use of tv show name like DesperateHousewives.com

[thejosh]

If you have a domain name like DesperateHousewives.com do you have any right to use the domain name for a Desperate Housewives fan site, or forum? What if you say it is not an official site of Desperate Housewives?

 

[DNQuest.com]

Use the search box and type in "celebs" in teh legal section, there is a ton of information that covers almost every possible senario...

 

[thejosh]

but I am not talking about a celeb. I am talking about a show.

 

[stuff]

but I am not talking about a celeb. I am talking about a show.

where`s the difference?

 

[DNQuest.com]

^^^^^^ exactly...

 

[thejosh]

A celeb can not trademark their name... I am talking about a tv show who's name is trademarked by a big company like MTV

 

[Dave Zan]

A celeb can not trademark their name

Really?

Word Mark MICHAEL JORDAN
Goods and Services IC 041. US 107. G & S: CONDUCTING SPORTS CLINICS AND SPORTS CAMPS FOR OTHERS; ENTERTAINMENT SERVICES - NAMELY, STAGING ACTING PERFORMANCES FOR OTHERS; EDUCATIONAL SERVICES IN THE NATURE OF LECTURES. FIRST USE: 19840901. FIRST USE IN COMMERCE: 19840901
IC 042. US 100. G & S: COUNSELING SERVICES IN THE FIELDS OF CONTROLLED SUBSTANCE ABUSE AND ALCOHOL ABUSE; CAREER AND STAY-IN SCHOOL COUNSELING SERVICES. FIRST USE: 19840901. FIRST USE IN COMMERCE: 19840901

IC 035. US 101. G & S: PROMOTING THE GOODS AND/OR SERVICES OF OTHERS THROUGH THE ISSUANCE OF PRODUCT ENDORSEMENTS. FIRST USE: 19840901. FIRST USE IN COMMERCE: 19840901

Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 73607729
Filing Date July 3, 1986
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition February 16, 1988
Registration Number 1487719
Registration Date May 10, 1988
Owner (REGISTRANT) JORDAN, MICHAEL INDIVIDUAL UNITED STATES 2559 ESSEX ROAD NORTH BROOK ILLINOIS 60062
Attorney of Record PERLA M. KUHN
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 8 (6-YR).
Live/Dead Indicator LIVE

http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-0210.html

The initial consideration of the Panel was whether Complainant had sufficiently alleged the existence of common law trademark rights in her Complaint. On page 5 of her Complaint, Complainant alleges that "The Respondent’s use of www.juliaroberts.com infringes upon the name and trademark of Complainant and clearly causes a likelihood of confusion as defined by Section 2(d) of the United States Lanham Act, Section 2(d), 15 U.S.C. Section 1052(d)." From this allegation, the Panel understood that Complainant asserted common law trademark rights in her name. The Panel further decided that registration of her name as a registered trademark or service mark was not necessary and that the name "Julia Roberts" has sufficient secondary association with Complainant that common law trademark rights do exist under United States trademark law.

A recent decision citing English law found that common law trademark rights exist in an author’s name. The Policy does not require that the Complainant should have rights in a registered trademark or service mark. It is sufficient that the Complainant should satisfy the Administrative Panel that she has rights in common law trademark or sufficient rights to ground an action for passing off. See Jeanette Winterson v. Mark Hogarth, WIPO Case No. D2000-0235, May 22, 2000.

 

[WeBuyThe.Com]

A celeb can not trademark their name...

I believe this only applies to politicians / public figures like George Washington but since Hillary Clinton won rights to her name I'm not so sure this is even true anymore.

 

[thejosh]

But, Michael Jordan does not own michaeljordan.com. And what if some other person who was named Michael Jordan owned the name, that is their legal name, why should the NBA MJ be able to take the name from him? I digress.

 

[DNQuest.com]

A celeb can not trademark their name... I am talking about a tv show who's name is trademarked by a big company like MTV

You seriously need to research before you post again... you are completely wrong.... oh my God you are wrong.

But, Michael Jordan does not own michaeljordan.com. And what if some other person who was named Michael Jordan owned the name, that is their legal name, why should the NBA MJ be able to take the name from him? I digress.

I beg of you to research... please

 

[Dave Zan]

I suggest you consider DNQuest's suggestion, thejosh. Don't expect people to
answer questions for you just like that.

Ask and you shall receive. But if you want something done right...