Possiably a Legal Issue ?

[stoned]

Hey, I own two domains, One is the name of a album coming out in 11 days. Is this illegal?

 

[Dave Zan]

Hey, I own two domains, One is the name of a album coming out in 11 days. Is this illegal?

Questions:

1. Were you aware the album was going to be released prior to your getting
the name?

2. How are you using the name?

3. Are you selling it openly (i.e. domain displays "For Sale")?

 

[stoned]

1. Yes
2. It is empty now, Possiably going to park at sedo.
3. No.

 

[namedropper]

1. Yes

Congratulations, you're a cybersquatter.

 

[furca]

Congratulations, you're a cybersquatter.

Be happy while you can but when they ask for it, go ahead and you know, nudge it over to em.

 

[Biggie]

only my opinion.......

if you work for the company, that is releasing the album, then it is unethical in their eyes!

if you don't then....it was their oversight, that they did not register the domain.

park it and wait

 

[cogeek]

Just create the site!

 

[namedropper]

Hello, this is EXACTLY textbook definition of cybersquatting. This is a violation of the rules you agree to follow when you register names, and it is AGAINST THE LAW in the U.S. (to the tune of fines of $100,000), and since the person who asked the question is from the U.S., you can't find a more clearcut answer than that.

You'd think that people here (and especially a moderator) would be more responsible in the advice they give.

 

[jberryhill]

Hello, this is EXACTLY textbook definition of cybersquatting.

Really?

And someone has trademark rights in the name of a recording which has not been released yet, uh, how?

It depends on the name and on what the registrant intends to do. Looking at some of my favorite album titles...

americanbeauty.com - owned by a pasta company

darksideofthemoon.com - owned by someone selling meteorites

onesizefitsall.com - owned by an individual in NY

joesgarage.com - owned by an auto museum

stealyourface.com - owned by a fan of the band

 

[namedropper]

And someone has trademark rights in the name of a recording which has not been released yet, uh, how?

Advertising. Preorders. A substantial amount of commerce under the name of a soon-to-be-released album would have already taken place at this point. When he posted there was only 11 days left before it would be released.

And perhaps it helps that I looked at what the original poster was said on other threads (not that I'm saying you should have bothered, but I did). We aren't talking about a name that is generic that just happens to be the same as an album coming out later, he purposefully chose to register the album name.

Per other posts (this comes from recent one, but he had them up for sale/appraisal earlier too), he registered:

"babyballa.com ( Latest Chingy Song )
powerballin.com ( Chingy Album coming out on the 16th )"

It's a clear example of cybersquatting.

 

[help118]

Yeah I Think so

 

[cogeek]

hey guys, i would like to ask! If this person create a site for this album and add pics and informations will he be still a cyberquatter?

 

[dtobias]

It's my (non-lawyer) impression that titles of individual works (books, short stories, songs, albums, etc.) have little or no trademark protection by themselves... a name has to be used in an ongoing way, as in a series of works or in related merchandising before it has trademark significance. After all, names of stories, songs, etc. get re-used all the time; there are quite a number of different songs (not to mention a movie, etc.) named "My Girl", for instance. "What A Girl Wants" was a Christina Aguilera song and a completely unrelated Amanda Bynes movie.

 

[jberryhill]

It's my (non-lawyer) impression that titles of individual works (books, short stories, songs, albums, etc.) have little or no trademark protection by themselves

Correct.

http://www.ivanhoffman.com/protect.html