Fan Sites - what's the score?

[stuart_domains]

I have a domain name of a well known person in the media, its a .com domain reg'd before the person became famous.

I admit trying to sell it which obvioulsy means i have used the name in 'bad faith'.

However, I have since developed the name into a legitimate fan site, there are no ad's on this site and i do not profit from it at all.

The company that exploits this media personality has issued a threat to take me to court unless I hand over the name to them.

I do not wish to give up the name as i am enjoying running the website but I am worried that past use of the name in 'bad faith' may mean I stand no chance of keeping the name.

Do you think it's worth fighting?

In addition there are a number of fan sites on google relating to this media personality, does this help me in any way?

Any advice would be much appreciated.

 

[dreday12]

I would give it up, why get sued over a site you are not making money on? By the way what is the site?

 

[shanee86]

I would say tell them to send you all legal forms and etc to your home address via snail mail or not email and tell them you will have your lawyer look at them. Then if they really do send them look over them or send them to your lawyer. But I have told some that and never got anything so they were probably just some person trying to get my domain.

 

[stuart_domains]

can not say what the site is incase it goes to court.

shanee, I have had letters from lawyers sent to me giving me a date to give up the name or court proceedings will begin, they also sent a contract for me to sign giving up all future disputes that may arise against any names they have now or in the future, I laughed at the contract, there is no way i would sign it.

The dispute is with a multi million pound world wide corporation!!.

To me this site is not about making money, i am enjoying running it, not everything has to be about making money.

 

[Dave_Z]

It really boils down to how RAW (Ready, Able, and Willing) you are to defend
it. It's not fair, but it's reality.

(Then again, life's not fair, either. :D)

 

[The_Ryan]

I would ask if you would surrender the domain name to them could you get any merchandise photos etc off them.

 

[DNQuest.com]

Fansites are perfectly acceptable if used in good faith. You admit is trying to sell the domain, so the question is, did you make it a fan site before or after you were contacted? If it was after, then just give up now. If you did it before you were contacted, then they have to prove you were selling the domain.

As far as the site itself, is it up to date and interactive (like a active MB) where others fans can communicate? This is important in showing your true intent as a fansite. Make sure you make no money from the site, no adsense, no links o merchandise, nothing. Also have many pages and not just a single page.

As Dave has said, what are you willing to risk to keep the domain?

 

[labrocca]

I would follow DNQ's advice. Also I was reading an article (link is around here somewhere) about how a fan site domainer partnered with the celebrity to manage the site. I thought that was an innovative way to work with the person.

 

[suthra]

Most of celebrity cases like this are won by that celebrity., Just ask them for the domain cost and pass it to them

 

[DNQuest.com]

Most of celebrity cases like this are won by that celebrity., Just ask them for the domain cost and pass it to them

Actually, most cases where the domainer domestrated bad faith is won by the celebrities, most owners who use the domain in good faith have won.

So it depends if it can be proven if you are using the domain in bad faith. I will say this, most celebrities domans are used in bad faith or registered in bad faith. That is why it seems that celebrities win most of the time.

 

[stuart_domains]

Thanks everyone for your advice.

I have a message board with some 200 plus registered user but i think no matter what i say or do now, they are gonna bully it away from me, i must say they have been very nasty and bitter with there correspondance, which quite frankly was not called for.

Its not my fault i reg'd the name before the person became famous.

I am currently considering my options.

 

[DNQuest.com]

Its not my fault i reg'd the name before the person became famous.

Just an observation...

Why register someone's name that isn't famous? unless, of course, you felt they might be famous one day... or you are a psycho :lol:

So, yes, it is your fault

 

[Dave_Z]

I would follow DNQ's advice. Also I was reading an article (link is around here somewhere) about how a fan site domainer partnered with the celebrity to manage the site. I thought that was an innovative way to work with the person.

Here's the one Labrocca's referring to:

http://www.wired.com/news/technology/internet/0,70475-0.html?tw=wn_story_page_prev2

If people worked together, this world would've become a better place. :D

 

[850Girl]

Did you turn over the site?

 

[bluesman]

I've been dealing in hundreds of movie and TV star fansite domains (mini-site and otherwise) for over 10 years, and have never had a problem, because:

1) I never gave them a gateway or even any minor links that were contrary to a positive image of that star, or which aided any fierce competitor of that star.
2) Never offered them for sale.
3) Never ran any ads on them.

Without the above three points, people can shout "cyber-squatter" all they want to WIPO, but nobody will ever have a leg to stand on against you.

Now while I've been careful to also haunt the netherworld of loopholes regarding FORMER stars (deceased and might as well be), as well as stars who have had very long periods between hit films or TV shows, I'm a bit perplexed by your approach:

You say you grab them and set up fansites for them BEFORE they're even famous at least once? Well, I can only marvel and wonder at your tremendous psychic ability there!

I'm forced to suggest that perhaps mere website-related matters could certainly be a huge waste of your time. You'd be much better off using your talents down at the local racetrack - or maybe you could give us all next week's big Lotto winning numbers?

(Hey, I had to ask!)