The guys suing YouTube are infringing YouTube’s trademark
*Disclosure: Full credit for this one goes to one of our readers, David Petherick, who first noticed this.
So, the English Premier League has set up a web site, www.youtubeclassaction.com, in which they call everyone who feels their copyright has been infringed by a video on YouTube to join the lawsuit against YouTube.
What they aren’t aware of is the fact that, with a domain like youtubeclassaction.com they’re infringing YouTube’s trademark. YouTube could (and if I were the boss around there, I’d do it, just for kicks) send a cease & desist letter asking them to change the domain name to something else, like thatvideositeclassaction.com, or youknowwhichsiteweretalkingaboutclassaction.com. After all, you’re required to enforce your trademarks, right?
May 5th, 2007 at 6:49 am
lol, good observation
May 5th, 2007 at 10:14 am
Apparently they can actually do that aswell, nothing stops them and it would be quite a laugh. Why people think they can sue the daylights out of YouTube because of what they host, when they clearly state that they are not held responsible for any of the videos thereby hosted on their website (other than those submitted by YouTube itself), I don’t know.
May 5th, 2007 at 11:50 am
I think though that youtube can’t technically sue them if they are not based in the U.S? Am I right?
Anybody knows all the legalities for this kind of thing?
May 5th, 2007 at 1:42 pm
The lawyers raising the class action are based in New York, New York, US of A - and their name is on the site. My attorney, speaking off the record from his Vegas motel room, advises me that they should send that letter.
Proskauer Rose LLP
1585 Broadway
New York, NY 10036-8299
www.proskauer.com
Bernstein Litowitz Berger & Grossman LLP
1285 Avenue of the Americas
New York, NY 10019
www.blbglaw.com
And I do hope that their web site complies with all legislation for accessibility.
May 5th, 2007 at 2:31 pm
@David: it would be funny if YouTube actually sent a C & D letter; not that it would change anything in the grand scheme of things, but it would surely be a laugh. Thanks again for the idea.
May 15th, 2007 at 2:18 am
That’d be true if YouTube had registered trademarks - the USPTO database indicates that YouTube has nothing more then trademark application
January 30th, 2008 at 7:06 pm
WHAT DO YOU GUYS THINK OF THIS ONE?
my subscribers and I are sad because is a big lost of good moments captured in my videos.
I may wan to sue youtube, I was uploading videos (+- 248)of the culture and traditions of oaxaca, A couple of days ago I uploaded a video of a graffiti wall, it showed some obscene words in Spanish, a suggestive image but nothing that appeared to me to violate the user’s terms and conditions, I mean people see these walls all the time, the pictures were censured.
But they just deleted all of mi videos and account on youtube, I erased most of these videos on my computer after uploading them on youtube and now I lost them permanently
Could you please comment on this,
actually I just want to get my account back, why would they delete it all, if all of the other videos are cultural, but the one that I mentioned, I emailed customer service to find out, it may be that my account was hacked and deleted by somebody else,
www.youtube.com/dixza
March 5th, 2009 at 4:08 am
Keep working ,great job!
June 28th, 2009 at 3:05 pm
Cheers to the author for an informative post. Just want to say thank you.
November 8th, 2009 at 4:11 am
Thank you for your help!
December 10th, 2009 at 9:28 am
Good post mate!! Keep ‘em flowing!
February 26th, 2010 at 10:50 am
Thank you for all the detail… Yet one more nice thread, it is the reason I come back for a blog site usually!
OLLIE