Owning a domain name of a famous person.

[Yaffiliate]

Ok, I have always tried to stay far clear of possible TM domains. But I have recently added a few domains that contain the name of a someone famous. Am I in any danger?

 

[tekz999]

Have you check out billgates.com? sigh. I believe if bill gates was to grab billgates.com, his winning percentage is 100%.

 

[DNQuest.com]

That is a loaded question and will cause pages of arguement Your best bet is to look up "celebs" and "famous" in this section and read up. This subject has been discussed at length and many times, some people will just go around and around.

But the simple answer is "yes" you are infringing, but read up and learn the info. It is very in depth.

 

[Dave Zan]

And as one person consistently said, USAGE USAGE USAGE. :-D

 

[Ian]

I think sometimes it might be worth the risk since some of the celebs do not always follow up their names immediately (due to unknown reasons) but when they do the UDRP decision will obviously tend to favor them.

 

[DNQuest.com]

^^^ but he big question is... why is that true???

 

[ptesite]

It shouldn't be true. Names can't be copyrighted, and they are public personalities.

 

[dodo1]

You have no right to use such a domain. You would even not be allowed to register the name of a nonfamous person. Just imagine somebody would register your full name. You would probably be successful in sueing the registrant for it. (As long as the other person does not have the same name, of course.)

By the way, I have a link for you: http://www.dnforum.com/thread151207.html

 

[DNQuest.com]

It shouldn't be true. Names can't be copyrighted, and they are public personalities.

You are right, they cannot be copyrighted, 100% accurate... now for a lesson, they are trademarked, and for that, they are afforded protection.

But to answer the question since no one else will and it would seem many people will not research.....

The reason it "SEEMS" WIPO favors celebs is because the domain owner demostrated bad faith and violated TM law. That is why it "seems" to favor the celebs. You do know that celebs have lost fights over thier Tm domain, and for that, I will ask again, why is that?

 

[WhoDatDog]

You have no right to use such a domain. You would even not be allowed to register the name of a nonfamous person. Just imagine somebody would register your full name. You would probably be successful in sueing the registrant for it. (As long as the other person does not have the same name, of course.)

By the way, I have a link for you: http://www.dnforum.com/thread151207.html

Wrong on all fronts.

 

[DNQuest.com]

You have no right to use such a domain. You would even not be allowed to register the name of a nonfamous person. Just imagine somebody would register your full name. You would probably be successful in sueing the registrant for it. (As long as the other person does not have the same name, of course.)

By the way, I have a link for you: http://www.dnforum.com/thread151207.html

I don't think there is a single truth in this statement.

 

[Dave Zan]

You have no right to use such a domain. You would even not be allowed to register the name of a nonfamous person.

Not quite:

http://domains.adrforum.com/domains/decisions/503817.htm

http://arbiter.wipo.int/domains/decisions/html/2000/d2000-1532.html

And especially this one:

http://www.arb-forum.com/domains/decisions/449882.htm

The respondent had every reason to lose the 3rd. But...he won. :-D

Every registrant has every right to use the domain name as they see fit...but
subject to: a) the terms and conditions of their registrar's service agreement,
and b) any and all other "laws" applicable (e.g. ACPA, UDRP, etc.).

 

[dodo1]

:tape2: Beaten on all fronts. Thanks for the private lesson though!

 

[Nolz91]

Good topic! HELP!! I have a issue with a domain name I reg. recently. It's currentlyr reg with Yahoo. It's not the name of a famous celeb or famous person yet, just a person of interest lately. Since I reg. a few days ago, I've been getting emails from someone claiming to be representing the family of ****** ******.com(my domain) I first doubted his authenticity and ignored his emails.

I kept getting emails request by him to transfer the name on behalf of the family of ******. Mind you, he offered no compensation for it and no official proof of authenticity. I finally replied back in my own words, stating I had gotten several offers in a certain price range and what was his offer. (maybe not the best thing to do)

Here's his reply:

Dear Mr. Smith,

I inform you that I am writing you in the name of ****** *****.

I have to inform you that it is illegal to sell this domain, if not to ****** ******, since she is the natural owner of the name.

We are willing to pay you US$ 500 straight away.

If you are not willing to sell the domain we will go to court.

In this case you will have expenses in the range of xx,xxx and you have to expect this amount to grow.

So you have the choice: to make a little money right now (within the next 48 hours) or face further legal actions.

Further more we will make an official and public statement that you try to enrich yourself by using the personal name of Ms *******.

I hope you understand that this is a very serious matter – you can´t make deals with such a personal tragedy.

Bernhard Dostal
__________________________________
Mag. Bernhard Dostal
Geschäftsleitung

bettertogether GmbH
Kärntner Ring 2
1010 Wien

DOES IT SOUND REAL????? If it was really from the family, I would give it up to them and ONLY them. This guy sounds like he's scamming. I'm not sure what to do, since this is the first time I've really had some strong interest in one of my domains unsolicited.

any ideas?
:fencing:

Nolz91

 

[WhoDatDog]

Good topic! HELP!! I have a issue with a domain name I reg. recently. It's currentlyr reg with Yahoo. It's not the name of a famous celeb or famous person yet, just a person of interest lately. Since I reg. a few days ago, I've been getting emails from someone claiming to be representing the family of ****** ******.com(my domain) I first doubted his authenticity and ignored his emails.

I kept getting emails request by him to transfer the name on behalf of the family of ******. Mind you, he offered no compensation for it and no official proof of authenticity. I finally replied back in my own words, stating I had gotten several offers in a certain price range and what was his offer. (maybe not the best thing to do)

Here's his reply:

Dear Mr. Smith,

I inform you that I am writing you in the name of ****** *****.

I have to inform you that it is illegal to sell this domain, if not to ****** ******, since she is the natural owner of the name.

We are willing to pay you US$ 500 straight away.

If you are not willing to sell the domain we will go to court.

In this case you will have expenses in the range of xx,xxx and you have to expect this amount to grow.

So you have the choice: to make a little money right now (within the next 48 hours) or face further legal actions.

Further more we will make an official and public statement that you try to enrich yourself by using the personal name of Ms *******.

I hope you understand that this is a very serious matter – you can´t make deals with such a personal tragedy.

Bernhard Dostal
__________________________________
Mag. Bernhard Dostal
Geschäftsleitung

bettertogether GmbH
Kärntner Ring 2
1010 Wien

DOES IT SOUND REAL????? If it was really from the family, I would give it up to them and ONLY them. This guy sounds like he's scamming. I'm not sure what to do, since this is the first time I've really had some strong interest in one of my domains unsolicited.

any ideas?
:fencing:

Nolz91

If they are willing to pay $500 then they are likely willing to pay $2,000. Tell them that your final offer is $2,000 and that if you do not hear back from them in the next 24 hours the name will not be for sale.

 

[Nolz91]

THANKS FOR THE RESPONSE! Sounds like the name has some value to it.

Nolz91

 

[JayB]

Should Be Fine, Unless You Get Grassed On

 

[Dave Zan]

Nolz91, the email has given you clues on the party's potential rights to the term.
Do a google search and see what comes up.

Is this a .com or a .de? I wonder how it appears a German-based magistrate is
involved.

"Deals with such a personal tragedy". Interesting to know what happened.

 

[DNQuest.com]

Listening to WhoDatDog can cause you trouble.... not sound legal advice if that is what you are looking for.

THANKS FOR THE RESPONSE! Sounds like the name has some value to it.

Nolz91

Nolz, you are what they call a cybersquatter. You registered and used a domain in bad faith in hopes of profitting. With that said, you are not entitled to any compensation or concideration or even nicities when called upon. Most TM holders would just settle for getting the domain back. It seems you were contacts by a PR person (which I would assume is the PR guy for the person whose name you hold). If in fact there is a relationship betwee the 2, then he does have hte right to ask for the domain.

As far as penalties are concerned, you are looking at loss of domain, loss of revenue, punitive damages, legals fees for both sides and $100,000.00 fine if the Lanham Act is invoked and labeled a cybersquatter. Chances are things will almost never go that far, but that is the real life possibility. What you need to decide if the risk/reward factor you are willing to take. The odds are against you in winning a battle, so is %500.00 woth it to settle? That's up to you.

 

[Paul_Kuhn]

How can you make profit from a girl that was kidnapped and arrested for eight years?

AHoi!