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Legality of using Names in Domain

by testaccount9998
13 replies
If I wanted to get a domain with a persons name in it, would that be legal?

i.e. vangoghart.com

Lets assume for purposes of discussion that the person is both famous and dead.


Thanks

Rebtl
#domain #legality #names
  • Profile picture of the author Michael Oksa
    Hi Rebtl,

    Your best bet is to get the advice of a qualified lawyer.

    I am not a lwayer, but here is my limited understanding of the issue.

    If it is someone who is historic, and does not have an estate protecting the name, you may be okay.

    Genghis Kahn, Richard the Lionhearted, Leonardo da Vinci, or St. Augustine are names that should be okay.

    If it's someone who is more recent, and has an estate that collects royalties from the one who has left this mortal coil, then probably not.

    Albert Einstein, Elvis Presley, Marilyn Monroe, John Lennon, Bob Marley, Jimi Hendrix, and the estates of many others are fiercely protective of the use of the departed one's name, image and likeness.

    Your example of Van Gogh is one I don't know offhand, because he may be on the borderline.

    No matter what anyone says here (myself included), don't assume they are right, even if it sounds right.

    All the best,
    Michael
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  • Profile picture of the author Derek Pankaew
    Well, if you're getting a fresh reg I don't see any reason to consult a lawyer unless you plan on building a business around it. Worst case scenario you lose $7.41.
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    • Profile picture of the author Michael Oksa
      Originally Posted by Derek Pankaew View Post

      Well, if you're getting a fresh reg I don't see any reason to consult a lawyer unless you plan on building a business around it. Worst case scenario you lose $7.41.
      No, worst case scenario is you choose the wrong name and get sued by their estate.

      Even if you win, you could still be out a lot of money in court costs.

      My guess is most such cases are handled with a cease and desist letter, but you never know.

      If it's somebody who goes way back, say 200 years or more, you should be okay.

      ~Michael
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  • Profile picture of the author Traffic101
    I think it would depend if his name was copyright or not. If he's copyright, then perhaps his family or children have claim to the name. I would suggest getting a lawyer to help you look into it.
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  • Profile picture of the author testaccount9998
    ok thanks for the input guys, I guess I will try to consult a lawyer, though that sounds like a lot of trouble.

    and yea I am planning on building some niche businesses around some sites with famous peoples names in the title, so this is a very important issue for me.
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  • Profile picture of the author testaccount9998
    I might end up buying a broader genernic domain, and diving the niche markets into subdomains.

    I think this would probably take care of any legal issues? (I hope)

    and it will be easier to build page rank/link building that way.

    Any more tips or advice would be great
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  • Profile picture of the author Michael Oksa
    The only other advice I would add is to be careful, as even using an image or likeness of the deceased could land you in trouble. Maybe, maybe not - just be careful.

    Plus, you'd be amazed at how good they are at tracking these things down.

    ~Michael
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    • Profile picture of the author Neil Morgan
      There's quite a lot on this if you do a Google search.

      Some famous names or their estates have sued the domain owner and won. A few were:

      Julia Roberts
      Jimi Hendrix
      Madonna
      Elvis Presley

      ...and it's estimated that over 80% are returned to the complainant (ie the star).

      Consult that lawyer!

      Cheers,

      Neil
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  • Profile picture of the author testaccount9998
    Yea, thanks Michael, I definitely understand, but as I will be doing affiliate

    marketing, and the company that is selling the products that involve the

    likenesses and thereof of these people surely has the rights to do so, and

    if not, thats really their problem not mine.

    Rebtl
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    • Profile picture of the author Michael Oksa
      Originally Posted by Rebtl View Post

      Yea, thanks Michael, I definitely understand, but as I will be doing affiliate

      marketing, and the company that is selling the products that involve the

      likenesses and thereof of these people surely has the rights to do so, and

      if not, thats really their problem not mine.

      Rebtl
      Well, if you profit from it in any way, it could become your problem. It's that kind of attitude that can get people into trouble.

      Ignorance of the law is no excuse.

      Saying "I thought the affiliate company had it all taken care of" is no excuse either. It is still up to you to do your due diligence.

      You obviously know this could be a potential sticking point, but your previous response has me concerned that you were looking less for advice and more for permission.

      Maybe I'm just misreading your intentions, but whatever you do, I don't want you to get involved in a legal hassle that could have easily been avoided.

      All the best,
      Michael
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  • Profile picture of the author teazers4
    Rebtl,

    I'm pretty sure if you set it up like vangogh.famouspeople.com you should be fine, especially if it's a tribute type of thing rather than just trying to make cash from the name.

    Neil
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  • Profile picture of the author testaccount9998
    I have decided to avoid using a persons name in my main domain.

    However, since I am affiliate marketing products that center on famous people, the company surely has the rights to sell the products they are selling, I should not have a problem using the famous names in sub-directories.

    Because, the company will be paying royalties on the merchandise, so I can just point to this if one of the owners of the estates of one of these people approaches me about it.

    Anyone see any serious holes in this argument?

    Thanks

    Rebtl
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  • Profile picture of the author testaccount9998
    I really appreciate your concern Michael, and yes I know it could become my problem,

    however, the company I want to do marketing for is very large and well respected and I find it next to impossible to believe that they do not have their bases covered on royalties and the like, they are simply too big.

    So, by signing on as their affiliate I agree to the terms and conditions of their marketing, and provided I dont violate any of those rules, it seems fine.

    I mean really, how else would ANYTHING that has some copyrighted protection on it ever get sold?

    I am not trying to be ignorant about the law, or find a work around.
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