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Old 09-25-2009, 07:28 PM   #1
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Default Infringement of trademarks,people etc

Just wondering if anyone has got into any trouble in the past with trademarks and stuff like that?

For example. If I had a blog about Britney Spears and had Britney-Spears.com as opposed to britneyspearswebsite.com (her official site (hypothetically)). It'd be around for a while and I'd contacted her management but they'd been pretty reasonable about (i.e. saying they were pushing her main site and would talk to you sometime but never got around with it).

Ran the site as a fan site but with google ads /affilliate links or even went on to sell the page is there any legal reason why I should get in trouble for this? What are the technicalities?

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Old 09-25-2009, 08:01 PM   #2
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Default Re: Infringement of trademarks,people etc

I don't really understand what you are talking about here - sorry.

If you have written permission to use something similar to a name, trade mark, brand or domain (from the owner or representative of the owner of that name, trade mark, brand or domain), then way to go - use it.

If you don't have permission, then forget about it. Don't assume anything. A brand name means big money, expensive lawyers and publicity that you don't have.

If the owner/brand name comes after you for any sort of violation, then you had better be a very fast runner!

Just my thoughts,

Jeff.

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Old 09-25-2009, 08:11 PM   #3
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Default Re: Infringement of trademarks,people etc

Quote:
Originally Posted by Jeff Henshaw View Post
I don't really understand what you are talking about here - sorry.

If you have written permission to use something similar to a name, trade mark, brand or domain (from the owner or representative of the owner of that name, trade mark, brand or domain), then way to go - use it.

If you don't have permission, then forget about it. Don't assume anything. A brand name means big money, expensive lawyers and publicity that you don't have.

If the owner/brand name comes after you for any sort of violation, then you had better be a very fast runner!

Just my thoughts,

Jeff.
Sorry perhaps I should clarify instead of being so ambitious. If you are running a fan site using the name of the person in the domain name but monetising it. Say by affiliate selling or CPC. Are you allowed to do this?
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Old 09-25-2009, 08:32 PM   #4
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Default Re: Infringement of trademarks,people etc

You're going into grey area's here so I suggest you consult a trademark lawyer to advise you. They'll be cheaper than a lawsuit from a large brand (and celebrities are huge brands backed by bigger brands!).

Rich
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Old 09-25-2009, 10:27 PM   #5
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Default Re: Infringement of trademarks,people etc

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Originally Posted by Richard Tunnah View Post
You're going into grey area's here so I suggest you consult a trademark lawyer to advise you.
Wholeheartedly agree. There's no all-in-one legal decision saying this or that,
and such cases have gone both ways depending on each one's facts.

Generally speaking, fan sites without signs of commercial use (like ads) might
"safely" operate, despite bearing someone's trademark name. OTOH it depends
on who you're potentially dealing with, especially if they're willing to run you
down on legal costs.

Not to mention some change their minds anytime.

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