Advise needed...

[Joeski]

Hello all,

I need abit of advise, if you dont mind...

I bought kirstycrawford.com a few days ago, Kristy Crawford was on TV screens last year on Pop Idol (UK).. and i am a fan of hers, hence buying the name.
She is planning on kicking off a solo career.

Now, this domain has been taken since she was on the show, and her manager has been wanting it since he became her manager.

I must have got it JUST as it became free again, as he got a call to say it was avalible.. and then id got it when he looked.

I talk to Kirsty on msn, and i dont want to offend her or hurt her..
But, she said that legally he is entitled to it, and James, her manager wants to take legal action... not on me, he doesnt know its 'me' that has it at this point.
Do you know where i stand on this one?
I know its not a legal forum... but i thought someone would know somthing about it?
If it was for sale to ANYONE, doesnt that mean ANYONE can buy it?
Im not gonna kick up a fuss on this one, cos like i say, im a fan.. and i talk to her on msn.. so dont wanna spoil things.

Another one i wanted to ask... was..
What would you all give it for a value?
Cos no doubt i will sell it to him..
Shes launching a singing career in the new year, she has management & production deals, shes gigging up and down the UK, im almost certain she has a record deal..
If you owned the name, and they wanted it - what would you expect to get?

Sorry if this isnt the place for this.. just thought i'd ask and see!
Thanks in advance

 

[pimpdaddy]

even though anyone can register domains, there are certain copyright issues that you may encounter..

first of all, its her name and she will no doubt win the case if it were to be brought to trial.

I would arrange selling arrangements as thats what you are better off doing, so you can get at least something for the name

 

[billinchina]

Don't try to sell it to them.

 

[Joeski]

why?

 

[equity78]

Bad Faith

 

[Joeski]

?? so i just GIVE it to them? :?

 

[equity78]

Or lose it at the WIPO

 

[Joeski]

Whats that?

 

[equity78]

World Intellectual Property Organization

 

[Joeski]

uurm... OK..
They've actually offerd me an ammount for it already?

[edit]
should i take the offer, or just randomly give it to them?

 

[equity78]

if they offered then just sell

 

[Wilfredo]

Well get a reason, like a girl you did like in school or something thats why you regged it.
Even a fan site entitels you the domain, dont sell it to them.
Say that they maybe can rent it or something if they ask.

Its youre domains, they have no right for it if they dont have a TM on her name or something.

 

[equity78]

If its your name you have a right you are wrong

 

[dgridley]

Take their offer.. you would lose it in court otherwise.

uurm... OK..
They've actually offerd me an ammount for it already?

[edit]
should i take the offer, or just randomly give it to them?

 

[equity78]

this whole notion of I got a name because its someone famous then oh well I won't use it for anything with them then the name is worth 0 when obviously 99.9% of the time you regged it to profit off their name.

DG you are 100% correct

 

[IllCodeForFood]

I dont understand some users? Dont you understand thats imposible to TM a personal name, its imposible.......so you can have what domain you have. How many times i must say that many ppl in the world ale called Michael JAckson and they dont need a disclaimer to use their ID card, damn this is getting crazy . You can have and sell what name you want, If you could TM names this means that are ppl in the world that cant use their id card. Just make a fan site or so and they would want to buy it from you for shure, no need to warry, i have a lot of popular persons domains and no one swed me. This is only a stupid think!

 

[IllCodeForFood]

You CAn NOT TM PErsons Name, or you can, but its not illegal to get a popular name domain,!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[equity78]

Ill you are incorrect many celebs have actual Trademarks on their name yes they do she may not and not all celebs do would not call this girl a celeb But you can Trademark your name

 

[equity78]

Posted: Mar 31 2004, 12:46 AM, By: HurricaneMB
Federal charges were filed against Adam McGaughey, creator of the popular SG1Archive.com website - a fan website devoted to the MGM-owned television show Stargate SG-1. The charges allege that the website engaged in Criminal Copyright Infringement and Trafficking in Counterfeit Services. The charges were the culmination of a three-year FBI investigation, set in motion by a complaint from the Motion Picture Association (MPAA) regarding the content of the SG1Archive.com website.

SG1Archive.com is one of the most popular fan-run websites among the Stargate community. In addition to providing very active fan discussion forums, broadcast schedules, production news, and episode guides, the site heavily promotes the sale of the show on DVD. As of this writing, direct links from SG1Archive.com to Amazon.com have resulted in the sale of over $100,000 worth of DVDs. Many more DVDs have been sold to international fans of the show through sites like Blackstar.co.uk. Upon hearing this news, Stargate executive producer Brad Wright called the site "cool" - which Adam took as an endorsement of his work.

However, instead of thanking Adam for his promotion of their product, officials at MGM and the MPAA have chosen to pressure the FBI into pursuing criminal charges. Adam was first tipped off about the investigation when the FBI raided his and his fiancee's apartment in May of 2002 and seized thousands of dollars worth of computer equipment. Adam later received a copy of the affidavit filed in support of the search warrant, and was shocked to discover that this document, prepared by the FBI, contained significant amounts of erroneous and misleading information. For example, two social security numbers were listed for Adam, one of which is not his. References were made to a cease and desist letter sent by the MPAA to an email address that did not exist. His online friendship with other Stargate fans across the globe was portrayed as an international conspiracy against the MPAA. And perhaps most disturbing of all, it was later revealed that the FBI invoked a provision of the USA Patriot Act to obtain financial records from his ISP. The FBI's abuse of its powers did not stop there. When they seized Adam's computer equipment, he was given written documentation stating that it would be returned within 60 days. The equipment that they did return did not arrive until more than 8 months later, and only then after much prodding from his lawyer. Much of it was damaged beyond repair - one laptop had a shattered LCD screen, an empty tape backup drive was ripped apart for no apparent reason, his fiancee's iBook was badly damaged when it was pried apart with a screwdriver. The FBI's computer crimes staff is either incompetent (at least when it comes to Macintosh computer equipment) or else they just don't give a damn.

Adam has has received positive feedback about his site from multiple members of the Stargate cast and crew at fan conventions. In addition, a representative of MGM's fan publication interviewed Adam about his website several months prior to the FBI raid. As a result, Adam sincerely believed that the show's creators did not have a problem with the content of his website. Many other sites are currently serving content of questionable legality, without promoting the sale of DVDs or offering a community for fans to discuss the show. Why the MPAA and FBI have chosen to ignore these sites and target SG1Archive.com is unclear.

Up until this point, Adam has been fortunate enough to receive pro bono legal counsel in his current hometown of Cincinnati, Ohio. However, the charges were filed in Los Angeles county. The cost of travel, trial, bond, etc. is likely to be quite high. Unfortnunately, Adam and his fiancee do not have the resources to pay for it all - he is a Macintosh repair technician at a chain computer store and she is a medical student. If you would like to contribute to the SG1Archive.com Legal Defense Fund, please make a paypal donation by clicking the button below. Thank you for your support!

 

[equity78]

“Bad Faith” And The Acpa - A Thumbnail Sketch”
By Howard Neu
The ANTICYBERSQUATTING CONSUMER’S PROTECTION ACT was enacted into law for the primary purpose of preventing a person from registering a domain in “bad faith” or using that domain in “bad faith” after registration. It was intended to protect trademark holders from being extorted by cybersquatters who registered their trademark name and then either tried to sell it to the trademark holder, use it to compete with the trademark holder, or profited from the use of someone else’s trademark.

The ACPA is enforceable in any United States District Court, provided that the court chosen by the Plaintiff Trademark holder has jurisdiction over the person or over the res (domain). To that end, it has been determined by the courts that if the registrant of the domain in question is unknown or cannot be served, the Plaintiff may obtain jurisdiction over the domain itself if the law suit is brought in the Judicial District in which the Registrar, the Registry, or other domain authority is located. Many law suits have been brought in the Eastern District of Virginia because that is where the DOTCOM Registry is located.

Whether Plaintiff’s attorneys have done a better job for their clients in U.S. Federal Courts than in WIPO or NAF under the UDRP is up for conjecture, but Domainers lose more cases decided by U.S. Federal Judges than they do from decisions by WIPO or NAF arbitration panels. This is partly due to the fact that it is very expensive for Domainers to defend their domains in court as they MUST be represented by counsel and counsel must know the very exact and demanding rules required by the courts. Therefore, many decisions are by default. The major problem with just ignoring the law suit is that it doesn’t just go away. While under the UDRP procedures, the Complainant can only get the domain transferred, under the ACPA, they can also obtain actual damages incurred or Statutory damages in an amount up to $100,000.00 per offending domain. AND, if it is an “extraordinary” case, the Complainant can also obtain a Judgment for its costs and attorneys fees, which often run more than $30,000.00.

The courts have additionally expanded the original intent of the law from preventing the use of a trademark through a domain name to including mistyped trademarks. The Internet is an unforgiving medium. If a user types in the wrong “address” or URL, he will not arrive at the destination he is seeking. If it is a misspelling of a trademark in the domain name, it will not get him to the trademark holders’ web site. Thus, the courts have determined that a “ typosquatter” is the same thing as a “ cybersquatter” and is subject to the provisions of the ACPA .. The fact that the “ typosquatter” may be using the domain for a completely different purpose than the trademark is of little or no consequence. The courts have generally ruled that the Domainer acted in “bad faith” in registering and using the domain and must give it up and pay damages to the Plaintiff.