Are celebrity names "exact match domains" trademarked??

13 years ago

Can you? Sure. Should you? Well, depends on how much exposure you garner. "Legally" no, you shouldn't but in the real world many people do and get away with it. It's a grey area.

Originally Posted by GeorgR.

Wondering...

Can you simply use a celebrity domain and make a site?

G.

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arttse

13 years ago

Yes as long as the name isn't trademarked.

What you publish may have legal implications.

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1 reply

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bnwebm

13 years ago

Trademark can be implied and can come back to bite you in the proverbial a**.

Originally Posted by arttse

Yes as long as the name isn't trademarked.

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1 reply

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arttse

13 years ago

What if the celebrity name is a common name and you register it. Are you saying you could get sued?

Originally Posted by bnwebm

Trademark can be implied and can come back to bite you in the proverbial a**.

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1 reply

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bnwebm

13 years ago

You can, absolutely. Is it likely though? No, not unless they find out you have made a boatload of money off the domain.
ETA: I should add that the first thing they would do, legally is send you a cease and desist letter. If you take down the site, that's probably the worst that will happen. Again however, if you are making money and they find out, they could push it further.

Originally Posted by arttse

What if the celebrity name is a common name and you register it. Are you saying you could get sued?

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2 replies

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rosetrees 13 years ago

I own a celebrity domain name. It's a very basic site - kind of on the "to do" list for a makeover.

I contacted the celeb's agent before adding content. If the celeb ever decides that he/she wants the site I would have no problem in handing it over.
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Cyberkntsean

13 years ago

You might want to read up on:

The Legal Battle Waged Over Julia roberts . com - This was back in 2000

forbes . com/2000/06/05/mu3.html

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1 reply

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JohnMcCabe

13 years ago

Originally Posted by arttse

Yes as long as the name isn't trademarked.

What you publish may have legal implications.

Originally Posted by arttse

What if the celebrity name is a common name and you register it. Are you saying you could get sued?

This is bad information.

This should answer your questions...

Publicity | LII / Legal Information Institute

Here's the short version, from the link above:

The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona. It gives an individual the exclusive right to license the use of their identity for commercial promotion.

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1 reply

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arttse

13 years ago

It all depends how you use a domain.

What if you built a site about potting mix and registered michaeljordan.com.

Would Michael Jordan (the basketballer) successfully sue you? Of course not.

Originally Posted by JohnMcCabe

This is bad information.

This should answer your questions...

Publicity | LII / Legal Information Institute

Here's the short version, from the link above:

Thanks
2 replies

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JohnMcCabe

13 years ago

Originally Posted by arttse

It all depends how you use a domain.

What if you built a site about potting mix and registered michaeljordan.com.

Would Michael Jordan (the basketballer) successfully sue you? Of course not.

Give me a break. Unless your name happens to be Mike Jordan, what are the odds someone is going to use michaeljordan.com to sell potting mix?

The reason someone would register a celebrity's name as a domain, with concerns about violating trademarks, would be to exploit the celeb's popularity.

If you do, your success depends on three things:

> Your tolerance for playing "how long can I get away with it?"

> The celeb's (or their employees') tolerance for people violating their right to publicity.

> Which judge hears the case in a lawsuit that can get very expensive, even if you win.

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Meharis

13 years ago

Originally Posted by arttse

It all depends how you use a domain.

What if you built a site about potting mix and registered michaeljordan.com.

Would Michael Jordan (the basketballer) successfully sue you? Of course not.

I tell you what. You build the website and will be paying all your expenses.
However, You Will Pay the expenses of the law suit against you. Deal?
Meharis

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BloggingPro

13 years ago

Just because a domain registrar will let you register the domain name does not mean anything. A quick phone call from a lawyer and a cease and desist letter will be coming your way. Doesn't happen to everyone, but it COULD happen to you.

"Just because you CAN drive drunk... doesn't mean your not going to get caught..."

Same principle applies here.

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Ephrils

13 years ago

The music artist in my signature lost her domain name a few years back(she just didn't renew it). Anyway, when she got back into the online scene and making a presence for herself her manager filed in court for her to get back her online name "alexzjohnson.com".

Basically, the former owner had it parked, and citing they were using her name to make money without permission(Adsense) they were able to get the domain back. The former owner of the site obviously never responded to the court order or appeared in court to get the URL back so control went back to Alexz.

Her manager is also an Entertainment Lawyer so I definitely think his actions are worth learning from.

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bross

13 years ago

Originally Posted by GeorgR.

Wondering...

Can you simply use a celebrity domain and make a site?

G.

If you won`t use it for your own good (making money) that`s probably won`t be a problem. But I don`t recommend it anyway. I made a fan page once from one sportsman but I added fanpage behind his name and didn`t have any troubles yet

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MarQueteer

13 years ago

Certainly a grey area and keeping in mind celebs almost always aren't poor people and can afford decent lawyers, the risk vs. rewards calculation is negative in my opinion.

If you have the same name and would use the domain as a private homepage, you'd probably easily get away with it. But impersonating someone else or making money by exploiting someone else's popularity is certainly dangerous.

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kindsvater

13 years ago

Quoting myself from Trademark Issues in Internet Marketing:

Regarding UDRP Domain Name Disputes -

"Does the UDRP Apply to Personal Names?

No, unless the name is otherwise protected by trademark law and used in commerce. However, if there is a common law trademark available then the UDRP will apply. - David Gilmour, David Gilmour Music Limited and David Gilmour Music Overseas Limited v. Ermanno Cenicolla, Case No. D2000-1459 (2000).

A 'domain name identical to a user's surname is a legitimate, non-infringing use of the name.' - Grasso's Koninklijke Machinefabrieken N.V., currently acting as Royal GEA Grasso Holding N.V. v. Tucows.com Co, Case No. D2009-0115 (2009).

Example: joesmith.com - UDRP does not apply. Example: michaeljackson.com - UDRP does apply."

Regarding the US Cybersquatting Law:

A personal name can be the subject of a legal action:

Source: 15 US Code Section 1125(D)

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Are celebrity names "exact match domains" trademarked??

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