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Old 10-11-2007, 09:47:25 AM     #1 (permalink)

 
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level200 is infamous around these partslevel200 is infamous around these parts

houtube.co.uk trademark

does anyone know if the name houtube comes under youtube trademark?
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Old 10-11-2007, 10:37:23 PM     #2 (permalink)

 
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depends on the use.

If it's use is for something completely unrelated then there wouldn't be any issue.

You could even have a company called 'youtube' and have no trademark problems if you operated in a field very different to the video website.
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Old 10-11-2007, 10:52:53 PM     #3 (permalink)

 
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But I guessed you regged it as a YouTube typo, given the '0' OVT score, you probably haven't got much traffic on it. Even if you have got traffic, social networking sites typos including youtube have an awful CTR on parking.

But best of luck - perhaps you will use it as a Web Shopping site for a perculiar form of womens lingerie


Best Regards


John
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Old 11-11-2007, 07:39:18 AM     #4 (permalink)

 
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Section 10(3) of the Trademarks Act says:

3) A person infringes a registered trade mark if he uses in the course of trade a sign which—

(a) is identical with or similar to the trade mark, and

(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered,

where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.


This means that for very famous trademarks you can infringe the trademark if you register a domain name that is similar, but not identical, even if you use it for a totally different service.

Therefore it could be argued that the registration of the domain name houtube.co.uk is an infringment of Youtube's trademark no matter what you use it for.

Last edited by richardc; 11-11-2007 at 07:42:42 AM.
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