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{Something}TUBE.com TM questions

Discussion in 'Legal Issues' started by Omas, Feb 21, 2008.

  1. #1
    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?
    SEMrush
     
    Omas, Feb 21, 2008 IP
    SEMrush
  2. Diablos

    Diablos Guest

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    #2
    I don't think you will have any problems there are already hundreds of these operating
     
    Diablos, Feb 22, 2008 IP
  3. ARonald

    ARonald Peon

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    #3
    There are plenty of domains registered which end with tube. No issues so long as your domain does not confuse end users.
     
    ARonald, Feb 22, 2008 IP
  4. jss4ever

    jss4ever Well-Known Member

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    #4
    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
     
    jss4ever, Feb 22, 2008 IP
    sawz likes this.
  5. Omas

    Omas Peon

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    #5
    Thanks for your answers :)
     
    Omas, Feb 22, 2008 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    It would likely be trademark infringement since you are embedding youtube vidoes. Whether or not you would face legal action is unknown.
     
    mjewel, Feb 22, 2008 IP
  7. productions

    productions Peon

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    #7
    tube is likely generic for video so youtube's trademark protection is relatively weak.
     
    productions, Feb 23, 2008 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    Wrong. And when you are using their content, it would certainly be infringement.
     
    mjewel, Feb 23, 2008 IP
  9. productions

    productions Peon

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    #9
    Wrong. Plus their content isn't copyrighted because they did not create it.
     
    productions, Feb 23, 2008 IP
  10. productions

    productions Peon

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    #10
    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.
     
    productions, Feb 23, 2008 IP
  11. mjewel

    mjewel Prominent Member

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    #11

    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.
     
    mjewel, Feb 23, 2008 IP
  12. productions

    productions Peon

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    #12
    I wasn't talking about the trademarks I was talking about the copyrights quote: "if you copy their content...".
     
    productions, Feb 25, 2008 IP
  13. mjewel

    mjewel Prominent Member

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    #13
    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.
     
    mjewel, Feb 25, 2008 IP
  14. productions

    productions Peon

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    #14
    This the copyright quote I was talking about. content=copyright is how I read it.
     
    productions, Feb 25, 2008 IP
  15. productions

    productions Peon

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    #15
    But I agree with the trademark issue, I wouldn't build a business around a name that google owns.
     
    productions, Feb 25, 2008 IP
  16. swiftest

    swiftest Member

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    #16
    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.
     
    swiftest, Feb 27, 2008 IP