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Musician wants my domain name - who is a good lawyer?

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DomainsInc

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I posted about this in the platinum lounge before and have contacted a lawyer about it but never heard back from him.

The situation is basically i own a domain that consists of the first and last name of a singer in a popular band. After owning the domain since 1999, he now wants it. I want to talk to a lawyer before i respond to his people. Can anyone recommend me a good lawyer who will respond to emails? Thanks.
 

Theo

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John Berryhill / jberryhill
 

DomainsInc

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John Berryhill / jberryhill

Yes, I sent him an email via the one listed on his site and haven't heard back from him. Maybe i should wait longer but I don't want the other party to get too impatient.
 

BostonDomainer

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Yes, I sent him an email via the one listed on his site and haven't heard back from him. Maybe i should wait longer but I don't want the other party to get too impatient.

John's usually very busy but he always gets back. And from what I've read, you don't really have a case unless that happens to be your name also. And from looking at your sig. it would be hard to prove "good faith". I don't thank a lawyer would even take your case as you don't seem to have any real grounds for owning it in my personal opinion. I hope you didn't have a site on there like the one in your sig.

Good Luck!
 

NostraDomainus

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Hello DomainsInc,

I too am in Ottawa and needed Domain Legal Advice a few years back as the Palm Pilot Corp sent me a C&D from New York City I had to deal with (by telling them to C&D from spamming me b/c the Law they quoted was American - not Canadian! - Never heard from them again.)

What I ended-up doing was calling a local Domain/IP Law Firm I found on Google (I believe as a listed Law Firm successful @ WIPO numerous Cases) and called and asked for a some brief advice (being a poor domainer and all who couldn't afford a FT lawyer). After agreeing to a 15 minute free consultation - I succinctly advised the Lawyer of my situation and the quoted law which they confirmed didn't apply to me in here in Canada.

As a suggestion, I would do it again - that is to say: See if you can get a little free advice from a local IP Law Firm or 2. [This itself is not legal advice and I am not a lawyer (yet) - I simply share this as an example of something that helped in my case and may work again.] In my scenerio, a quick search and couple phone calls helped me to resolve the issue in 1 afternoon.

With that said, I too would recommend Mr. Berryhill as a lawyer who's reputation preceeds himself here on DNF (and I'm sure beyond) based on what I've read and have been told over the years. I haven't had the need for a lawyer since my 1 and only C&D, but wouldn't hesitate to contact him.

I wish you the best success in all your endeavours - please keep us posted!
 

DomainsInc

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John's usually very busy but he always gets back. And from what I've read, you don't really have a case unless that happens to be your name also. And from looking at your sig. it would be hard to prove "good faith". I don't thank a lawyer would even take your case as you don't seem to have any real grounds for owning it in my personal opinion. I hope you didn't have a site on there like the one in your sig.

Good Luck!
No, its nothing like the site in my sig but i am getting pretty sick of the rich and famous walking all over everyone else. If I were to attempt to get the domain that consisted of my name, i wouldn't stand a chance but because this guy is known he can just take it? And even though "the simpsons" is tradmarked, not a very popular last name "simpson" these multi millionaires can just swoop down and take it? So much for the land of the free. More like the land of slaves to corporate identity. I may not have a case but i would still like to hear what a lawyer has to say about it. I hosted and paid for renewal fees for years, not to mention the 100's of backlinks i've gained, yahoo listing, dmoz listing, number one google listing, ect.
 

Devil Dog

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BooHoo perhaps? It's a rough and tumble world we live in.
 

Paul_Kuhn

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...i am getting pretty sick of the rich and famous walking all over everyone else.
Are you kidding? Is it your name or not?
Doesn't matter whether you are rich or poor: if it's not your name it's not
your domain - that's the business. Quite simple, isn't it?

And even though "the simpsons" is tradmarked,
...
...you took the domain, so you are a cybersquatter.

So much for the land of the free.
I think you missunderstood something. To be free does not mean to steal someone others domain.

Ahoi!
 

DomainsInc

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Are you kidding? Is it your name or not?
Doesn't matter whether you are rich or poor: if it's not your name it's not
your domain - that's the business. Quite simple, isn't it?

...you took the domain, so you are a cybersquatter.


I think you missunderstood something. To be free does not mean to steal someone others domain.

Ahoi!
How i am cybersquatting? I created a fan site dedicated to the guy. And how is registering a free domain that they never contacted me once about in 8 years stealing?

My last post may of been a bit stupid and emotional but answer me this, if i were to try and get the domain name that is my legal name, would i be able to even though i am a nobody?

Hello DomainsInc,

I too am in Ottawa and needed Domain Legal Advice a few years back as the Palm Pilot Corp sent me a C&D from New York City I had to deal with (by telling them to C&D from spamming me b/c the Law they quoted was American - not Canadian! - Never heard from them again.)

What I ended-up doing was calling a local Domain/IP Law Firm I found on Google (I believe as a listed Law Firm successful @ WIPO numerous Cases) and called and asked for a some brief advice (being a poor domainer and all who couldn't afford a FT lawyer). After agreeing to a 15 minute free consultation - I succinctly advised the Lawyer of my situation and the quoted law which they confirmed didn't apply to me in here in Canada.

As a suggestion, I would do it again - that is to say: See if you can get a little free advice from a local IP Law Firm or 2. [This itself is not legal advice and I am not a lawyer (yet) - I simply share this as an example of something that helped in my case and may work again.] In my scenerio, a quick search and couple phone calls helped me to resolve the issue in 1 afternoon.

With that said, I too would recommend Mr. Berryhill as a lawyer who's reputation preceeds himself here on DNF (and I'm sure beyond) based on what I've read and have been told over the years. I haven't had the need for a lawyer since my 1 and only C&D, but wouldn't hesitate to contact him.

I wish you the best success in all your endeavours - please keep us posted!
Thanks for the advice, NostraDomainus. I'll definitely look into that. Good to see some local domainers. :)
 

Dave Zan

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To be free does not mean to steal someone others domain.

If the domain name is registered to you, you paid for it, I logged inside your
account without your authorization, and changed its details to mine, then I
stole your domain name. Otherwise, one can't steal what one never owned
to begin with.

However, I will deal with those who I perceive to be riding on my trademark,
if any. I will try to resolve that matter with the other party amicably before
going the whole nine yards.

DomainsInc, you can also try Brett Lewis.
 

Duckinla

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Zak Muskovitch also, I believe is a Canadian attorney. Posts on this forum but only occasionally.
 

DNQuest.com

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Did you make alot of money from the site?
 

jberryhill

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John's usually very busy but he always gets back.

Since returning from the Lisbon ICANN meeting, I'm almost down to 2000 unread emails in my general inbox. Woo hoo!

Contacting cristin@<my domain> is probably working better on the signal-to-noise ratio front.

Some of the things I get are real puzzlers.... I have about a dozen "I have a domain name problem, can I contact you?" emails. Those are like the questions in the form of "Can I ask you a question?" questions which, since they are already questions, have a tendency to beg the question. I probably spend about two and a half hours a day dealing with indeterminate and often anonymous emails. I should post something on the webpage about the minimum information one should include in an email. It's gotten to the point where if there is not a real name, address and telephone number in the email, then my response probability is around 25%. I don't mind picking up the phone and having a quick conversation, but writing email treatises is sort of taxing.

Hook up with the person in the other thread trying to figure out how to get an entertainer's domain name, and you guys can work something out.

But, seriously, the "fan site" use has its limits. I'm often puzzled by these avid fans who seem to begrudge their idol a domain name. I mean, let's get this straight here: You really like/admire/appreciate/whatever this person so much that you registered a domain name and made a website in tribute of how much you like/admire/appreciate/whatever this person. Then, when contacted by a representative of this person whom you intended to honor, you get on the "millionaires walking all over the little guy" horse.

My last post may of been a bit stupid and emotional but answer me this, if i were to try and get the domain name that is my legal name, would i be able to even though i am a nobody?

If you are talking about the UDRP, then, no, you wouldn't. The UDRP is limited to trade or service mark rights.

Here's the deal. I get up in the morning, work all day, and get paid for being John Berryhill - the lawyer in Media, Pennsylvania. There is a guy in Boise, Idaho who gets up in the morning, works all day, and gets paid for being John Berryhill - the chef and caterer. There is a guy in Oklahoma who gets up in the morning, works all day, and gets paid for being John Berryhill, the elementary school principal. And so on...

Now, there is a woman in Los Angeles who, well, okay God knows when she gets up or what she does all day, but she apparently gets paid for being Paris Hilton - the, uh, Paris Hilton. That's what being a "celebrity" is about. Her dad or whoever worked his ass off all his life so that his daughter wouldn't need to, and there she is. Part of the value from which a celebrity derives a living - whether you believe it to be excessive or not - is derived from the recognition that resides in the celebrity's name.

And on the whole "excessive" issue, there's a lot of ways to look at that. I went to see comedian Lewis Black live one evening, and I probably spent a solid hour and a half laughing my ass off. Now, there were a couple of hundred other people at the show laughing their asses off. I probably paid something like thirty bucks for a ticket, and it was money well spent. The man can make hundreds of people feel good at a time.

Now, me, I can only spend my time doing one thing at a time for one person. I get paid (and sometimes not) accordingly. So, yeah, a person who can entertain an entire audience from hundreds to thousands to a stadium full... no, I don't begrudge that person a penny they earn from doing that.

So, here's the deal. Get a guitar, practice for years, then spend a decade playing in crummy venues to develop some recognition, get a recording contract, book a few tours... but first register your own name as a domain name so you won't have to deal with an uppity "fan" someday.
 

Jernet

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haha. very well put john
 

Dave Zan

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Since returning from the Lisbon ICANN meeting, I'm almost down to 2000 unread emails in my general inbox. Woo hoo!

I know where you can get a software that creates common replies to common
questions for free. Let me know if you'd be interested in such, although it's an
opt-in thingie to get it.

Hmm, looks like Lewis Black didn't get his "domain name-sake". But I guess he
thinks it's not worth the bother...for now.

Sometimes ignorance is bliss...
 

DomainsInc

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If you are talking about the UDRP, then, no, you wouldn't. The UDRP is limited to trade or service mark rights.
Everything else aside, there is no registered trademark of the name in question. Thanks for taking the time to respond here.
 

jberryhill

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there is no registered trademark of the name in question.

...which is irrelevant to whether there are trade or service mark rights at issue.

Whether or not my dog is licensed, it remains a dog.

Registration of a mark provides certain conveniences and affords certain presumptions, but the UDRP is open to common law rights-based claims and personality rights-based claims.
 

DomainsInc

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...which is irrelevant to whether there are trade or service mark rights at issue.

Whether or not my dog is licensed, it remains a dog.

Registration of a mark provides certain conveniences and affords certain presumptions, but the UDRP is open to common law rights-based claims and personality rights-based claims.
But only if you are a someone, at least this is what you seem to be saying. As i remain who i am, trademark or not yet you said the UDRP wouldn't apply to my legal name as its limited to trade or service mark rights.
 

Theo

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Here's an idea, register a random domain - then change your legal name to that :D
 

DomainsInc

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Here's an idea, register a random domain - then change your legal name to that :D
I suppose it would be too late to change my name to guys name in question, lol. But seriously, you look around this board and you'll find people selling domains like cities, countries..they had nothing to do with making them popular enough to be worth good money yet they get to profit from it. You see people selling LLL domains with acronyms that they had nothing to do with, yet they get to profit from it. You see people selling mispellings for big money, which is probably the worst of all and people seem to find no problem with it here on the board. In my opinion the name of a celebrity is no different. If they don't have the forethought to register the name then they should have to pay like anyone else.
 
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