about Youporn trademark: does it affect related domains?

[KLAN]

I see Youporn is obviously a trademark.
But does this affect similar names or the name youporn with prefixes or suffixes?
i.e.
if I would buy some domains (if they would be availables) who names are related to youporn as, for example, youpornster, youpornfuck and so on....would it be a problem in future starting a site with those ? or the fact that "you" and "porn" are normal words in english language won't create any trouble?

[amateurcanada]

This is tricky, theoretically they trademarked YOUPORN itself - so you would need to do a trademark search to see if its that phrase exclusively, or that phrase and similarities. They may have registered trademarks for some deviations. They may have only registered this trademark in the USA only. Its a worldwide market - if your overseas and its a USA trademark then you can do whatever you want.

Hope this helps.

[vsex]

Originally Posted by Marino sumo

I see Youporn is obviously a trademark.
But does this affect similar names or the name youporn with prefixes or suffixes?
i.e.
if I would buy some domains (if they would be availables) who names are related to youporn as, for example, youpornster, youpornfuck and so on....would it be a problem in future starting a site with those ? or the fact that "you" and "porn" are normal words in english language won't create any trouble?

Not at all, go out and buy as many as possible

[pornguy]

Originally Posted by amateurcanada

This is tricky, theoretically they trademarked YOUPORN itself - so you would need to do a trademark search to see if its that phrase exclusively, or that phrase and similarities. They may have registered trademarks for some deviations. They may have only registered this trademark in the USA only. Its a worldwide market - if your overseas and its a USA trademark then you can do whatever you want.

Hope this helps.

And then put your domain on the DNS servers that reside in the US.. Good luckk with that.

[NALEM]

Originally Posted by Marino sumo

I see Youporn is obviously a trademark.
But does this affect similar names or the name youporn with prefixes or suffixes?
i.e.
if I would buy some domains (if they would be availables) who names are related to youporn as, for example, youpornster, youpornfuck and so on....would it be a problem in future starting a site with those ? or the fact that "you" and "porn" are normal words in english language won't create any trouble?

Just dont do it. I can tell you now, that the previous owners were very good about protecting their trademark rights, and its likely the new owners will do the same.

[KLAN]

Originally Posted by vsex

Not at all, go out and buy as many as possible

Could this be sarcastic in anyway?

[KLAN]

Originally Posted by amateurcanada

This is tricky, theoretically they trademarked YOUPORN itself - so you would need to do a trademark search to see if its that phrase exclusively, or that phrase and similarities. They may have registered trademarks for some deviations. They may have only registered this trademark in the USA only. Its a worldwide market - if your overseas and its a USA trademark then you can do whatever you want.

Hope this helps.

Thank you.
I checked the trademark info about Yourporn and that's what I found, in the official page of TARR, that could be related to my question:

(words only): YOUPORN

but no sure if this could be a good point for all ppl who own a domaina name related to youporn.....

Originally Posted by pornguy

And then put your domain on the DNS servers that reside in the US.. Good luckk with that.

However I guess pornguy is right about this.

Originally Posted by NALEM

Just dont do it. I can tell you now, that the previous owners were very good about protecting their trademark rights, and its likely the new owners will do the same.

I know that this would be like an ant going against a giant. But even if I keep the domain still with doing nothing with it for a while, could they even reclaim it for free ?

[helterskelter808]

youpornbook.com should be fine.

[KLAN]

Originally Posted by helterskelter808

youpornbook.com should be fine.

oh lol I thought youpornfacebook.com was fine too....

[helterskelter808]

Originally Posted by Marino sumo

oh lol I thought youpornfacebook.com was fine too....

You could keep using it, while they fight each other over who gets it.

[babymaker]

How did youporn get a tm they are infringing and trading on the goodwill of youtube so wtf? Not that I care but now that someone brings up the question :D

[ruff]

Basically a company with deep pockets that doesn't like something you've done with their business will litigate the hell out of you, regardless of whether they could win or lose. They win because they can out lawyer a small-timer. So unless you have a stack of money to burn, it's is best not to stick your head in the mouth of the alligator!

[DBS.US]

Why? Just make up your own name.

[InfoGuy]

Marino sumo, why do you have an avatar with a tattooed man with a swastika?

[KLAN]

Originally Posted by InfoGuy

Marino sumo, why do you have an avatar with a tattooed man with a swastika?

actually dunno....it happened so fast that i couldn't realize it

[nico-t]

they stole youtubes logo in the beginning, and they had stolen videos... so i guess they would be allright with it... right?

[porno jew]

first page for youporn: youpornose.com/ youporncocks.com/

[KLAN]

Originally Posted by nico-t

they stole youtubes logo in the beginning, and they had stolen videos... so i guess they would be allright with it... right?

you that would be right. But the problem is that they would use as an hammer, the fact that someone got privilegies from the already famous name "youporn" by just adding a suffix or prefix. (that eventually would be the same privilege they got by using a name that come from youtube.).
Anyway it's better to go whole hog and ask them directly with an email.

[The Porn Nerd]

A. Quoted for truth

Originally Posted by ruff

Basically a company with deep pockets that doesn't like something you've done with their business will litigate the hell out of you, regardless of whether they could win or lose. They win because they can out lawyer a small-timer. So unless you have a stack of money to burn, it's is best not to stick your head in the mouth of the alligator!

and....

B. Fuck this guy

Originally Posted by Marino sumo

actually dunno....it happened so fast that i couldn't realize it

You have an avatar with a swastika on it and you didn't realize it? One wonders what else you don't realize.

[PornStarToys]

What's wrong with swastika's?

[Barry-xlovecam]

http://www.wipo.int/amc/en/domains/d...2010-0001.html

4. Factual Background

The Complainant is the owner of Community Trademark No. 005506241 for XLOVECAM. The application for the mark was filed November 28, 2006 and the mark was registered on October 17, 2007. The mark is registered in class 38 for ?broadcasting, dissemination and transmission of visual images, audio information, graphics, data and other information, using radio, telecommunications apparatus, electronic media or the Internet.?

The Complainant is the registrant of the domain name <xlovecam.com>, and is listed on the website to which the domain name resolves as the website publisher. This website appears to offer video footage of online models to members, who enroll to obtain access to live streaming broadcasts. The WhoIs report indicates that the <xlovecam.com> domain name was registered in January, 2006.

The Respondent registered the Domain Name on December 16, 2007. At the time of the Panel's decision, the Domain Name resolved to a website offering similar services as those offered on ?www.xlovecam.com?.

We won in arbitration with our trademarked name.

Case closed ...

[raymor]

Pick your own name without trying to in any way leach off of someone else's name.

In general, if you plan to make money by making your name similar to theirs and then competing in the same industry, that's infringement. It's ok if nobody ever heard of bluetree.com and you happened to use greenbush.com for something not directly related, but if you go out trying to leach off their name that's not cool.

The courts may consider many different factors, but in the end they are trying to figure out if you are trying to take unfair advantage of someone else's brand. Make your own brand. The record company Apple had the exact same name as the computer maker Apple and that was fine because neither was usury the other's reputation for their own gain. They were very different types of businesses so they could have identical trademarks. Only when Apple computer started selling music was there a problem because then they were competing. Similarly, if you do online porn with a brand similar to youporn that's not ok. Again, build your own brand rather than trying to leach off someone else's brand. Alternatively, be an affiliate of a major brand and use their brand in a fair way.

[KLAN]

Originally Posted by MisterPeabody

You have an avatar with a swastika on it and you didn't realize it? One wonders what else you don't realize.

Just realized that i found a genius.....

[The Porn Nerd]

Originally Posted by Marino sumo

Just realized that i found a genius.....

Originally Posted by MisterPeabody

and....

B. Fuck this guy

[KLAN]

Originally Posted by raymor

Pick your own name without trying to in any way leach off of someone else's name.

In general, if you plan to make money by making your name similar to theirs and then competing in the same industry, that's infringement. It's ok if nobody ever heard of bluetree.com and you happened to use greenbush.com for something not directly related, but if you go out trying to leach off their name that's not cool.

The courts may consider many different factors, but in the end they are trying to figure out if you are trying to take unfair advantage of someone else's brand. Make your own brand. The record company Apple had the exact same name as the computer maker Apple and that was fine because neither was usury the other's reputation for their own gain. They were very different types of businesses so they could have identical trademarks. Only when Apple computer started selling music was there a problem because then they were competing. Similarly, if you do online porn with a brand similar to youporn that's not ok. Again, build your own brand rather than trying to leach off someone else's brand. Alternatively, be an affiliate of a major brand and use their brand in a fair way.

yeah! you couldn't be more right!
what I proposed is not fair since I would get advantages from other's brand and I'd not like ppl doing the same to me.
So i will act fair and develop my own brand.
Thank you!

[KLAN]

Originally Posted by MisterPeabody

you can my