utube.com Is Too Popular Thanks to YouTube

The popularity of YouTube has increased visits to utube.com-and according to the owner of the domain name-that is a big problem.

Universal Tube and Rollform Equipment has filed a trademark infringement case against the popular video download website. Universal Tube uses the domain name utube.com for its customers who want to buy used tube and pipes. Universal Tube claims that the number of visitors to its website has increased from a few thousand per month to over 70,000 per day. Rather than looking for used pipes, the visitors are looking for videos to download. When the visitors cannot find the videos, some fill out Universal Tube’s sales requests “seeking more information in a vulgar and belligerent manner,” the company claims. Universal Tube claims that its staff and employees have been forced to devote substantial time and effort to sort out the unwanted mistaken inquiries while looking for legitimate business inquires. In addition, the company claims in its complaint that its internet hosting fees have increase from less than $100 per month to more than $2,500 per month.

“Due to confusion in the minds of consumers, the spillover of nuisance traffic to Plaintiff’s neighboring website at utube.com has destroyed the value of Plaintiff’s trademark and internet property, repeatedly caused the shut down of Plaintiff’s website, increased Plaintiff’s internet costs by thousands of dollars a month, and damaged the Plaintiff’s good reputation,” the complaint states. Universal Tube in its filing on October 30, 2006 requested that YouTube be enjoined from using the YouTube domain name and pay damages to Universal Tube.

Universal Tube and Rollform Equipment Corp. v. YouTube, Inc., Northern Dist. Ohio No. 06-2628.