Celebrity Fansite DN TM issue?

[dezinerite]

I am a big fan of a certain celebrity and want to develop a fansite. I want to use the person's name or surname as the domain name with the added "fan" or "fans" word. The aim is to showcase the celeb in a positive light.

Because it's going to be a fansite, a lot of the images will be pinched from all over the internet, especially their instagram, twitter, official webpage (pretty much something everyone does).

My question is this: what are the chances of legal action being taken against me, especially with the domain name?

 

[deez007]

As far as I know you should be perfectly safe. As long as you do not make any claims to be the OFFICIAL fan page of the celebrity in question.

 

[Kate]

You should review UDRP cases.
As an example Lady Gaga failed to seize ladygaga.org.
But direct/indirect monetization can be tricky and possibly dangerous.

Now you can be sued for anything, especially if you live in the US. Will your adversaries prevail ? Not always. Will you suffer, worry and lose money in legal representation in the process ? Yes.

A UDRP could be won (or lost) depending on how you will be using the domain. Doable.

PS: research any previous cases initiated by the celebrity in question. Some defend their brands aggressively, others have a more laissez-faire attitude.

 

[ezcoms]

You're fine. Even if they play my name and photos are trademarked and they send you "cease and desist" letters; it's just idle threats.

 

[deez007]

@ezcoms - Yep, I think in most cases if the site is done properly and you are not claiming to be the official fan site then the celebrity wont have a problem. As long as you site is done professionally and actually enhances the celebrities "brand" then they would generally be happy about the fan site. It's normally when the fan site starts to bring their "brand" into disrepute that they would start trying to get the site taken down. So essentially I think if you keep content on the site positive and highlight the "good" stuff about the celebrity and minimize any bad publicity they may have received you should be fine

 

[enlytend]

Yep, I think in most cases if the site is done properly and you are not claiming to be the official fan site then the celebrity wont have a problem.

OR profiting from their name. As Kate said earlier, do your homework - some celebs might not care, others will be quick to call in their lawyers.

You're fine. Even if they play my name and photos are trademarked and they send you "cease and desist" letters; it's just idle threats.

Photos can't be trademarked. They ARE subject to copyright unless specifically released by the owner. Don't count on a c&d being an idle threat, some photo and news agencies (Getty, AP...) take copyright infringement very seriously. Be careful about your sources.

 

[ezcoms]

My sources are personal experiences. I'm not trying to give attorney grade rebuttal here. But, if your site is: VanityClassicShots dot whatever, and you solely profit from Vanity; then you will more than likely have an issue.