I am being threatened by the father of an Internet celebrity!

[FilaRaffa]

The domain name of an Internet Celebrity

First, I am new, learning a lot about domains. I do not know much of anything. I hope you welcome me. I come hear for some advice.

In the interest of privacy, this will be an analogy of the situation. I think the situation is best understood by me using an analogy.

There is this girl on MySpaceTV, a teenager, who claims her real name is Bree, but I am certain that this girl is an actress. If true, she is the best actress I have ever seen.

When her real name was made public, I quickly registered this name, so I own this domain name right now - not really, this is an analogy.

This girl continues her videos, while I have my website up! It is a junkie looking fan site. The father of this girl wants my domain! He is demanding a transfer of ownership. There is the threat of legal action if I do not comply!

How do I protect my domain? This is an underage actress with a father who has made demands that I transfer this domain to him. I need advice on what to include or exclude from my website? Do I focus on the real person or the actress? Do I give this domain to the father?

P.S. - Please do not turned this into a guessing game!

 

[Swefx]

I'm not an expert by any means. But IMO there's no way he can force you to give him this domain. Just because she has the same name as the domain name it doesn't mean it is her property. It's not like a TM issue.

I'm guessing it's scare tactics with him threating to take legal action. He knows that you have such a great domain name and wants it for his own.

Actually come to think of it... It's probably not even her father at all. Just some scammer trying to get a domain that will be worth alot of money.

Bottom line is I don't think he has a leg to stand on. You own the domain. There is no TM issue. He can't take a domain from you simply because his daughter has the same name as the domain.

 

[blindguardian]

As Swefx said, unless this "celebrity's" name is trademarked. You're safe as far as I know.

 

[DNQuest.com]

wrong and wrong.....

There are many vaiables in this senario. Too many to cover everything, so I will be a bit broad here.

First and foremost, if the actress in underage, then the parents hold her legal right unless she was legally emancipated. So the father does have some say so.

Second, Celebs names are their TM. It DOES NOT have to be filed. This has been proven over and over. You acknowledge the person is a celebrity, and in essence, acknowledging their TM.

Third, you called her an actress and you know she is one,, you even admit she was very good. What you have done is shown you known of her and you registererd her name based on that fact. This could be called bad faith registration.

Forth - You say you had a "junkie" fansite. There are certain criteria for being a legitamite fansite, Did you offer any advertising, adsense, ot offer the domain for sale? My personal opinion, I am betting that you are performing some sort of bad faith.

Fifth - If "bad faith" can already be proven, then it does not really matter what you do here. It will be said you changed it after you were contacted just as a ploy, and not surprising, many panelists will agree with that.

Sixth - They can come after you, and if they can prove bad faith, chances are slim that you would be able to keep the domain.

Seventh - He can have a leg to stand on (the father), and he can do whatever it takes to get what he things he is entitled to. Ultimately, it is up to a panel (or judge) to decide if he is right.

 

[scrsteven]

How would you feel if someone did the same thing to you in taking your name?
Besides that, I think you'd lose in court.

 

[IAmAllanShore]

An interesting one, but these are few and far between:
http://domains.adrforum.com/domains/decisions/220007.htm

-Allan :gl:

(And just because it is the obligatory reference: http://whois.domaintools.com/brucespringsteen.com )

 

[FilaRaffa]

As Swefx said, unless this "celebrity's" name is trademarked. You're safe as far as I know.

It is NOT trademarked, but there are other issues....

 

[IAmAllanShore]

It is NOT trademarked, but there are other issues....

What? You mean it isn't a registered TM, not that it isn't TM'd (You don't get to make that call, unfortunately.).

What other issues?

 

[acronym007]

Let me simplify; if this domain name is not your actual name there is always a chance you could lose it and the risk increases as she becomes more popular. On the other hand I would never give a domain to anyone I haven't spoken with, i.e. the owner of the company, the legal team, etc... Never give in to threats with no actions behind them, just be aware that making up a domain with someone's name other than your own is risky business, therein lies the definition of cybersquatting.

 

[FilaRaffa]

How would you feel if someone did the same thing to you in taking your name?
Besides that, I think you'd lose in court.

This is a good point that I have not considered, but placing myself in that situation, you are correct, it would make me angry. I am curious, maybe someone has made a fan site about me. There is a legitimate use for this domain, but the site could be much better - the intent is to promote this person and create a community. I just don't know?

 

[IAmAllanShore]

Need a shovel for your hole?

Why are you going to spend all the time and energy on this guy? (Please don't tell me it's that guy with the advice thing...)
At the end of the day, what you describe just doesn't make sense, and makes you look like the bad guy, imho.

-Allan

It has happened, my name is registered and but not by me. I wish someone had a fan site about me. The plan is to make the fan site much, much better, promote him, follow him and this is a legitimate use. The confusing thing is that this person is in the shadows of YouTube, so the real name IS public knowledge, but the real name has NOT been made public by the celebrity and those close to this person (or intentionally made public).

I know the family is banking off this person. They are making money from the fictitious character on YouTube (product placement) and an offer is in the works for a comedy program this person will be a part of - I kind of have some inside knowledge.

 

[DNQuest.com]

It is NOT trademarked, but there are other issues....

I guess it's time to correct you here...

You mean it is not a REGISTERED MARK (meaning it is on file with USPTO)

One can attain COMMON LAW TRADMARK STATUS without having to file a thing and still be protected as a trademark.. such as a celebrity

Learn the difference and you will see how you can be wrong. You recognized her as an actress, that means she is somewhat famous and could be afforded protection.

Allan, the ANS case was could have been handled better from the start. They bungled it, then again, the panel found the site to be a true fansite which is also afforded protection under the first amendment. Look at Sting and Brucespringsteen, and they are more popluar than ANS (well, maybe not now). But as I said, I think "bad faith" could be found here, jsut by what I read on this post.

 

[FilaRaffa]

What? You mean it isn't a registered TM, not that it isn't TM'd (You don't get to make that call, unfortunately.).

What other issues?

The other issues, like those the person posted above.

This is a mess of a situation because I am a fan of a actress who prefers not to be known by her real name. If a person will not own up to their real name, how can this name be trademarked?

 

[labrocca]

First, I am new, learning a lot about domains. I hope you welcome me. I could use some advice.

I will use an analogy (lonelygirl15) to explain the situation as to not be so revealing. I think the situation I am in is best understood by my using an analogy. Again, this is just an analogy of the situation I am currently in, but you will understand, so enjoy.

There is this girl on YouTube who claims to be 15 and she uses the screen name lonelygirl15. She claims her real name is Bree. Her channel on YouTube is very popular!

This girl I know for a fact is an actress. Regardless, she is the best actress I have ever seen. I know she will go big time - movies and television. This person has many fans (also haters), but she is very popular and intriguing.

I know her real name, as do many other people, but when I first heard her name, which is Jessica Rose, I quickly registered jessicarose (dot) com, so I own this domain name right now (not really, but I own the name of another person, remember, this is an analogy).

So "Bree" continues her videos, but never admits to being an actress, but we still love her (or hate her). I have my jessicarose (dot) com website up! It is a junkie looking fan site. The father of Jessica Rose is harassing me! He is demanding that I transfer my domain over to him. He says he has a lawyer and has threatened legal action if I do not comply!

In consideration of my analogy, which I use because I do not want to out the real person and blow my cover, how do I protect my domain? This is an underage actress/actor with a father who has threaten legal action. They may claim I acquired the domain in bad faith or claim my site will have some negative effect on career. I need advice on what to include or exclude from my website? Do I focus on the real person, the genius of a actor/actress or the YouTube character? The domain is the real name. BTW, I am a fan! This person will go big time.

P.S. - Please don't turn this into a guessing game. :gn:

You are in the wrong and legally speaking on poor grounds for defense. DNQuest pointed out a few things that are important. Seriously you're a squatter...you are caught...and you should just give up the name. Don't pretend as if your are innocent or have rights to this name because you are not innocent and you don't have rights to the name.

And for those poking their noses in things they know zero about...you should just keep quiet.

BTW, I am a fan!

Then you should show some respect and give them the name.

 

[FilaRaffa]

You are out of line!

How dare you call me a squatter! If I was, how are you to know this? This is a big assumption! What is DNQuest? I may not be the best at understanding the law, nor be able to make the best fan page before I get taken. I take the best precations not to infringe on the rights of others. I have more right to the name then they do, I am just trying to better understand this and stay within the law - these are threats and threats don't mean the person harrasing me is correct? If I don't have rights to the name, then who does? There are over a hundred other people who have this name, but unlike this person, they would admit to it, so you are out of line! This is just a person who does not agree with my content, so who gave him rights? Why do you say things that are not true? I appreciate the advice I have been given here, but again, you are out of line. Are you going to poke your nose into me? I come to get advice, not to be stalked by people!

Your position is that every fan should bow down to the requests of the person they are a fan of and all people who do not have a certian name should never register it, to make a fan site, to protect the name for the fan or other reasons?

Also, I doubt you read anymore than the first couple of posts! I may hand over the name, but am I allowed to get advice here!

 

[whitebark]

Everyone who has been correct has given the same advice - you have ZERO legal right to the domain name now that they have asked for it. You can pretend that you do, but the courts will side against you. You will be labeled a squatter under the law at that time, not just by someone on a forum.

The choice is yours - give up the domain or have it taken from you publicly. These people are trying to help you by telling you the straight and honest unvarnished truth. It's now up to you.

 

[000]

There's no need to take the advice here personally, FilaRaffa. I think that everyone here is trying to save you a lot of hassle, time, and money.

You're in the wrong legally here. That doesn't mean we're telling you that you're a bad person -- it's just that you clearly don't understand the laws regarding this issue.

Best of luck,

Tom

 

[Erdy]

I think there is nothing wrong with having a fan site. If you had a fan site by the artists name then this would be alright imo. On the other hand I think you registered her real name and not her stage name. This doesn't look like a fansite to me.
You are excposing her real name while she and her family would rather keep private. You are on the wrong here.

 

[labrocca]

Awe...looks like someone can't handle the truth.

How dare you call me a squatter!

I dare a lot of things.

If I was, how are you to know this? This is a big assumption!

I assume this based on the information you provided which i read carefully.

I may not be the best at understanding the law, nor be able to make the best fan page before I get taken. I take the best precations not to infringe on the rights of others.

Admittedly you don't know the law and you have come here for advice from those that do understand it. Your best precautions have not prevented you from infringing on the rights of others.

I have more right to the name then they do,

Wow...that's the most clueless statement you have yet to make.

these are threats and threats don't mean the person harrasing me is correct?

You are confusing THREATS with their rights within the law. Harrassing you? No I don't believe they are.

If I don't have rights to the name, then who does? There are over a hundred other people who have this name, but unlike this person, they would admit to it, so you are out of line!

You don't happen to be one of those people with the same name? You might not be a squatter if that was the case. You openly admit the name was registered by you because of this famous person. You admit they have a commercial career in acting. Exactly WHY do you have rights to it? Because you got it first? That's not how it works.

Are you going to poke your nose into me? I come to get advice, not to be stalked by people!

Stalked? Ugh...no...don't believe so. Maybe you need to understand what words mean before you use them. Words like "rights" and "stalked".

Your position is that every fan should bow down to the requests of the person they are a fan of and all people who do not have a certian name should never register it, to make a fan site, to protect the name for the fan or other reasons?

No that's not my position. You just don't seem be the person I would defend for fair-use as I don't believe you have good intentions. If you really were a fan of this person you would want them to have the name. At least that's how I see it.

Also, I doubt you read anymore than the first couple of posts! I may hand over the name, but am I allowed to get advice here!

I read every word...twice...well, three times now. Yes you are allowed to get advice here and we in turn are allowed to give it. No one said otherwise.

 

[Erdy]

You just don't seem be the person I would defend for fair-use as I don't believe you have good intentions. If you really were a fan of this person you would want them to have the name. At least that's how I see it.

To own a fansite and to be a fan of somebody are too different things. You might own a fansite but might not be a fan or the artist. You still have the right to own the site.

I think OP would be perfectly alright if he had registered her stage name. On the other hand he couldn't have done that because as he says the person was famous and her stage name must have been already taken.

What he did is to register her real name. This invalidates the fansite perspective.

 

[Dave_Z]

The only "bad faith" on my part is the domain name is this actresses real name, associated to a website that includes her YouTube video's, which she uses a false name! Those close to her wish she NOT be known to the world, at this time, by her real name, rather she be known as a fictitious person, false name and personality! They want this person to be believed - not an actor/actress. This why I gave the lonelygirl15 example - same thing! So, linking her real name to video's of her character, this could be like I am exposing her as an actress? Which she who she is? I never have advertised or include links other than to this persons YouTube video's.

Correct me if I misunderstood, but does the domain name's website explicitly
reference the celebrity?

Of course, it's the other party's burden to demonstrate trademark rights first.
If they're indeed prepared to do that, what are you prepared to do?

And your other question about transferring the domain name to another party
to possibly avoid liability has been beaten to death before. The answer is no,
it won't shield you.

 

[mwzd]

Stalked? Ugh...no...don't believe so. Maybe you need to understand what words mean before you use them. Words like "rights" and "stalked".

roflmao, this topic was as entertaining as informative.

I didn't register two domains that were 100% tm issues -
And I have no problem naming them :
linkshare.in
zoom.in
Funnily, they were booked by xyz and sold to what I assume are trademark owners at $10k and $3k respectively. And within 6 months of registration.

In retrospect, I made a mistake of not booking them...
or did I?
What do you think?

 

[AdoptableDomains]

Okay, lets see if I understand.

You find out the real name of a MINOR celebrity and register the name. You reveal the real name of the person trying to keep anonymity, and wonder why th e parent is angry? How would you feel if it was your minor daughter ,who could be put in danger by revealing her real identity. Celebrities don't want their personal lives mixed with their professional lives,particularly child actors and their parents. That's the same reason they hate paparazzi.

Do you have a right to the name? Maybe.

Do they have a common law TM? Probably not, if it's not the professional name she's known by, but this is one of they grayest areas of UDRP decisions.

Have you created an invasion of Privacy? I would say yes.

Was your registration in bad faith? My opinion is yes. If you were a real fan, you probably wouldn't have revealed the personal-professional link against their will at least until she becomes an adult. You registered because you see this person being famous someday and the domain becoming valuable. This just helps prove you have have financial thoughts for the future of the domain.

 

[Erdy]

If anything bad happens to that girl, her father will definately find you. I understand why he is so angry. There are many sick people out there.

 

[matt_bodis]

I'll take it off your shoulders for $100 bucks.


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