Would these type of domain names be subject to DMCA and other similar crap?

ShadeDream

BANNED
Joined
Nov 27, 2008
Messages
2,296
Reaction score
5,536
For example, would domains such as *CelebrityNameHere*FanSite.com be liable to take downs and copyright infringement or any other legal crap? Is it easy to lose those type of domains if the site intent is commercial? Or does this only apply to companies and trademarks?
 
Any trademark infringement can be subject to a takedown notice. It just depends on how aggressive they are in protecting their brand.
 
Celebrity names cannot be trademarked. There's more than one Brad Pitt in the world, you know.

There's an interesting article on Sedo about celebrity names in domains. Unfortunately, I can't post links here yet, so do a Google search for "celebrity cybersquatting" sedo and you should be able to find it.
 
You can make celebrity fan sites no issue... I also have one good domain for very famous celebrity which I am going to develop very soon... :) I don't think any celebrity got trademark on their name lol if they do they may start asking people to pay money for naming their children...

Hell imagine no Mr. Pitt can name his son Brad if they do they have to pay money to Brad Pitt... Funny...
 
Celebrity names cannot be trademarked.

It comes down to a fair use issue. Found a good artilce on it and then was pinged by the auto-mod for posting URLS. Oh well, so much for doing the right thing and sending you to the source. Here is the summary. Just google a string from this to find the article in question.

As a general rule, you can use a trademark (or celebrity's name) for editorial or informational purposes without infringing. Such uses do not require permission because they inform, educate, or express opinions protected under the First Amendment. For example, "Super Size" is a trademark of a big burger conglom and is used in the title of a documentary. (Speaking of documentaries that use McTrademarks, the Dear Rich staff really loved "McLibel"). "Sinatra" is also a federally registered trademark and is used in documentary titles; ditto for James Dean and Marilyn Monroe. The laws protecting celebrity names and likenesses only go so far and you will likely run into problems if you sell goods or services using the celebrity's name or image, or if you imply the endorsement of the celebrity for any goods or services.
 
DMCA does not apply to domains... I believe current law states that domain names are not trademarkable. Don't quote me on it though.
 
DMCA does not apply to domains... I believe current law states that domain names are not trademarkable. Don't quote me on it though.
 
there are lots of justin bieber domains ranking on google. ;)
even brangelina has been registered and ranking without objection.
 
i have a domain (michaeljackson******.com ) that around the end of june of each year (sine he died in 2009) receives thousands of visits,
i would sell it to sedo but i can't add it because

michaeljackson*****.com: We're sorry, but we cannot allow you to add this domain to your account due to a potential conflict with the trademark rights of a third party.

can you suggest me another place where i could sell it without these limitations ?
 
Thanks for the replies. It's just that I want to register a domain and make sure that it won't be taken from me. I was trying to find out if I could actually use celebrity names as if not I would then go for their initials. I think I might still do that though.

And for anyone else interested, this is the Sedo article mentioned by saveferris:

Even if a celebrity can prove a common-law trademark right in their name, the right does not necessarily prevail at all costs. The second and third UDRP factors require celebrities to show that the domain owner lacked a legitimate use for the domain name and that the registration is in bad faith. A Panel may determine that the domain owner has a legitimate interest in the domain if they share the same personal name as the celebrity or uses the domain for a fan/gripe website. However, regardless of a domain owner's legitimate interest, a determination that the domain name was registered in bad faith will sway any decision in favor of the celebrity. Source confusion and intent to profit are the bad faith factors most commonly cited in celebrity domain name proceedings. With source confusion, panels worry that use of the celebrity's personal name will confuse internet users into thinking that a website is run, owned, endorsed or sponsored by the celebrity. This concern is more prominent when the domain name consists solely of the celebrity's personal name and is not coupled with other terms such as "fans." In addition to confusion, any commercial use of a celebrity domain name will also be weighed against the domain owner. Commercial considerations include offering the domain name for sale or loading the website with sponsored advertisements. In fact, panels have generally held that even if the website is being used as a fan/gripe site, any evidence of commercial gain, i.e. sponsored links, will lead to a finding of bad faith.

Since these disputes tend to end favorably for the celebrity, it is reasonable to consider the following points when dealing with celebrity domain names. First, a celebrity's current commercial use of their personal name will weigh heavily in favor of the celebrity. Second, if a domain owner is using the website as a fan/gripe site then they may have a legitimate interest in the domain. In addition, if the domain contains other terms such as "fans", i.e. bradpittfan.com, then it is more likely that the court will favor the domain owner for free speech reasons. Third, regardless of a domain owner's legitimate interest, if the domain is being utilized for financial gain the celebrity will likely prevail.

Code:
http://www.sedo.com/links/showlinks.php3?tracked=&partnerid=&language=us&Id=2365

PS. I only quoted the more useful part here.
 
Back
Top