Domain Copyright Infringement

Get the nameBAND.com

Get the name.net/org

Right now as an expert on WIPO you have no chance, unless they contact you with a sell offer.

The fact is anyone can own a name.

Now if you want to hire a slime bag USA lawyer he can file and the moron judges in US courts that are clueless on WIPO case law will say oh yeah, you deserve the name.

So a real domain name court which is WIPO you lose.

If you find a slime bag USA attorney to ignore REAL DOMAIN NAME LAW you probably win.

But in US courts you need service.

Now if you're not in the USA, then you need to find someone that knows domain case law in your country, but WIPO is the main forum and unless they deceive the public and say they're the band or unless they offer it to you for dough.

Nothing wrong says WIPO.

If they don't have a trademark registered, the fan probably can keep the domain, you can watch to see if it drops.

Have them register the trademark ASAP regardless. Once the trademark is registered, no one else can get the domain.

In the meantime register a variation of the name and use that.

I am not a lawyer, in fact have no legal training whatsoever. I don't even play a lawyer on tv.
In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of my opinion. Taking legal advice from anyone via the internet is a bad idea, you should do your own research and consult proper legal counsel before embarking on anything after breakfast.

Thanks for the input!

They've been around for a bit, are pretty well known, and I'm sure they registered the trademark (I will confirm this in a bit), they just didn't have anybody to consult them on domain registration.

From what I gathered based on the information below, it seems that we're legally entitled for that domain name, the only problem is - nobody wants to sue, as it's too much trouble. Is it possible to send a C&D letter to host provider/registrar and ask them to re-register the domain/close the website/etc? At present, this website stands as #1 in SERPs, and that's obviously not okay.

Any of these ring true?
Web Site Legal Issues (BitLaw)
Rights Granted Under Copyright Law (BitLaw)
Domain Name Disputes (BitLaw)
What Musicians Should Know About Trademark | IAtv | Indie Ambassador

I'm still looking for the actual legal material on this...

Copyright law may not protect a URL. Trademark law however may protect a URL.

If the domain name has your "registered trademark" name in it, you may have a case.

If the URL was registered with the purpose of using your trademarked name for gain, financially, building a list, etc, you may have a case.

If the person has no legitimate purpose for owning that domain name other than riding on the success of a popular bands name, you may have a case.

If you don't have a Lawyer and sufficient funds to pursue this legally, you don't have a case.

If as you say "nobody wants to sue, as it's too much trouble", then it sounds as if you are stuck with the DIY approach. send C&D letters, etc.

Like Alexa said, you need to talk to a lawyer. That doesn't mean you need to sue, but a lawyer can send c&d letters to the owner and the registrar which may be enough if you provide proof of trademark. Companies like to avoid lawsuits, so it might scare them into complying if they're in the wrong.

Then again, I'm not a lawyer so you really shouldn't trust anything I said

As Alexa and others say, you really need an Intellectual Property lawyer who's familiar with the law as it stands in the relevant jurisdiction.

That said, and bearing in mind that I'm not a lawyer, and I don't know where the domain is registered etc., and it's quite some time since I've engaged in a domain dispute from either side of the fence, isn't it possible that there may be some "goodwill" in the domain name, effectively making the possibility of an "unregistered trademark" as I *think* it is / was called here in the UK, even if the mark wasn't registered? Might be a jumping off point for a little research for you, anyway.

Also, taking a slightly oblique approach, if the fan site's content includes anything that belongs to your client - images, sounds,...? - and it's hosted in the US, perhaps you could approach the host with a DMCA notice and takedown letter? That should get the offending material removed, but not the whole site, but it might inconvenience the fan and send a message that you're serious.

TLONDON...First, stop asking for legal input on an open forum. There are about 6 Domain attorneys. John BerryHill is very active in the community. IF they registered the domain to ride on the bands coattails, that is illegal in the USA. The domain was registered in 'bad faith' John will talk to you for free OR he will refer you. Find out what the band's options are, then decide

Is the band a brand?

(If you don't know what I mean by this question, you're not the guy to be handling this for your client - THEY, not their web guy, need to pursue it through a UDRP claim).

If they don't have a trademark, they have no legal claim to the domain.

If they DO have a trademark, but the original domain registration date pre-dates their band name, they have no legal claim to the domain.

If they DO have a trademark, but the site is about something completely unrelated to their band, music, etc., they have no legal claim to the domain.

If they're a "household name", they have no actual legal claim but they CAN request a panel of arbitrators via a UDRP claim make a decision on the issue. This will cost a little under $3,000 and there is no guarantee they will side in your favor. If it were me, I would argue that the owner registered it with the sole intent of selling it back to us and not having control of it would cause market confusion, but those things have to be true in order for that claim to stand.

Or in other words ... stop trying to find a way to take it simply because you think you "deserve it".

If you don't have your legal basis covered, if the owner wants a couple thousand bucks just pay him and be done with it. I've had to do this for some MAJOR brands - brands that are household names. The squatters know the rules... they know what arbitration costs, and they conveniently price the domains just below that. Since there are no guarantees with arbitration, it's cheaper just to pay them, and the transfer happens faster.

Don't send him threats (that's actually the worst thing you can do - he has no obligation to respond to them). ASK him what his intentions are and what it would take to acquire it. Get him to give you a dollar figure - because once he does, he's identified himself as a squatter and now you know your course of action.

Cybersquatting - Wikipedia, the free encyclopedia
This may be of some help

Sorry but the Band can't be that "Famous" if they don't want to bother with legal action to protect their brand name?

PS. If all you want is opinion then that's great, if you're looking for legal advice don't ask on an IM forum...

I think it`s too much trouble, and unless they want to hand you the domain, you have no case against them, until they get bored.

Thanks for all the input, some of it was very helpful. I still, however, don't have a definite answer. I'm going to clarify some of the confusion below.

- The band is an LLC, but their name isn't trademarked.
- The website is a fansite, with pictures and names of the band members, and it has Adsense in the sidebar. It hasn't been updated since 2012, and it's on the first position in SERPS for band's keyword - owner is definitely making money, and he/she doesn't respond to emails.
^ Is there a case?
- I'm not representing the band in anyway; I know the people, and I'm just inquiring on their behalf. Their manager has been dealing with this for a while, but he doesn't seem to make much progress.
- This is a punk rock band. If you like punk rock, you'll know them. They've been around for 14 years, based in the US.

Thanks for all the help guys!

Oh, and of course the band "deserves" it! It's their name, they came up with it, and its their music that makes the name popular. The fansite is just a parasite at this point, with no production value whatsoever.

No trademark, no case.

Doesn't sound to me like THEY are trademarked under the circumstances. Is it possible to just add a word to the URL and register something similar? Depending on the circumstances of the band's "ownership" of their name, they might have rights to do that - and in that case a fan club website might actually be more of a help than a nuisance.

You said they "might" have a trademark right? Um........do you think maybe that is your best course of first action is to figure out whether they do or don't have a right to use their name as "trademarked"?

You do realize that if they ARE trademarked and the site you are worried about is infringement - if they DON'T act against it, they can lose their trademark?

I'm sorry. I don't feel you are the one to be handling this issue for them. It sounds like you haven't the first faintest clue of what you are doing and you might end up getting sued from their end if your inexperience costs them money or fame.

Easiest route to go would be to file a UDRP. It isn't copyright infringement. It's cybersquatting.
Uniform Domain-Name Dispute-Resolution Policy - Wikipedia, the free encyclopedia
https://www.icann.org/resources/page...-2012-02-25-en