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?



7 Responses to “The guys suing YouTube are infringing YouTube’s trademark”


  1. 1 Ali

    lol, good observation

  2. 2 Bull3t

    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.

  3. 3 Ali

    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?

  4. 4 David Petherick

    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. ;-)

  5. 5 Stan Schroeder

    @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.

  6. 6 Derek

    That’d be true if YouTube had registered trademarks - the USPTO database indicates that YouTube has nothing more then trademark application

  7. 7 samuel bautista lazo

    WHAT DO YOU GUYS THINK OF THIS ONE?
    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 :( my subscribers and I are sad because is a big lost of good moments captured in my videos.

    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

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