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Utube Sues YouTube

Posted by samzenpus on Thu Nov 02, 2006 05:43 AM
from the koca-cola dept.
An anonymous reader writes "From The Age article: Universal Tube, which sells used machines that make tubes, has said it has lost business because customers have had trouble accessing its site." So now Utube is suing YouTube seeking a cease and desist on the youtube domain. (I wonder if they think Google's pockets might be deeper that the previous owners'.) This again raises the problems of domain names colliding across different industries and countries, and reminds me of the etoys/etoy tussle a few years back. Should domain name simply be exempt from trademark legislation in all countries or is it a legit thing to fight for?"
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prostoalex writes "Google's acquisition of online video sharing site YouTube.com resulted in massive traffic headed to uTube.com, "the number one supplier of used Tube & Pipe equipment in the world!", according to the site. CNN Money reports: "The company, which sells used machinery for making tubes to clients worldwide, has seen its site utube.com knocked off line by millions of online searchers looking for video site. "It's killing us," said Ralph Girkins, president and owner of the 22-year-old business. "All my worldwide reps use our Web site. Customers all over the world use it to bring up photos of the machinery, descriptions and specifications there."""
[+] No EToy for Christmas 376 comments
It's been a long week for etoy.com. On Monday, a judge issued a preliminary injuction fining them $10,000 each day that their website was hosted at their domain. They shut it down right away, of course. They're just internet artists. They don't have six billion dollars like the company that filed the suit: eToys.com. It's beginning to look a lot like Christmas. Click More. Update: For more information about etoy, see the freshly-updated dmoz category.
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  • Obligatory (Score:5, Funny)

    by RichPowers (998637) on Thursday November 02 2006, @05:48AM (#16686097)
    "Universal Tube, which sells used machines that make tubes..." Well now we know who built the backbone of the Internets
  • this sounds like a simple case of getting publicity by suing a big name!

    meanwhile, on the other news channel, I am suing google for US$1M for no other reason than that Google have more money than me, and thus Google are causing me to feel anxiety about my relative poverty.

  • by SnowZero (92219) on Thursday November 02 2006, @05:50AM (#16686113)
    How long before they go after ewetube [ewetube.com]?

    I know, that was baaaaad.
  • You have to ask yourself. Whose fame came first? YouTube or Utube?

    If Utube came first, then yes, this is valid if YouTube is exploiting their fame. However, this isn't the case, if I'm not mistaken. YouTube is the one that is famous. Utube is the one that is trying to extort money from YouTube.

    To give another example, imagine if I created a site with a name similar to Microsoft, and whenever someone Googled Microsoft, my domain would come up, and a significant number of people came to me first.
  • The Amazon tribe of Brazil has sued Amazon.com for $1,000,000,000, complaining that they have potentially lost hundreds of dollars in sales of beads and feminine hygiene products while having to deal with dozens of accidental hits to their website.

  • I'd suggest Utube to also sue ntube [ntube.com], mtube [mtube.com], cuetube and so on. [cuetube.com]
    Because they have customers so deeply confused by mistyping and misreading, they need to get as much cash as possible out of anything in order to remain alive in the market.
  • Eh? (Score:5, Insightful)

    by Spad (470073) <.slashdot. .at. .spad.co.uk.> on Thursday November 02 2006, @05:58AM (#16686179) Homepage
    Remind me to sue my neighbours for their house being #41. People are always knocking on my door (#41a) instead, wasting my time and causing a loss of earnings.

    After all, it's clearly their fault that people are idiots.
  • by Psychotext (262644) on Thursday November 02 2006, @06:01AM (#16686189)
    I can't help thinking that the best thing Google could do on this is provide the server needs for utube.com to function whilst being hammered by the people incorrectly hitting the site. I don't think they would have much to complain about after that... though I'm sure that probably wouldn't stop them.
    • Re: (Score:3, Insightful)

      As the market matures, it makes sense to me that business insurance should cover unexpected things like this that impact business.
  • by Colin Smith (2679) on Thursday November 02 2006, @06:49AM (#16686411)
    Hence stuff like .bank, .retail, .energy, .telecom etc etc.

    ooh, the wayback machine is fabulous, here's a rant I wrote years ago about ICANN and the flatness of the current DNS system.

    ICANN fuck up the worlds DNS

    Well, Ok, but if you're going to call yourself ICANN then what do you expect?
    Here's my DNS heirarchy diatribe.

    The DNS is not being used appropriately.

    It's a heirarchical system that has been abused by the registrars to the point where it's effectively a flat naming system; *.com.

    End users should not have access to domains above 3rd or 4th level. First, second and maybe even the third level domains should be reserved exclusively for domain administration purposes.
    Think of it as a filing system. Would you allow users to randomly create directories off root or /usr or even /home? No, only a fuckwit would do that but this is essentially what ICANN are doing. As a responsible administrator you should administer that heirarchy and create areas where users can create and access information in a consistent fashion.

    An example of a managed heirarchy
    microsoft.vendors.software.com
    apple.vendors.software.com
    opensource.vendors.software.com
    ibm.vendors.software.com
    microsoft.operating-systems.software.com
    apple.operating-systems.software.com
    open-source.operating-systems.software.com
    amazon.vendors.books.com
    barnes&noble.vendors.books.com
    waterstones.vendors.books.com
    hoover.US.trademarks.org
    persil.UK.trademarks.org
    fred.new-york.US.plumbers.com
    tesco.superstores.shopping.com
    asda.superstores.shopping.com
    whsmiths.newsagents.shopping.com
    menzies.newsagents.shopping.com

    You see the kind of thing I mean? Web browser and other software could then make use of the structure of the heirarchy.

    The DNS needs to be re-organised or even just organised. ICANN and the registrars should get off their fat arses and design the heirarchy rather than completely abdicating responsibility and allowing chaos to ensue the way they have done so far.

    A properly designed heirarchy would allow everyone to have their place without all this domain squatting and trademark infringement bullshit.

    The new TLDs that ICANN are proposing will simply cause more chaos. They will not solve anything. ICANN are just abdicating their responsibilities again. Do you really think that the IBMs, Microsofts and Apples of this world will not simply register their names and trademarks in every existing TLD?

    They can, they will and things will only get worse.


    And of course we now have phishing problems as well. Oh happy days.

  • by 19061969 (939279) on Thursday November 02 2006, @07:32AM (#16686625)
    In a busy boardroom of a company that, well, uses industrial tubes.

    MD: "Ok folks! We need to buy 3 miles of indutrial tubing to complete this job, get paid, and then we can have our bonuses for working hard!"
    Lackey1: "Ok boss! I'll just go to U-Tube to buy the tubing."
    MD: "Good one lackey1. You make sure we place that order by 5.00pm tonight."
    Lackey1 goes off to his computer in his office.
    Lackey1: "Duh, ok! Let's type in youtube.com and order them tubes."

    Watches screen.

    Lackey1: "Hey! There's a video of some fat guy miming to Shakira!"

    Later, in boardroom at 5.00pm.

    MD: "So did you order those tubes we need to make money and get bonuses?"
    Lackey1: "Duh, no boss! All I could find was videos of people! They didn't sell no tubing!"
    MD: "What the f___?!?!"
    Lackey1: "S'true I tells yah! I typed in youtube.com and never realised that it was the wrong website. That honestly never occurred to me!"
    MD: "Gahh! We're going to go bust! If only we could have found u-tube's website, we'd have been rich! Wahhhhh! I want my mommy!"
  • by slapout (93640) on Thursday November 02 2006, @12:05PM (#16689553)
    Redirect everyone coming to their site to a youtube.com video of an advertisement for utube. And in the description say "if you would like to purchase our product, click here". Then people who are really looking for youtube will get there (and see a utube ad). And people who are looking for utube will think they're just watching a utube ad before entering the utube site. Problem solved.
    • You could have just read the first few paragraphs of the article. Utube was first by about 10 years apparently.
    • by drawfour (791912) on Thursday November 02 2006, @06:19AM (#16686291)
      Did the World Wildlife Fund sue the World Wrestling Federation? No, they simply put a link on their site pointing people to the other site if they mistakingly stumbled across it. utube and youtube should just do the same.
      Is simple fact-checking really that hard? Try reading this wikipedia article [wikipedia.org] about the world wildlife fund, and be sure to read the section labeled "Lawsuit". Yes, the World Wildlife Fund did sue the World Wrestling Federation, leading to the name change to World Wrestling Entertainment. It happened in British courts.
        • There is genuine confusion here, between the two names -- if you just pheonetically say "You Tube dot com", the listener can't tell the difference. The proper party for Utube.com to be sold to use Youtube.com, then it can just be made to point to the main site.
          it's not even any better in the south, every time they type in yalltube.com [yalltube.com] it gets them to an equally useless tube-related site
    • Also stop saying "tinfoil hat". For a bunch of geeks who pride themselves on being "accurate", aluminum foil and tin foil are distinctly different things.

      Yes, and we also know that aluminum doesn't stop the mindcontrol rays like tin does, asshat*.

      * Sorry for the inaccuracy. I know that "rectum hat" would be more accurate, but it takes longer to type.
        • Except it costs you more money, too - you need a bigger pipe


          Wait a minute... don't these people make pipes? If they strung together a series of their tubes, I bet it just might work...