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utube.bz

Discussion in 'Domains' started by dreamedia, Jun 10, 2009.

  1. #1
    utube.bz $20 or best offer

    domain with namecheap
    SEMrush
     
    dreamedia, Jun 10, 2009 IP
    SEMrush
  2. enormous

    enormous Well-Known Member

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    #2
    even though it is spelled differently it is still considered a trademark name.
     
    enormous, Jun 10, 2009 IP
  3. vccseller

    vccseller Active Member

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    #3
    vccseller, Jun 10, 2009 IP
  4. dreamedia

    dreamedia Peon

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    #4
    enormous, you haven't even spent 5 minutes reading anything about trademark law.

    You do understand the use of "classes" in trademark law? Further, if you know that google doesn't have a trademark on "utube", why did you bother shitting in my thread? The "utube" trademark is in manufactoring, not media.


    ps. i'm going to offline for the next 10hrs & payment is via confirmed paypal. cheers.
     
    dreamedia, Jun 10, 2009 IP
  5. mjewel

    mjewel Prominent Member

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    #5

    I don't know about the other poster, but I have many years of experience in trademark law. Trademarks do not have to be exact to be infringement, they can be similar spellings, phonetic spellings, foreign spellings. Trademarks are established by classification (although famous marks can have much more broad protection). You might get away with using the domain for something other than videos provided you are not infringing upon another prior usage.
     
    mjewel, Jun 10, 2009 IP
  6. dreamedia

    dreamedia Peon

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    #6
    mjewel, considering your not a lawyer, why are you giving halfassed legal advise? Trademarks are NOT established by classification.

     
    dreamedia, Jun 10, 2009 IP
  7. mjewel

    mjewel Prominent Member

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    #7
    Registered trademark (such as YouTube AND utube) are granted by classification. Common law marks are established with usage. Famous marks can have broader protection. You comments about "utube" only being a trademark for "manufacturing" proves you either:

    a) Don't have a clue about trademarks.

    b) You know about trademarks but are acting stupid and misleading because you are trying to pawn some domain off on some unsuspecting sucker.

    Doesn't seem to be working for ya.
     
    mjewel, Jun 10, 2009 IP
  8. dreamedia

    dreamedia Peon

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    #8
    Considering your appointing yourself as a expert in legalese, please supply some proof that "trademarks are ESTABLISHED by classification"?

    "ESTABLISHED" is not a legalese term used by any law society, proof that you are talking out of your arse & that amateurs should not be giving legal advise.

    The use of the word "utube" in a domain is LAWFULL, on the basis of the content published on the site. Your lack of imagination is the only crime.
     
    dreamedia, Jun 11, 2009 IP
  9. mjewel

    mjewel Prominent Member

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    #9

    "established trademark"


    You were talking about registered marks, and when you register a mark, you have to specify a classification(s) to establish your registered trademark. You can't have a trademark without first having usage. Usage is what establishes your rights. It's a simple process that obviously exceeds your comprehensions capacity.

    What don't you understand about this?

    "Registered trademark (such as YouTube AND utube) are granted by classification. Common law marks are established with usage."

    You can try and deflect as much as you want, but the fact remains, anyone using this domain is looking for potential legal problems for infringement. There is a history of a trademark dispute over the usage of utube AND youtube. Now the difference here is the the utube.com domain predated "youtube" which removed a bad faith registration claim. The .biz you are trying to pawn off doesn't have that protection.

    If nothing else, I have exposed your ignorance on common law trademarks or caught you in an outright lie. It looks like you will need to try and find a mark elsewhere.
     
    mjewel, Jun 11, 2009 IP
  10. dreamedia

    dreamedia Peon

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    #10
    paypalsucks.com is a LAWFUL use of a domain with a trademark.

    You stated you have many years of experience with trademark law in this thread to claim status as "expert" authority in matters related to trademark & IP law. On the basis you are a "expert", how come you are not aware of famous trademark caselaw like paypalsucks.com?

    There is a maxium of law "massive incompetence is equal to fraud". Are you a fraud or just lieing about your years of experience?
     
    dreamedia, Jun 11, 2009 IP
  11. mjewel

    mjewel Prominent Member

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    #11
    Do a search on my posts. I have posted at least 20 times about paypalsucks. "Sucks" sites can fall under free speech because it removes the "likelihood of confusion" because a consumer isn't going to think the TM holder would operate such a site. The site also needs to be non-commercial. Paypal could bring suit against this particular site if they choose. This argument is completely irrelevant to your domain and a rather poor attempt to deflect from your ignorance.

    You should really have stuck to hawking Florida swamp land. You keep digging your hole deeper and deeper. You're desperate - it shows. lol.
     
    mjewel, Jun 11, 2009 IP
  12. dreamedia

    dreamedia Peon

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    #12
    "free speech" ROFL, i think there is a likelihood you are confused.

    Free speech has nothing to do with it, paypalsucks.com is one of many examples of negating "likelihood of confusion". A satire or parody site are other examples of LAWFUL use of a trademark word, by negating likehood of confusion. As i said before, the only crime is YOUR lack of imagination.

    Pretty pathetic arguement "Paypal could bring suit against this particular site if they choose", arn't you man enough to admit that your wrong? Considering paypalsucks.com is causing paypal tens of millions of dollars damage they justt "choose" not to do anything? O'rly? rofl

    Its interesting that you should mention "free speech", when was the american constition included into WIPO treaties? Of course you know with your "many years of experience" that domain disputes are run thru WIPO arbitrations not the USA legal system [which is the law you have been Copy and pasting].

    The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations, how can you not be talking out of your arse if you are using "free speech" in the context of the UN?

    Guess where google/youtube take their domain/trademark legal issues? WIPO arbitration. International treaties are the name of the game if you are doing business on the interwebs, because international treaties negate national sovereignty in the context of commerical law.

    You claim their is a history of disputes with domains including the word "utube", funny how there are ZERO arbitrations at WIPO for utube domains. Was the boy crying wolf or just full of shit?

    "youtube" is a common law trademark that is not "confusingly similar" to "utube", thats why are all the other "utube" domains have not been taken to WIPO arbitration. utube is the common law & reg trademark of utube.com, not youtube.com, thus making it LAWFUL to use the domain on the basis of the content published.

    I find it amusing that you would suggest that google, who are totally dependent on trademark & IP laws, would be letting these numerous "utube" domains go unchallenged under WIPO treaties considering it only costs $200/domain to run domains thru WIPO arbitration & its a 14 day turn around on decisions.

    Considering you have previously stated in your “expert” opinion that:

    “Many times it's the usage on the site that determines infringement. You could own apple.net and there would be no problem operating it as long as you didn't put content about music, computers, etc....”

    how come now you are calling me a fraud on a public forum for a domain that’s not even a direct match or a misspell, but apple.net is ok? I suggest its LAWFUL to use the domain if you are mindful of classification, but you call me a fraud, even though your past post show that you agree?

    Are you going to be man enough to apologise or just "cease & desist"?
     
    dreamedia, Jun 11, 2009 IP
  13. mjewel

    mjewel Prominent Member

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    #13
    I am now utterly convinced that you are a moron.

    This is the last time I will waste my time schooling you. Everything you posted is complete bullshit - right down to the cost of arbitration.

    Forget about WIPO - but read about the Madrid Protocol, idiot.

    We are talking about lawsuits for trademark infringement. That has nothing to do with a WIPO action. You don't sue with a WIPO action, lol.

    "Guess where google/youtube take their domain/trademark legal issues? WIPO arbitration."

    More BS. The utube vs. youtuve suit was filed in Ohio federal district court.


    "how come now you are calling me a fraud on a public forum for a domain that’s not even a direct match or a misspell, but apple.net is ok? I suggest its LAWFUL to use the domain if you are mindful of classification, but you call me a fraud, even though your past post show that you agree?"

    Are you going to be man enough to apologise or just "cease & desist"?


    Apple is a common generic word, not a coined term. Of course you could use apple.net to sell fruit or some other non-infringing usage.

    Paypalsucks was fine until they started using it for commercial usage. That gives the TM holder cause to file a lawsuit (sucks sites have been shut down). Free speech not an argument? What an idiot!!!
    Court Finds 'Gripe Site' Is Protected Free Speech, Not Defamation


    PayPal could easily shut down the sucks site if for no other reason than they could outspend the owner. It would take a million dollars or more to fully defend an infringement case (ask perfumebay, which lost to ebay). Do you have any proof that it has cost them tens of millions of dollars? Of course you don't because like everything else you post, it's BS. PayPal likely hasn't acted because it would bring huge amounts of negative press for attempting to shut down free speech. It's a site that likely has any real impact on their business and if they shut it down, another would pop up without an infringing domain name.

    Now utube isn't a common word like apple. The .biz was registered AFTER youtube and utube were established. That opens the door for a bad faith registration claim. You might be able to get away with using the domain for anything non-video related, like selling tubes for bike tires - but if youtube every decided to file a trademark suit, they would win because no one would spend a million dollars to defend a crappy .biz domain.

    Now the good news is that the .biz is probably not worth their time, likely gets zero type-in traffic, and by redirecting to a cheesy low-budget real estate site is something they probably wouldn't bother with - and you probably don't have a net worth to collect anything from anyway.

    Judging from your last post, you might not be a fraud, just an idiot who knows absolutely nothing about trademark law. "apologise" [sic]. lol.

    Schools out!!!
     
    mjewel, Jun 12, 2009 IP