A band name is a TM issue?

[Alex]

Hello, I just found a domain name avbailable with my favourite band's name. I want to ask you if it is a trademark violation if I register it. I searched the whois of the most tld's and found out that the .net, org and info are registered by someone else.
I am thinking registering a cctld, but one that fits perfectly the band name, that is why it is available, because all the other tld's are bought.
Sorry for the newbie question, but I really don't know.

 

[labrocca]

Depending on HOW you use the domain will depend on if you violate their TM. Do you plan to make money doing this? If so..that's a violation.

 

[Halobitt]

Check archive.org and see if it was used for anything in the past.
The dot com may be available because someone before you got a C&D letter.

 

[DNQuest.com]

For a fan site, you should be ok, for making money, you are not ok.

 

[ofclean]

It doesn't matter whether you make money or not.

 

[IAmAllanShore]

From WIPO on Fansites for UDRP:

2.5 Can a fan site constitute a right or legitimate interest in the disputed domain name?

This section only deals with fan sites that are clearly active and non-commercial. There are many UDRP cases in which the respondent claims to have an active non-commercial fan site but the panel decides otherwise.
See Helen Fielding v. Anthony Corbert aka Anthony Corbett D2000-1000 , Transfer

View 1: An active and clearly non-commercial fan site may have rights and legitimate interests in the domain name that includes the complainant’s trademark. The site should be non-commercial and clearly distinctive from any official site.

Relevant decisions:
Estate of Gary Jennings and Joyce O. Servis v. Submachine and Joe Ross D2001-1042 , Denied
2001 White Castle Way, Inc. v. Glyn O. Jacobs D2004-0001 , Denied

View 2: Respondent does not have rights to express its view, even if positive, on an individual or entity by using a confusingly similar domain name, as the respondent is misrepresenting itself as being that individual or entity. In particular, where the domain name is identical to the trademark, the respondent, in its actions, prevents the trademark holder from exercising the rights to its mark and managing its presence on the Internet.

Relevant decisions:
David Gilmour, David Gilmour Music Limited and David Gilmour Music Overseas Limited v. Ermanno Cenicolla D2000-1459 , Transfer
Galatasaray Spor Kulubu Dernegi, Galatasaray Pazarlama A.S. and Galatasaray Sportif Sinai Ve Ticari Yatirimlar A.S. v. Maksimum Iletisim A.S. D2002-0726 , Transfer

 

[Alex]

Thanks, Alan, that answered totally my question.

 

[DNQuest.com]

It doesn't matter whether you make money or not.

Read and learn before posting again please.