Legal Issues with domains facebook/youtube - GoFuckYourself.com - Adult Webmaster Forum

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fris

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#1

Legal Issues with domains facebook/youtube

11-22-2010, 12:43 PM

Whats the legal stand on domains with facebook or youtube in the name, i see if you search on google for youtube downloaders as an example you will see lots of domains beginning with youtube.

Anybody wanna comment on this?

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AzteK

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#2

11-22-2010, 01:16 PM

It's a trademark and they can and will take it from you.
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JA$ON

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#3

11-22-2010, 01:20 PM

I had one with facebook in it (adult)

put it live and they sent a letter in about 48 hrs. It said something like "we will ASSUME" you didnt know this was not ok. take down the page, dont sell or transfer the domain. Just let it expire. (form letter)

Took it down and emailed them right away...no more issues
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fris

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#4

11-22-2010, 01:26 PM

how do the urls with youtube stay up so long?

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AzteK

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#5

11-22-2010, 01:48 PM

I don't know, but this is funny:
http://www.youtubedoubler.com/
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AzteK

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#6

11-22-2010, 01:48 PM

Let's see some samples. Maybe they're promoting youtube in a way?
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XPays

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#7

11-22-2010, 01:49 PM

facebook has been on a mission lately protecting their tm

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#8

11-22-2010, 01:49 PM

i dont even buy them to add to my collection..lol

it seems dangerous

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gideongallery

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#9

11-22-2010, 03:56 PM

you do realize that trade marks are scope limited and do have fair use uses as well.

The out of scope uses of a mark are a hell of a lot easier to accomplish, the fair use descriptions are a little harder but doable.

if you are doing something that is youtube associated, (like a tool that helps you submit videos to youtube automatically, video commenting crosslink etc all in one) you would most likely be fine.

facebook is going a little overboard with their TM protection especially considering that the movie documented the prior art quite clearly. If you patterned a site around the original "facebook" concept that existed at harvard, or the dating site that was harvard connect.

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pornlaw

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#10

11-22-2010, 03:56 PM

Any domain name with someone else's trademark or common law mark can and more than likely will land you in an UDRP action at best or as a defendant in a TM lawsuit unless it is a nominative fair use.

Here's a case involving the domain www.Buy-A-Lexus.com. The court ruled in favor of the defendant and awarded him costs on appeal. The little guy wins one.

http://www.metnews.com/sos.cgi?0710%2F07-55344

Here's one though where one partner held a domain name of a business (no TM) as collateral against money owed to him by his former partner and redirected traffic. The court held that was bad faith and awarded the plaintiff $150,000+ in damages in lost profits.

http://www.metnews.com/sos.cgi?1010%2F08-55062

So be careful and check TMs before registering domain names.

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topsiteking

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#11

11-22-2010, 03:56 PM

Originally posted by AzteK

I don't know, but this is funny:
http://www.youtubedoubler.com/

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closer

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#12

11-22-2010, 04:04 PM

4 rules on how to loose your domain name if it has an existing trademark incorporated

Bad faith, if proven, you always loose the name.
Causing confusion to the surfer (eg same style design) with an existing trademark, if proven, you always loose the name.
Profiting financially from an existing trademark, if proven, you always loose the name.
Typo squatting (goes to "causing confusion" AND "bad faith"), if proven, you always loose the name.

Youtubedoubler can stay online as they are (at first glance) not commercial and do not use the logo or design of youtube. They also do not bash Youtube.com

Last edited by closer; 11-22-2010, 04:11 PM.

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#13

11-22-2010, 04:05 PM

they are trying to sue http://lamebook.com or so they claim

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#14

11-22-2010, 04:32 PM

when you start generating some traffic with them is when you will get the C&D notice in the mail. I got one from Red Tube once and turned over a domain to them.

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#15

11-22-2010, 04:35 PM

Originally posted by AzteK

It's a trademark and they can and will take it from you.

What you said. I know a guy who was using the name of an adult network with which he is affiliated in a domain name and he got popped by that very network! Probably will cost them a little money but in the long run, they are protecting their intellectual property.
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#16

11-22-2010, 05:26 PM

I have a very good friend of mine that has a a site with the word "book" in it and is being chased down by facebook in a serious manner... He is going to fight them on it and should cost him a ton of money but it is hard to prove that a general word like Face or Book in it can be owned but one company but they are going to try. They are going after mostly TM names first then moving on to general ones.

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minicivan

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#17

11-22-2010, 06:22 PM

The answer to this question is fairly simple and the answer is found in answering two questions that only you can answer. "how bad do you want to be sued" ... "how much do you want to pay to defend yourself against a 6 figure lawsuit"

At the end of the day, it's your answers to those two questions that matter first and foremost.

The law is irrelevant when it requires you to go to court with 500.00/hr attorneys to prove you're right or to do so simply to learn that you're wrong.

Last edited by minicivan; 11-22-2010, 06:23 PM.
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DaddyHalbucks

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#18

11-22-2010, 07:23 PM

Originally posted by minicivan

The answer to this question is fairly simple and the answer is found in answering two questions that only you can answer. "how bad do you want to be sued" ... "how much do you want to pay to defend yourself against a 6 figure lawsuit"

At the end of the day, it's your answers to those two questions that matter first and foremost.

The law is irrelevant when it requires you to go to court with 500.00/hr attorneys to prove you're right or to do so simply to learn that you're wrong.

Very good point.

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#19

11-23-2010, 12:02 AM

if it has the name in it, they can open a WIPO case against you

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#20

11-23-2010, 12:43 AM

its up to the TM holder if they wish to pursue you for the domain or not. Facebook is quite litigious although YouTube isn't. Its up to what you're doing with the name too, if you're dilluting the value of the TM, expect their lawyers to come after you.
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fris

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#21

11-25-2010, 05:08 PM

it seems facebook cares more than youtube about those domains

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Cyber Fucker

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#22

11-25-2010, 05:26 PM

Well, now Facebook wants even every domain with the word "Face" in it.

http://techcrunch.com/2010/11/23/pat...ace-trademark/
http://www.bbc.co.uk/news/technology-11837939

I think it's all stupid and only about money and greed.
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#23

11-25-2010, 05:32 PM

Originally posted by fris

Whats the legal stand on domains with facebook or youtube in the name, i see if you search on google for youtube downloaders as an example you will see lots of domains beginning with youtube.

Anybody wanna comment on this?

kinda funny

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Agent 488

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#24

11-25-2010, 05:34 PM

http://dumphub.com/
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fris

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#25

11-25-2010, 06:59 PM

Originally posted by Danmixz

kinda funny

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#26

11-25-2010, 07:24 PM

Originally posted by Exit-chat

I have a very good friend of mine that has a a site with the word "book" in it and is being chased down by facebook in a serious manner... He is going to fight them on it and should cost him a ton of money but it is hard to prove that a general word like Face or Book in it can be owned but one company but they are going to try. They are going after mostly TM names first then moving on to general ones.

I own BallroomBook.com, and would like to hear the outcome of the suit. I too, will stand up for my rights.

Facebook, doesn't own all faces or all books. They just own Facebook.

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garce

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#27

11-25-2010, 09:58 PM

Facebook is a shithole. I actually "deactivated" my personal account the other day. I sold the others in Aug/Sept.

As for youtube download sites - Just make a WP tube site and add a youtube download page. Don't call it youtube downloads. 99% of the youtube download sites are crap and don't work. I have a site where you can enter a youtube url and download the video. Has nothing to do with youtube.

I'm gonna go to bed.
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DBS.US

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#28

11-25-2010, 10:10 PM

Just don't mess with them

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#29

11-26-2010, 10:28 AM

Originally posted by comeplay

they are trying to sue http://lamebook.com or so they claim

I just want to let you know. That because of you I have been reading lamebook for 2 days straight now. This site is fucking hilarious.
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Barry-xlovecam

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#30

11-26-2010, 11:28 AM

Lamebook looks like a parody. I read they were approved to trademark "face" as it applies to Facebook.
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