utube.com sues youtube.com

28 comments

TOLEDO, Ohio (AP) -- A company that shut down its website because it was overwhelmed by millions of people looking for YouTube has sued the online video-sharing portal.

"We were there first by 10 years," Girkins said.

The confusion took off a couple of months ago, Girkins said. The company, with just 17 employees, got 68 million hits on its site in August, making it one of the most popular manufacturing websites.

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Founders Note:
Also worth noting on that page is that YouTube plans on allowing mobile videos to display on cell phones / PDA's.

Comments

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Funny, I actually just went to that site yesterday by mistake.

"Girkins has said the

"Girkins has said the company was looking to sell the Web address and find a new home for its website."
no shit, he'd have buyers lining up at the door, then redirecting the traffic through Google's domain parking program :)

68 million hits my ass

Alexa 13000.

Well, there was a spike a few days ago. I guess that was the day the takeover was announced. Back to normal now though.

Jill broke it! *points*

>>Funny, I actually just went to that site yesterday by mistake.

It was Jill's visit that put uTube's server over the edge. hhh

you think that website is

you think that website is for sale?

And they are complaining...

Change their own domain and whack some contextual ads on there or something...

Remember who you are dealing with

Just note that you have to remember who you are dealing with... it's a manufacturing company... not some savvy online marketer... I highly doubt they have even heard of Google's domain parking program.

All they know is that their website is down 1/2 the time with people looking for videos of kids riding donkeys or whatever rather than intrested in their product.

http://www.utube.com/

look at the bottom... even their developer hyperlinked their name rather than 'web development' or something along those lines.

That being said, I think that it's more than 'changing their name' there is print stationary, it literally means and entire company change as well as a new branding campaign for their new name.

I bet they get 2-3 million from YouTube...

>> Service Unavailable

When I just visited their site I received, "Service Unavailable"... bummer.

Now it's USA Today's fault

that article put them over the limit...

>I bet they get 2-3 million

>I bet they get 2-3 million from YouTube.

I'll cover that bet!

Too bad they didn't have the

Too bad they didn't have the foresight to grab http://www.universaltube.com/. Looks like a different company.

I couldn't imagine a judge would rule in their favor because "you" tube is different from "u" tube, not only in spelling but in the entire business model.

The Guy

The guy who owns the company was on CNBC the other day complaining about it and how their site has gone offline and hosting was shut down. I'm pretty sure he said he was already offered $1 million for the domain.

He's getting bad advise

I don't know who recommended the lawsuit, but I am sure they could get more from selling the domain to some arbitrage expert instead of suing Google.

Any guesses what that kind of money 100k/month mis-directed hits would be worth if it was a parked domain for a company without an affiliate model or a CPC buy?

OOOPS

Quote:
It was Jill's visit that put uTube's server over the edge. hhh

ROFL

Silly Season so soon?

It would've been like me trying to sue the local movie theater that got a phone line that was 1 digit off from my phone number because people were too stupid to dial correctly. My revenge was to just start pissing off the people that couldn't dial, so when someone would ask me what time a movie came on I'd just tell them it was time to go buy a newspaper and look it up yourself you cheap bastard and hang up, or something equally as obnoxious.

A few people asked for my name as they were going to speak to the manager about my rude and insolent tone, I told them "Tell that fat prick Bill told you to f' off" and hung up. They didn't have anyone named Bill working there so it was safe, and one night I went to the movies just as some irate people came in asking for the manager and demanding "Bill" was fired! I could barely contain myself.

Surprisingly, that theater went out of business.

So maybe the UTUBE people should just change the home page to tell people that can't spell or type that they should get a life and stop jerking off in flower pots so their offspring aren't bloom'n idiots as well.

If they did nothing else, they could kill that big 120K animation on the home page that has to be nuking the bandwidth until this shitstorm passes.

I agree with the rest of you, time to sell that domain or market the shit out of it with a partner because it might make more money than their little tube business in the short run.

I sure hope the judge has enough common sense to toss the case out as I'm getting mildly distraught with the mental midgets ruling on cases these days.

NOT blooming idiots

I agree that the Utube folks could be a lot more savvy in how they're handling this, but if Joe Public or Jane heard about the YouTube sale on TV or radio, they wouldn't necessarily know how it was spelled.

Those users are NOT blooming idiots for typing in "utube" to see what's there; it's a perfectly reasonable guess.

LOL

Got Buckworks all riled up, hi there ;)

All visual ads show the full spelling of the name in and ads on the radio spell it out so if they can't figure out Y O U T U B E .com isn't the same as U T U B E .com, I'll still with bloom'n idiots.

Not to mention YouTube is in the press and on the news, you would have to be a hermit to miss it.

blah blah blah but there's

blah blah blah but there's still trademark law and youtube is liable for some of the consumer confusion. If utube can make a proper legal case they can get some accommodation. If Youtube were smart, they would help utube out.

If

Quote:
if Joe Public or Jane HEARD

I'm a pretty good speller but there's a good chance I'd spell IncrediBILL wrong if I only HEARD it, y'know, and only a blooming idiot would call me stupid if it took more than one try to get it right. I've heard YouTube mentioned more than once on broadcast news and it was NOT spelled out.

This case points out the importance of thinking ahead and trying to get control of the domains for predictable spelling variants or sound-alikes for one's important domain names. A problem resolved is good; a problem prevented is even better.

You missed my point...

People can't even dial a phone number let alone be expected to get domains names right. I was getting anywhere from a dozen to almost 50 wrong numbers on a Friday night, so I don't think this kind of bumbling is a trademark issue or anything else that's YouTubes or UTubes fault, it's just the sad state of the unwashed masses that they can't dial or type and cause problems for innocents sitting on the sideline being assaulted by their stupidity.

I'm surprised John doesn't confuse his beloved StarBucks with Wolf Gang Pucks and try ordering a Pepperoni Latte with extra cheese, ok, it's Friday and I've left John alone all week... ;)

Hell, I actually had to get call blocking just because some old lady in the next city called us 3 times a night trying to reach her daughter and I didn't want to yell at the old lady so I just gave her the nice "The number you are dialing does not want to accept calls from your number" which probably sent her off in tears thinking her daughter blocked her.

Old lady misdialing or a bunch of idiots that don't know their way around the net, when does "OOOPS, shit happens, sorry!" play into the equation instead of hauling someone into court.

Everyone wants to be compensated when the impact, other than a startling bandwidth bill to utube.com was probably mostly insignificant beyond a minor annoyance.

Yes, rape the deep pockets, everyone needs to be compensated.

Yes ...

... there's a lot of stupidity out there but it's neither logical nor fair to assume that every mistake happens because of stupidity.

With phone numbers I would concede that, but wIth domain names, erroneous type-ins could easily be educated guesses by people trying to hone in on their target. Such patterns could often be predicted with a little forethought. If Utube had thought to acquire the sound-alike YouTube.com when it was available, they wouldn't be experiencing this now.

That said, the negative effects of the off-target traffic onslaught are very real, almost akin to a DOS attack from the sounds of it, and making life very difficult for the Utube folks trying to run a normal business. I think it's perfectly reasonable for them to ask for help here ... it's too bad they have to go to court to get their plight noticed.

Bill, I'm curious ... when you were having trouble with the wrong numbers calling about movie times, did it ever occur to you to approach the theatre owner to discuss the situation? If yes, what sort of response did you get?

Something like providing you with an answering machine to intercept nuisance calls would have been a far more constructive approach than spewing out ugliness that reflected negatively on someone else's business and probably didn't do your own blood pressure any good either. Remember the theatre was not responsible for people's misdialing any more than you were.

Shit happens but that doesn't make it right to fling around new shit.

Flinging shit

Considering I had the phone # first, and I was told my only recourse was to get a NEW phone number because of their considerable business expenses involved, with printed material, advertising, cards, yada yada with absolutely no concern about MY financial problems changing the number nor even an offer to help. Well, I showed them there were indeed some business expenses involved in NOT getting a new number and it was quite amusing as it gave me creative outlet handling all of the, um, inquiries.

I didn't consider it flinging shit, I was sending the love back to them.

"That's right ma'am, the toilet exploded and there's a river of shit flowing thru theater number 3, that show won't be running tonight and this place smells like a septic tank..."

In the long run, they might've done better getting a different number ;)

Okay ...

... if you genuinely tried to discuss the situation with the theatre -- without approaching the discussion like an attack -- then you can be *partly* forgiven for your curmudgeonliness.

But it's double-think for you to defend your own actions in that situation while being so dismissive of Utube. You can't on the one hand claim that it's okay for you to react in negative, hostile ways when you have a problem that's not your fault, but on the other hand say that Utube should just suck it up and meekly accept their situation.

You can't have it both ways.

Suck it up?

Hey, I didn't give up my phone # and didn't say utube.com should give up their domain.

I just, um, got even ;)

Like utube could do with the right partner marketing their site, they could turn the negative to a positive without suing.

My positive was sharpening my comic wit nightly on an unknowing audience!

Turn it around the other way...

Wasn't utube first?

maybe utube should go after the youtube domain name...

Quote:
(iv) By using the domain name, the domain name registrant intentionally attempted to attract for financial gain, Internet users to the registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of the registrant's web site or location or of a product or service on the registrant's web site or location.

{moves tongue from cheek}

YouTube creates a

YouTube creates a multi-billion dollar for-profit business re-publishing other's copyrighted content; Google buys it and begins to form alliances that change the world of traditional copyright (by offering a new form of value to those copyright holders).... so utube.com gets in line and.... they're off base?

They seem to have a more solid claim than many others given the precedent set for domain disputes. More interesting to buckworks and the SEO crowd might be.... did due diligence really miss this or was it expected, and what is the game plan for dealing with utube?

I'll say it again since IncrediBull has a hearing deficit... blah blah blah but there's still established law so what will Google do for utube before utube files with ICANN and it goes to arbitration?

hindsite is a wonderful thing

>>If Utube had thought to acquire the sound-alike YouTube.com when it was available, they wouldn't be experiencing this now.

but the chances of their custoners imagining it was spelt youtube are, what, 0? and its not like youtube was an obvious brandname for someone in the future. You have to feel sorry for them.

(Besides the guys who owned g-mail in the UK took obvious precautions and still got their bandwidth hammered for someone elses problem so .....)

Not about sheep?

And all this time I couldn't understand what all the fuss was about the Ewe Tube?

http://ewetube.com/

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