infringe youtube.com trade mark? There is another site moneyou.com they can sue moneyoutube.com infringe moneyou.com if they want :)


    markn26 said:
    <<<
    If "ACNN.com" is attempting to be a news site, they'd be in trouble. If LG.com is selling windshield wipers or party balloons, then they have every right to keep that domain.
    >>>

    Yes, markn26 is right.


    bukecash said:
    <<<
    make a website about how to monetize your youtube account. You can still get good organic listings for that domain.
    >>>

    Thank for you suggest, I will do it. I even register another domain similar to it but better than it: http://www.earnmoneytube.com What do you think about earnmoneytube's value?

    fontoo said:
    <<<
    It´s a quite good domain, not sure about the legal stuff though
    >>>

    Don't worry about the legal stuff. When come to the court, if you know how to argue --> who know who will win.

    Yes, it is quite good domain but mjewel damage my domain name. Yesterday, I asked my lawyer to prepare a lawsuit to sue him.

    To mjewel, can you give me your full name and address, contact phone number, my lawyer want to talk to you. Are you afraid of being sue by my lawsuit? :)
     
    vgps, Dec 15, 2008 IP
  20. Anatoly

    Anatoly Peon

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    #20
    TM violation so its worthless, sorry
     
    Anatoly, Dec 16, 2008 IP