The next Youtube problem- Trademark Infringement takedowns

[MarkRodriguez2012]

I saw a video about these guys named The Game Chasers have a secondary channel with a sub show called the Food Chasers. It seems some company that just so happens to make an app called Food Chasers saw this and went to Youtube and had the videos taken down. As always, shoot first, ask questions later, Youtube left the Game Chasers confused with a big WTF look on their faces since they never heard of Trademark Infringement Takedowns on Youtube before, nor have they ever heard of their small company with their fail of an app. This kinda worries me because some other company or whatever that decides to also call themselves the Video Game Masters or The Review Cauldron and so forth might just appear out of nowhere and blindside me with takedowns. Thoughts on this?

 

[TehEpicMonster]

Chad Wild Clay made a video about copyright like companies can steal money from defenseless Youtubers. Youtube really needs to review this stuff...

 

[WolfWraith]

Yeah this is why you really got to look into making something unique. The problem is, most social media have a policy where if an official trademark is owned by someone, they have the right to use that name on that social media site, example Nike, say they didn't have a facebook page and you went and made 1 called Nike, then the official Nike come along, they have a proprietary right of that name. Don't necessarily quote me on that though, cause when I last looked into it, it was a good few years ago and I sort of rushed through their policies, as if I'd read them word for word xD

I was looking into trademarking myself but never got around to it. It's information that's a bit above my head and I was speaking to 1 of my mates who had to have his company trademarked, wasn't so helpful lol

 

[Shakycow]

That's no different than anything else. Before coming up with a name for anything, need it be a company, YouTube channel, or an account on social media, it's always best to do a thorough search to make sure the name isn't used elsewhere or trademarked.

As for worrying if someone will trademark your name and then boot you from your own channel? There's a thing called first use. Unless they had been in business using that name before your channel went up (and can prove it), you're safe. In the example you gave, the app had been using the name before the channel.

 

[offbeatbryce]

That's no different than anything else. Before coming up with a name for anything, need it be a company, YouTube channel, or an account on social media, it's always best to do a thorough search to make sure the name isn't used elsewhere or trademarked.

As for worrying if someone will trademark your name and then boot you from your own channel? There's a thing called first use. Unless they had been in business using that name before your channel went up (and can prove it), you're safe. In the example you gave, the app had been using the name before the channel.

you mean fair use. Fair use doesn't apply to trade marks. To claim a video with a title is trademark is simply DUMB. It's only trademark infringement if you made a video that makes the viewer thinks you own that company. There is a video where trademark lawyers explain this and say that using a title is not a problem.

 

[Shakycow]

you mean fair use.

No, I meant exactly what I said.

Fair use doesn't apply to trade marks.

Which is why I didn't mention fair use in my response.

It's only trademark infringement if you made a video that makes the viewer thinks you own that company. There is a video where trademark lawyers explain this and say that using a title is not a problem.

Making a full show series and, likely, a channel using the trademarked name would certainly make the viewer think it's affiliated with the trademarked company.


It's no different than:
You can have a video called "My Car, a Honda"
You can not have one called "Honda presents, My Car"

 

[offbeatbryce]

No, I meant exactly what I said.




Which is why I didn't mention fair use in my response.




Making a full show series and, likely, a channel using the trademarked name would certainly make the viewer think it's affiliated with the trademarked company.


It's no different than:
You can have a video called "My Car, a Honda"
You can not have one called "Honda presents, My Car"

but that's not what the video was saying lol. Also there were no logos that indicated he was the same brand.

 

[Shakycow]

but that's not what the video was saying lol. Also there were no logos that indicated he was the same brand.

"...these guys named The Game Chasers have a secondary channel with a sub show called the Food Chasers. It seems some company that just so happens to make an app called Food Chasers"

I didn't watch the video, nor do I care to.

Simply going by what the OP stated, they named a show with the same name as a trademarked name. It doesn't matter if logos were used since trademark covers names and was likely registered for online use.

If you were to build and sell computers, good luck calling your company Apple...even with a different logo.

 

[Devin]

Excuse my language but WTF is a trademark infringement. I mean i know what it means but on Youtube it seems silly because of verified channels and stuff.

 

[Shakycow]

Excuse my language but WTF is a trademark infringement. I mean i know what it means but on Youtube it seems silly because of verified channels and stuff.

What do verified channels have to do with it? There are plenty of trademarked companies/ products out there and not all of them have an affiliated YouTube channel. Try opening a channel with a previously trademarked name and it likely won't be pretty.