Actors Name .com Domain Name Rights

[Gold Sales]

I own a .com domain that is an actors first and last name. I have put some content up about the actor in general that I have written myself.
Today I received an email from someone claiming to be the representative of the actor that the domain is named after. They say by owning the domain actorsname.com I am infringing their copyright and want me to hand the domain over to them. They are askibng what they need to do to get me to sign the domain over to them.
The domain isn't earning anything for me and I would be happy to sell it to them but would like to know where I stand legally. Also if I contact them with a price for the domain how do I work out the price.

 

[DNQuest.com]

First off... read my sig, especially teh last part about celebs and fansites.

Two- since you mention "the domain isn't earning me anything", I will asssume you have Adense, PPC or something on the site. This means you are using the domain in bad faith and your legal standing may not be too strong. Commercial ventures with TMs is never a good thing. If this is the case (which I believe it is), then I suggest you co-operate with them to save time, money and headaches.

 

[verbster]

Make sure they are legit representatives, though. What you received doesn't sound like a normal Cease & Desist order.

 

[Dave_Z]

I am infringing their copyright

Is that exactly what they said? Otherwise I'd do what verbster suggested.

 

[IAmAllanShore]

Is that exactly what they said?

Bad lawyers or an agent trying to "hoe their own row" (I know I butchered that one ) doesn't mean they are wrong, just that he might have dodged an early bullet

-Allan :gl:

 

[verbster]

Bad lawyers or an agent trying to "hoe their own row" (I know I butchered that one ) doesn't mean they are wrong, just that he might have dodged an early bullet

I can see how fake C&D letters could be an easy scam, though. Someone gets one..they freak out and transfer their troubled domain without due diligence. They thank their lucky stars they weren't sued and move on...and someone just got a decent domain.

Never take stuff like this at face value; always verify it's legit....then freak out.

Edit: We all are cautioned to read the TOS...This guy (in the link) did.
http://www.techcrunch.com/2006/11/15/huh-youtube-sends-techcrunch-a-cease-desist/

 

[Kelli]

If it IS the real actor (but don't ever just assume - get some facts and 100% proof) then legally they can file a dispute and take the domain from you as you have clearly infringed on their IP -- it's only a matter of time before they find a lawyer and file the forms against you. If you lose and you will lose, you risk be labeled officially as a cybersquatter an that pretty much forever screws you for all future domain name disputes. If one day you are in need of ICANN arbitration services, they will almost always rule against you since you will be in their eyes forever and always a cybersquatter.

So since the domain isn't making any money for you, why not give it back to Actor FirstName.Lastname? Maybe in return for this ask for what you paid to reg it and an autographed photo?

Do however make sure they without a doubt prove it is really the actor who wants the domain name back and not just some fake rep who will then turn around and later try and sell it back to the actor.

 

[800ml]

how much would it cost this Actor the pursuit of this domain via the LEGAL avenue? i bet it wouldn't be cheap since lawyers cost time and money.

IF he is famous than it would cost him a lot more money than if he is just a "regular" soap opera actor through.
The Lawyer phoning you, most likely cost him over $500 or more depending how long you held the conversation with him, so if you asked for an incredibly small amount as for example lets say $1000, for "keeping" his name in safe hands. I am sure that that is more than a reasonable offer, they would have to be stupid to pursue it the legal way , unless you wanted a milliion bucks for the name.

For example what i do, is register i register peoples names, and then sell those names to them and they thank me.

it all depends on your presentation

 

[DNQuest.com]

how much would it cost this Actor the pursuit of this domain via the LEGAL avenue? i bet it wouldn't be cheap since lawyers cost time and money.

IF he is famous than it would cost him a lot more money than if he is just a "regular" soap opera actor through.
The Lawyer phoning you, most likely cost him over $500 or more depending how long you held the conversation with him, so if you asked for an incredibly small amount as for example lets say $1000, for "keeping" his name in safe hands. I am sure that that is more than a reasonable offer, they would have to be stupid to pursue it the legal way , unless you wanted a milliion bucks for the name.

For example what i do, is register i register peoples names, and then sell those names to them and they thank me.

it all depends on your presentation

No offense, but that is cybersquatting type of thinking and actions and not recommended (at least here at Namepros). Just because you got away with it does not mean it is legal or the right thing to do. There can be severe penalties if someone decided to make an example of you.

 

[mbuna]

The only time I owned a name I got a C&D from their lawyers and they asked what it would take to get the domain back. I told them I'd be happy to transfer it for an autographed photo. A week later I got a certified envelope with two autographed photos and transfered the domain to them. This was probably close to 10 years ago now.