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Is it illegal to have a PERSONS NAME in a TLD? IE: CharlieSheenIsADouche.com

Discussion in 'Black Hat SEO' started by HealeyV3, Nov 2, 2011.

  1. HealeyV3

    HealeyV3 Power Member

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    Is it illegal to have a PERSONS NAME in a TLD?
    IE: CharlieSheenIsADouche.com
    BritneySpearsDvds.com etc

    I know it's a trademark infringement to have Trademarked names, but do celebrities etc have their own names trademarked? How does one find out if there IS a trademark associated with a term?
     
  2. Krazy Kitty

    Krazy Kitty Regular Member

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    Try it and find out.
     
  3. HealeyV3

    HealeyV3 Power Member

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    Thank's for your help! That's a GREAT idea!
     
    • Thanks Thanks x 1
  4. Winchester

    Winchester BANNED BANNED

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    No a name can not be trade marked in that manner, it isn't trade mark law you have to worry about the violation you need to watch out for is

    A) Pretending to in anyway be officially related to them

    B) Slander/Libel Charges (IE saying something untrue and damaging to their income or psyche) in this case libel which is violation of the written charge.

    You are safe from charges of libel IF:

    1) The statement can be proven as a fact

    2) You can prove the statement caused no harm

    3) You hold "qualified" or "absolute" privilege (your testimony is based on the fact you are an expert in a certain field, or is given before a government legislature)

    4) It is your commentary on a mater of public interest and is fair

    5) It is your sole opinion, backed by fact, and clearly stated as opinion rather than anything you are trying to pass off as fact.

    6) Claimant is incapable of further defamation - I.e. their reputation is so terrible it no longer matters

    So make sure one of those 6 defence claims work in your favor and you are fine
     
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  5. HealeyV3

    HealeyV3 Power Member

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    Thank you so much mate! Rep+!
     
  6. skohh

    skohh Regular Member

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    It's only illegal if you get caught...

    But no really, If it were militant illegal, I would think it would be difficult to register them.

    my .02
     
  7. Theodore

    Theodore Power Member

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    Edit: Winchesters post is so much better then mine! lol Listen to him he knows his stuff.
     
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  8. Winchester

    Winchester BANNED BANNED

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    *twitch* ...

    Haha thanks theo; I'm well versed! But you raised good points! :) +rep for the helpful effort!
     
  9. Madruga

    Madruga Senior Member

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    Charlie Sheen is not a douche! Charlie Sheen is bi-winning xD
     
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  10. theindiaphile

    theindiaphile Senior Member

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    Wow, that potential URl bought tears to the eyes. Too funny mate!
     
  11. LBrown

    LBrown Senior Member

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    You can trademark your name, but most people don't so that isn't much of an issue. If you're curious, just google, "name + trademark name." If their name is trademarked they can seize the domain just like any other trademarked domain.

    Otherwise, great info from Winchester about slander.
     
  12. Krazy Kitty

    Krazy Kitty Regular Member

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    I'm glad you think so, darling. Good luck with that.
     
  13. Winchester

    Winchester BANNED BANNED

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    Can you legally register it as a trademark, yes, however being as names are usually either too common or indirect then trademark claims dont hold up in course, the WORST case is they could take the domain from you but if its a "generalized term" in this case name of a celeb, and its used for a site related to that celeb then their case would be fruitless.
     
  14. ILoveCSharp

    ILoveCSharp Regular Member

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    Winchester thanks for explanation
     
  15. bertbaby

    bertbaby Elite Member

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    Two additional points:

    Is the the person in question considered a public figure? If so they have to prove actual malice on your part.

    As to Trade Marks look up TESS and research to your heart's content!

    I suggest you hide your registration information.
     
  16. srb888

    srb888 Elite Member

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    Sun, Mon, Tue, WTF, Sat!!! :)
    Just checked G. Found this :D >>
    Code:
    https://www.google.com/search?q=billgates.com&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a&hl=en
    
    If you see near the bottom of the 1st result page, you'll find: k i l l billgates.c0m.

    Hahaha, someone can't stand the sight or even the thought of BG, it seems!

    And that someone has definitely survived Bill's lawyers' gaze there!

    And if you do a whois, you'll see that the registrant has his full name and address exposed, and he is definitely not the big man BG himself!

    P.S.:
    On the subsequent result pages, you'll find a lot of similar domains.


    ----------------------

    HOLY SH!T, that site is damn spooky --- nah, scary. --- Well, it's BOTH!!!!:D


    .
     
    Last edited: Nov 3, 2011