A Name domain...

[paviod]

Hey guys, got a question for all you domain gurus. I am currently running a website that is a girls name. For example purposes lets use Nicole.com. I have been using it as a personal adult/blog site and traffic has almost tripled since i put it up. I noticed in overture, there are other celebrities with a similar first name eg Nicole Kidman and others. My domain is very has a big first name association with popular singers/celebrities. Do you think it would be wise to change the site into a unofficial vbulletin fan discussion site with each celebrities own discussion section? And is that legal to do without having any problems from other celebs for instance NicoleKidman.com. Once again, i'm using nicole as an example.

 

[Stinos]

why wouldn't it be legal ?

there are many nicoles out there

 

[paviod]

When I said legal or not, i mean how i use the domain. If I make a unofficial fan forum based on nicole kidman, nicole egghert, etc, could they come back and say my name is confusingly similar to theirs and cause problems. For instance, in the case of madonna.com. You know what i mean?

why wouldn't it be legal ?

there are many nicoles out there

 

[Peace]

You can turn it into a fan site, but it can't be a commercial site (I think the rule is, you can't make even a penny from the site)...You better post this question in Legal forums so one of the lawyers can give you his opinion.

 

[paviod]

Can one of the moderators move this thread to the legal section. Thank you.

You can turn it into a fan site, but it can't be a commercial site (I think the rule is, you can't make even a penny from the site)...You better post this question in Legal forums so one of the lawyers can give you his opinion.

 

[Stinos]

oh well, sorry, i was confused, i can't help you

 

[Mr.Domains]

For instance, in the case of madonna.com

These two examples are completely different! "Nicole.com" could reffer to anyone, but "Madonna" is generally accepted to be the "Madonna". In other words it depends on whether the artist in question has managed to establish their first name as a "brand" or not...

 

[Mr Webname]

I have been using it as a personal adult/blog site

"Adult" could cause you major problems as the "celebrity" may understandably find the association offensive.

Moved to legal forum as requested.

 

[paviod]

Thank you for the move. I see what you mean for Madonna. The name is not used by itself like madonna but rather these celebs have last names associated with them. So my question is mainly, would I have problems if I decided to put up a fan based forum based on these celebs named "nicole"? btw this has nothing to do with my other posting...

"Adult" could cause you major problems as the "celebrity" may understandably find the association offensive.

Moved to legal forum as requested.

 

[seeker]

madonna??

your joking right?
Madonna has more of a religious meaning than the pop singer version.
I guess it all depends on how you use the site.
I am NOT a lawyer, but I just can't see how anyone can come after you with a first name domain, no matter how you use it.

 

[paviod]

I agree but I think she still attempted to bring the guy to court. The only reason I could see is that if I do a fan based forum, i'm associating their first names with the site. Then again thats weak because most of them, if not all of them, go by their first and last name. I mean, I dunno if its even grounds to bring someone to court considering it's not just 1 "nicole" name used on the forum but rather several popular "Nicoles".

madonna??

your joking right?
Madonna has more of a religious meaning than the pop singer version.
I guess it all depends on how you use the site.
I am NOT a lawyer, but I just can't see how anyone can come after you with a first name domain, no matter how you use it.

 

[Mr.Domains]

madonna??

your joking right?
Madonna has more of a religious meaning than the pop singer version.

Depends on your culture/location I guess; perhaps in Italy or somewhere if you said "Madonna" people would think of the Virgin Mother, but I think if you asked most people in the UK/USA who "Madonna" was, they'd select the pop star...

 

[seeker]

it isnt about what we think. It is about TM issues.

 

[draqon]

perceptions and trademarks are intimately linked together.

 

[seeker]

I guess so is reality and dreams...

 

[Dave Zan]

The only way to know for sure is for a famous "Nicole" to actually try to "sue"
you for it, if you know what I mean.

Exactly what kind of content do you have in your adult blog? It sounds as if
you're not commercially exploiting it in any way...unless you have affiliate links
in your blog...

You haven't made any offers to sell it in any way, I hope?

 

[paviod]

I do have links and sponsors on the site and i have gotten requests to buy the domain. I had recently put it up on sedo to see what offers I would get for it. The domain, in my opinion, is worth quite some. Especially since blogging is exploding and whats better than having your own name as a blogging site.

I didn't originally have the intention to sell it but I got so many offers that I decided to put it up and see what i'd get for it. Since opening the site up, traffic has tripled.

I believe as long as I continue to use it like this, I shouldn't have any problems since its my own personal site.

The only way to know for sure is for a famous "Nicole" to actually try to "sue"
you for it, if you know what I mean.

Exactly what kind of content do you have in your adult blog? It sounds as if
you're not commercially exploiting it in any way...unless you have affiliate links
in your blog...

You haven't made any offers to sell it in any way, I hope?

 

[jberryhill]

http://arbiter.wipo.int/domains/decisions/html/2001/d2001-0619.html

The Respondent, on the other hand, is using the three (3) disputed domain names for what the public would generally take them to be, i.e., references to a woman named Alessandra or Allesandra or similar. In the Panel's view, the Respondent's use of the name Alessandra to refer to a woman's first name is distinct from, and not confusingly similar to, the Complainant’s use of the service mark Dr. Tony Alessandra who is a business/marketing consultant, author and lecturer.

The Complainant attempts to bolster its contentions by citing other ICANN cases involving personal names used as marks and domain names (Monty and Pat Roberts, Inc. v. Bill Keith, ICANN/WIPO Case No. D2000-0299, June 9, 2000; Jeanette Winterson v. Mark Hogarth, ICANN/WIPO Case No. D2000-0235, May 22, 2000, and Julia Fiona Roberts v. Russel Boyd, ICANN/WIPO Case No. D2000-0210, May 29, 2000). These cases are all inapposite because the Complainant did not use his complete name for the domain name even though, to the extent he has service mark rights in his name, it is as Dr. Tony Alessandra. Even for an actress as famous as Julia Roberts currently is, it would make little sense to try to keep others from registering domain names based on just "Julia" or just "Roberts". Nor does it seem acceptable for a famous author such as Jeanette Winterson to try to claim just "Winterson " or "Jeanette". Those cases were decided on the basis of their complainants' well-known full names.

 

[Theo]

I wonder what happens if a person with an obscene (but real) last name tries to get hold of a domain by that name, which contains adult material :-D

 

[paviod]

By the post made above, if I read it correctly, a one part of a name, first or last, can't be taken. For instance, if someone decided to put an adult site up at smith.com, i don't think someone last named smith could sue the domain owner for the domain cause he's offended that his name is associated with porn. That just doesn't make sense.

I wonder what happens if a person with an obscene (but real) last name tries to get hold of a domain by that name, which contains adult material :-D