60s rockband name

[newms]

I purchased a 2 word .com domain recently that sounded that it could be moderately valuable in the future. However, I've since discovered that there was a 60s rockband that had the exact name as this domain name. The band has long since disbanded and some of the band members (if not all) have died. I'm thinking of developing the site as a fan site. My question is: Could I face some legal challenges in the future?

 

[holyroller]

Because you plan to make a fan site probably you would be okay. Often the intentions of the domain name play a big factor. A friend of mine had a number of current artist .com's who went on to sign with labels such as sony. He pointed his domains to amazon pages using his associate link. He made some money but ultimately he lost all the domains.

He registered the names purely to make money from these artists growing fame and success.

My advice is make it so the site will benefit the owners of the rights to the songs. Keep it positive about the band. Dont put too many external links to non relevant sites. Dont make it look like you only registered the name to make money. A few google links might be okay, but making it full of affiliate stuff and advertising might annoy a few people.

Just my opinion.

 

[Jeffrey]

Make the site appear professionally done, do not make it appear like you look for money.

 

[DNQuest.com]

Clarification: making any money can be concidered bad faith, regardless of the amount. With that said, there are some sites that are not controlled by the celeb that do show bad faith. It is all a matter how how the celeb wants it. But never say it is ok for links or Adsense or anything else that has been deemed as bad faith in previous decisions. It is your own risk/reward factor that you have to decide.

 

[newms]

Thanks for the opinions. I've done some research and it is just the lead singer and founder who has died. The other band members are still alive. The band was in existence for 7 years and 1 of the members went on to play in a pretty famous band in the 70s.

I really just stumbled onto this and registered the domain because it seemed like a decent 2 word combination and had NO idea that this was a rock band from the 60s/70s.

The band is on Wikipedia and their music is available on Rhapsody, Last.fm, msn music etc, but I haven't found an official site for the band (primarily I guess because they broke up 30+ years ago) and there isn't a fan site for them either.

So a fan site would be ok? Their music is pretty good, but I don't want to do something illegal or face challenges in the future.

If Adsense/links would be a problem, then I wouldn't have an issue with not having any ads on the site

 

[DomainBELL]

if you make a totally non-profit fan site... you have a chance of being ok...
otherwise - don't waste your time and put yourself at risk...

Good Luck with whatever you decide to do...

~DomainBELL (Patricia)

 

[newms]

Just asking so I know all my options. If I were to develop it as a fan site without any ads, would it be ok if I decided to sell it in the future?

 

[DomainBELL]

the reality of it is....

unless one of is an attorney - and advising you in that capacity...
doesn't matter what we SAY... you could have 1000 people tell you
you'd be safe.... but if the bands legal team decided to go after you
you'd be in hot water...

we can't protect you...

if I wanted to make a non-profit true fan site...
I'd go ahead and do it...
but... never risk more than what you can afford to lose...

and...

the other reality is... that even if later you did sell it... and had a nice sale...
if the new owner would get sued later... they can then in turn sue you...

is all the worry worth it ??
if you feel it is... go for it...

but... why would a purchaser even want to buy it from you - if it was restricted from making a profit... (something to think about)

~DomainBELL (Patricia)

 

[newms]

Thanks for the advice. It seems that even if I were to do a 100% non profit fan based website I would still run the risk of the band's lawyers coming after me. Not sure that that would be worth the trouble. Do I then just sit on the domain until it expires or until the band comes calling?

 

[amosba]

What did you intend when you registered the name? Did you have an idea on how the domain could be developed? If so, then develop the domain along those lines and you should be clear so long as it has nothing to do with the band or the music industry in general. For example, if you had PrimeMovers.com and used it to build a site about trucks, then you would/should be safe from the band of the same name.

 

[DNQuest.com]

With domians, nothing is 100%. All you can do is read and learn. Search "fansites" here and you will see many postings on how to run a proper one. Though not gaurenteed, the opinions can do a long way in helping you protect yourself. One can establish rights to a name if that name is used in good faith.

 

[newms]

Just as an update to this thread. Since I did not really know what to do with this name seeing that there could be possible TM/legal implications, I contacted someone from the band and donated the name over the holidays. They were grateful.

 

[npcomplete]

Just as an update to this thread. Since I did not really know what to do with this name seeing that there could be possible TM/legal implications, I contacted someone from the band and donated the name over the holidays. They were grateful.

So now that it is a done deal, what was the band name?

Still stuck in the 60's,
Marc

 

[newms]

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