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September 14, 2007 12:35 PM PDT

Google says JewTube is not kosher

by Elinor Mills
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Is JewTube easily confused with YouTube?

(Credit: JewTube)

Apparently, Google doesn't have a sense of humor when it comes to puns related to its YouTube video site.

The company is preparing to challenge the use of the name "JewTube" for a Jewish-related video site on trademark grounds, according to a filing with the U.S. Patent and Trademark Office, which was reported on by WebProNews.

A lawyer for NetParty, listed as the owner of JewTube, did not immediately return a call seeking comment. A Google spokesman said he was checking into the matter.

Meanwhile, Google rival Yahoo apparently wasn't so bothered by Jewhoo, a Jewish-oriented blog. However, Yahoo did try to block the use of Ya-Hooka, a directory of marijuana-related links, back in 1999.

(Credit: YouTube)

Yahoo did not immediately return an e-mail seeking comment on the outcome of that case, and Ya-Hooka could not be reached.

Elinor Mills covers Internet security and privacy. She joined CNET News in 2005 after working as a foreign correspondent for Reuters in Portugal and writing for The Industry Standard, the IDG News Service, and the Associated Press. E-mail Elinor.
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Lame
by henebry September 14, 2007 1:41 PM PDT
They don't look the same. The similarity only shows up in speech.
It's a brilliant joke and not one that Google should stress about.
Reply to this comment
brilliant?
by GuardBoy98 September 14, 2007 2:09 PM PDT
I'm not sure it qualifies as "brilliant," but it's cute and hardly copyright infringement.
What about JesusTube.com?
by wylbur September 14, 2007 4:28 PM PDT
Here's the thing, why has Google singled out JewTube.com for
action. Why no action on JesusTube.com?

I think Google has some explaining to do.
Reply to this comment
I agree 100%. Why single out JewTube?
by jkossen September 15, 2007 3:44 PM PDT
I'm actually the owner of JewTube, and obviously I think this is rather absurd. "Tube" has become part of the Web 2.0 lexicon. The term implies that any website attached to Tube is a video sharing community. There's no infringement.

My question is, why aren't they going after GodTube and IslamTube?
View reply
Sounds like it
by ortzinator September 16, 2007 7:51 PM PDT
"Jew" rhymes with "you".
Tube is too common
by Ed from Texas September 14, 2007 8:22 PM PDT
The only reason YouTube even makes sense is because we are culturally familiar with referring to TV as "the tube". For YouTube (and subsequently Google) to claim an exclusive appropriation of a common cultural term is silly.
Reply to this comment
Precisely....
by jkossen September 15, 2007 3:48 PM PDT
The word is far too common and part of the lexicon. YouTube does not own the word "tube". I consulted with IP attorneys before I launched JewTube, and they concurred that while in a litigious society it wouldn't be surprising for Google to sue, they have basis on which to stand.
JewTube.com = Stupid, not suprised
by RompStar_420 March 30, 2008 7:31 AM PDT
If you call your web site JewTube.com - stupid name by the way,
you are making fun of your own people with that name, not that it
bothers me, since I am a 100% proud and polish and I have little
respect for Jews to begin with.

Then if you make the site a lot like google; in feel, look, and
whatever else, if I was Google I would sue your ass.
So, in what way
by Gringras September 15, 2007 9:58 AM PDT
has YouTube been hurt or suffered a loss from this? Is everyone
just lawsuit happy? My gosh, the next thing will be parents suing
their neighbors because their children have the same names or
similar names. Why doesn't IBM sue Dell, et.al. because they sell
computers, too. Sometimes this stuff is just insanely silly.
Reply to this comment
Google is not suing JewTube.com
by jewlicious September 15, 2007 4:26 PM PDT
Google is objecting to what looks like a frivolous TradeMark application by NetParty LLC. They don't have a trademark on JewTube. They applied for one. They claim prior use but JewTube.com was registered before that. You can read all the details at http://www.jewlicious.com/?p=3783
Reply to this comment
Not Frivolous
by NetParty September 16, 2007 7:12 PM PDT
We didn't file a frivolous trademark application (nor would we).

We operate two types of events: Our NetParty.com events are business and social networking events geared to all young professionals, now in 10 cities.

Our LetMyPeopleGo.com events are Jewish Singles events. Through LetMyPeopleGo.com we organize "The Ball" in NYC which has been the biggest Jewish Singles event in the United States 12 years in a row (and, to the best of our knowledge, the biggest singles event of any kind - attended by more than 3,000 people each year).

In December of 2006, we created a new website for LetMyPeopleGo.com and wanted to display a video we had from The Ball on the site. For the amusement of our members, we also surrounded that video with five other entertaining Jewish-oriented videos and called the very small section of our site that displays the videos "JewTube" - an obvious play on YouTube that was meant to be cute and amusing (in fact, the videos we show are hosted on YouTube).

In January of 2007, we elected to file a trademark application to register the name for a very limited purpose - to confirm our right to show our videos on our site using the fun name JewTube. And, in fact, our trademark application is specifically only for the purpose of "providing online video clips featuring information and excerpts of networking and social events for Jewish singles." We had no intention of creating a broader Jewish-oriented video sharing site then nor do we now. Our investment in the name then and now is extremely minimal - its not at all a part of our business model - and we decided from the beginning that if Google objected we would withdraw our application.

But we didn't think Google would object because (to us at least) it was an obvious joke and we thought there was essentially no likelihood that anyone would confuse a small section of the LetMyPeopleGo.com Jewish Singles site with YouTube.com. Moreover, at the time there were many other pending applications of " - Tubes" marks without objection from Google, including videotube, sextube, pornotube, gaytube, zootube, tootube, etc. And even YouTube itself was not yet a federally registered trademark (nor is it now).

As for JewTube.com, at the time we filed our application, that site had not been developed in any meaningful way. Archive.org's wayback machine shows that on January 19, 2007 (a few days before our trademark filing date) the site was simply a collection of sponsored links. A few days later, the site was apparently for sale (January 24, 2007). From what we saw on JewTube.com at that time, we had no reason to believe that the site would be developed into the site it is today. We've never spoken with the owner of JewTube.com nor did we offer to buy the name nor were we rebuffed..

Last week, Google contacted our attorneys telling us that their objection was not to the use of the word JewTube on our site but to our trademark application, and as such, they asked us to voluntarily withdraw the pending application. All of the blogging about our being "sued" by Google is simply a misstatement of fact. Since we always planned to do withdraw the application if they objected and since our only intention was to use JewTube in the manner we have been, this is not at all an issue for us and we are going to withdraw the application this week. I would imagine that Google is afraid of trademark dilution and although I'm not at all certain that they are correct legally, they are not, in my opinion, "doing any evil" by requesting that we withdraw our application. Moreover, I think people and companies should be entitled to the benefit of their ideas and labor and if Google as the current owner of YouTube feels our registration detracts from that, I can certainly understand that feeling, having been on the other side of it a number of times.

As for JewTube.com, now that the site has been developed (despite earlier indications to the contrary), I think that if they want to continue to use the name JewTube, they should have the right to it (assuming that Google does not object) because their domain name registration predated our first use. In fact, we wouldn't have even used the name at all had we known that they were going to create the current JewTube site. We'll change the name of our video section shortly.

I hope this helps clear things up.

Jeff Strank
NetParty, LLC
http://www.Netparty.com
http://www.LetMyPeopleGo.com
Yideoz.com - now you know
by Yideoz September 23, 2007 6:55 AM PDT
To all the people who have asked us WHY we didnt go with JewTube!

Yideoz = alot safer!!

http://www.yideoz.com
The 1st Jewish-Tube
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