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.
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.