Hi,
so i received my first C&D email today.
The name in question is a female rap star's name,it's the .net version that i registered a while ago.
So far it's "Under Construction", my intention to register the name was of course to make a nonprofit fanpage about her.
Here is what they wrote:
"Ladies and Gentlemen:
This law firm represents xxxxxxx xxxxx, professionally known as ââ¬Åxxxxx.ââ¬Â As you know, xxxxx is a well-known and successful entertainer and personality, throughout the world, with significant name recognition.
It has come to our attention that you have registered the internet domain name ââ¬Åxxxxx.netââ¬Â (the ââ¬ÅDomain Nameââ¬Â).
Please be advised that your registration and/or use of the Domain Name without our clientââ¬â¢s authorization constitutes an infringement of her rights and a violation of various laws, including, without limitation, her rights under applicable laws regarding unfair competition and trademarks.
We hereby demand that you transfer all of your rights in the Domain Name to Ms. xxxxx immediately.
Please contact me at your earliest convenience to discuss this transfer.
This e-mail is written without prejudice to all of our clientââ¬â¢s rights and remedies in this matter, all of which are hereby expressly reserved, without limitation.
Sincerely,
xxxx xxx esq.
xxxxxxxxxxx "
Note: Their lawyer belongs to the lawfirm that i know has enforced numerous closings of fan websites on behalf of another Rockstar client of theirs, Prince.
Now my question is:
I thought in terms of freedom of speech etc. the sole registration of a celebs name would *not* violate their TM etc. rights as long as it's nonprofit like as said a fansite which again has been the sole purpose of registering that name?
Or is it me mixing up the WIPO "bad faith" part with federal law ?
Any comments are appreciated.
so i received my first C&D email today.
The name in question is a female rap star's name,it's the .net version that i registered a while ago.
So far it's "Under Construction", my intention to register the name was of course to make a nonprofit fanpage about her.
Here is what they wrote:
"Ladies and Gentlemen:
This law firm represents xxxxxxx xxxxx, professionally known as ââ¬Åxxxxx.ââ¬Â As you know, xxxxx is a well-known and successful entertainer and personality, throughout the world, with significant name recognition.
It has come to our attention that you have registered the internet domain name ââ¬Åxxxxx.netââ¬Â (the ââ¬ÅDomain Nameââ¬Â).
Please be advised that your registration and/or use of the Domain Name without our clientââ¬â¢s authorization constitutes an infringement of her rights and a violation of various laws, including, without limitation, her rights under applicable laws regarding unfair competition and trademarks.
We hereby demand that you transfer all of your rights in the Domain Name to Ms. xxxxx immediately.
Please contact me at your earliest convenience to discuss this transfer.
This e-mail is written without prejudice to all of our clientââ¬â¢s rights and remedies in this matter, all of which are hereby expressly reserved, without limitation.
Sincerely,
xxxx xxx esq.
xxxxxxxxxxx "
Note: Their lawyer belongs to the lawfirm that i know has enforced numerous closings of fan websites on behalf of another Rockstar client of theirs, Prince.
Now my question is:
I thought in terms of freedom of speech etc. the sole registration of a celebs name would *not* violate their TM etc. rights as long as it's nonprofit like as said a fansite which again has been the sole purpose of registering that name?
Or is it me mixing up the WIPO "bad faith" part with federal law ?
Any comments are appreciated.