Protecting YouTube Channel Name

[RTech]

What is the name of your state (only U.S. law)? Washington State

Hello all,

I am wanting to protect my YouTube channel name and go about getting my website back that someone registered using my name that.

Would a trademark help this and if I am making money off of my videos would that be using the trademark in business?

Any other ways to go about protecting my name I use also?

If this is in the wrong section, I apologize, I am new to these laws.

Thanks!

 

[quincy]

What is the name of your state (only U.S. law)? Washington State

Hello all,

I am wanting to protect my YouTube channel name and go about getting my website back that someone registered using my name that.

How did someone take your website?

Would a trademark help this and if I am making money off of my videos would that be using the trademark in business?

Trademarks are used to identify a company and its products and services, and to distinguish one company from all others. Trademark law infringement centers on consumer confusion. If one company chooses a trademark that is confusingly similar to another company's mark, an infringement suit can result.

Once you start using a name as an identifier for your company, you can gain rights in that name. In the US, federal registration of the name is not necessary to have trademark protection. It will (generally) be the first to use a mark in commerce who will be the presumptive owner of the mark - although there are notable exceptions.

Any other ways to go about protecting my name I use also?...

The best way to protect any trademark is to choose one from the start that is unique to you alone. The strongest marks are those that use invented words (like Kodak or Adidas) or that use common words in uncommon ways (like Penguin for books or Arrow for shirts) or that combine two unlike words (Owl Ice).

And you should do a thorough search of existing marks so you don't choose a name that is already in use as an identifier for similar goods or services.

Good luck with your YouTube channel.

 

[FlyingRon]

Understand if you fail to register a website (or fail to renew it and allow it to pass to someone else), a trademark might help you get it back. Note however that the prices for the arbitrators for UDRP start around $3500. Also, your rights are diminished if you assert trademark after the fact. On the other hand, registration isn't strictly requierd to have a trademark. On the other hand (I've got six arms), UDRP isn't ruled by any sane rule of law.

 

[quincy]

Understand if you fail to register a website (or fail to renew it and allow it to pass to someone else), a trademark might help you get it back. Note however that the prices for the arbitrators for UDRP start around $3500. Also, your rights are diminished if you assert trademark after the fact. On the other hand, registration isn't strictly requierd to have a trademark. On the other hand (I've got six arms), UDRP isn't ruled by any sane rule of law.

You are seeing this as a domain name issue. ... and you could be right.

The domain name in itself does not create any trademark rights. RTech would be able to prevent a domain name registrant from using "his" trademark in a domain name only if he was the first to use the trademark to identify his goods and consumers are now confused (or are likely to be confused) by the new user's use of the mark.

If the trademark is distinctive or has acquired a secondary meaning (consumers connect the name with the goods), then a domain name/trademark action might be worth the cost and effort of pursuing. Otherwise, it could be best for RTech to choose another name and domain name.

 

[FlyingRon]

I'm seeing this as a domain name issue, because based on the poster's statement that he wanted his "website" back.
Of course, in retrospect, he may just be talking about a YouTube user/page name.

 

[quincy]

I'm seeing this as a domain name issue, because based on the poster's statement that he wanted his "website" back.
Of course, in retrospect, he may just be talking about a YouTube user/page name.

What RTech said is not all that clear. Perhaps he will return to clarify.