More Schmutz on Google v. Jewtube

It seems like this is a little more of a megillah than I thought. There is more to the kemf between Google v. Jewtube than meets the eyes… it seems that I was a bissel farblondzheit!

There are really THREE parties in play here.

Google, which we already know. However, Jewtube.com did NOT apply for a trademark for JEWTUBE as I previously blogged…. the applicant for that mark is a company known as Netparty, LLC. Of course, any shmuck with a keyboard could have figured that out – but I just assumed that Netparty LLC was the registrant and/or operator of jewtube.com.

Not so…

So the real spiel here is that some guy named Jeremy Kossen registered the domain jewtube.com in June of 2006, but never did anything with it except use it as a parked page or a pay-per-click site. See for yourself.

Netparty, LLC claims December 21, 2006 as its date of first use in commerce of the term JEWTUBE– after Kossen registered the domain, and perhaps after Kossen’s date of first use in commerce. If Kossen enters the fray, there could be a very interesting question as to who has priority.

Next, Netparty, LLC applies for its trademark for JEWTUBE on January 23, 2007.

By March 4, 2007, Kossen is forwarding jewtube.com to another site, where there is a clearly infringing “jewtube” logo. direct link and archive link. The domain, jewtube.com has been for sale, and has a present asking price of $10,000. (source)

So really, Google is opposing NetParty in its quest to secure a trademark for the term JEWTUBE, and not going after jewtube.com for anything (yet?).

I still need to wonder, what is Google’s beef? Kossen might have good grounds to oppose Netparty’s application, but again, not even a “nimrod in a hurry” could confuse YOUTUBE from JEWTUBE. I wonder if and when Kossen jump into, or be dragged into, the fray.

Yet another update! It looks like JewTube has issued a statement, reported here at jewlicious.com.

I don’t know about you, but after all this, I’m starving for a trip to TooJays. Of course, that’s only because there is no way that I could make it to Wolfie Cohen’s (or better yet, Katz’s Delicatessen) and still make it to work today.

3 Responses to More Schmutz on Google v. Jewtube

  1. mia says:

    jewtube.com has been functioning as a jewish video sharing web site since june 2007. te real question is is does trying to monetize a domain name constitute first use?

  2. Mia,

    You are correct… I am not sure if “pay per click” monetization is “use in commerce” or not. I can see the arguments both ways, and as far as I know, this has not been litigated in US courts.

  3. I would just like to clarify a couple of points:

    1) I had planned on developing JewTube into a viable video-sharing community from the day I registered the domain on 07-Feb-06. I have a significant paper trail comprised of emails from individuals and corporate entities who wanted to purchase the domain from me, which I of course declined because my intent had alwasy been to develop it.

    I parked it at Sedo for one reason only. To assess the commercial viability of the domain. This is quite a common practice. Sedo provides numerous tools to assist in this capacity. Likewise, that’s the reason the domain was listed for sale. If numerous entities approach you to purchase your domain for $10,000+, you can be pretty sure you have a good domain.

    2) My attorneys had suggested that we issue a C&D to NetParty for using the JewTube name. However, this no longer seems necessary as Jeff Strank, the CEO of NetParty, has publicly acknowledged that our commercial use predated his and that we should have the right to use the name:

    “As for JewTube.com, now that Jeremy has developed the site despite earlier indications to the contrary, I think that if he wants to continue to use the name JewTube, he should have the right to it (assuming that Google does not object) because his domain name registration predated our use. In fact, we wouldn’t have even used the name at all had we known that Jeremy was going to create the site that he has. I’ll change the name of our video section shortly. ” – Jeff Strank

    3) You state that by March 4, 2007, I was redirecting my domain to a site clearly infringing on YouTube’s mark. Possibly, but this was not a commerical site. This was a site from the University of Minnesota Hillel chapter, who were celebrating a “Jewish Culture Week”. I agreed to redirect traffic for the month of March because I had not yet developed JewTube and they could benefit from my significant amount of “type-in traffic”.

    If you need further clarification on anything, feel free to email me at jeremyk at jewtube dot com.

<span>%d</span> bloggers like this: