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!

 

[Traveler]

I can't believe this thread is still going on. It it is obvious this name was regged in bad faith. Personally, I can't stand these type of registrations, but I understand that people new to domaining just don't get it.

I think the OP will be doing great if he gets rid of the name at reg fee, let alone a profit.

 

[Name Trader]

I think the best advice we could have given the OP was that we are not lawyers and clearly he needs the services of a good domain lawyer.

Now for my opinion...

I think he would lose a WIPO action (bad faith). I think he would lose any court action brought by the father. At least a WIPO action wouldn't cost him any money, but if the father takes it through the courts he is going to probably lose more than just his domain. I think it also morally wrong (if not illegal) to connect the minor's real name to their celebrity name and expose their real name which both the minor and her parents wish to remain secret.

But as I said. This is just my opinion. The OP should consult the services of a good domain lawyer (who ain't cheap either). If the OP is unwilling to spend any money to defend their rights to the domain, then give it up.

 

[rosh86]

Hi there,

I have been following this up and can only agree with the majority of factual information I have seen on this thread.
You are on weak soil. Contact the father and tell him you agree to transfer the domain name as you are a truly fan of her and didnt mean any harm. Ask him if he can meet your following costs as a gesture of goodwill.
These could be e.g. Domain name costs + transferral costs + labor costs. I wouldn't ask more then $300.00 as it would show bad faith (if it doesn't already). Make sure you clearly distinguish the domain name costs with the labor costs. Preferably phone him if you can. I would imagine that he would accept this deal as it will cost the father more time and money (which he could reclaim from you if the UDRP is in his favor) in the longrun.

The more you keep this dragging on, the more you piss him off and the more chance you have of loosing the name + costs.

Don't be stubborn, listen to the helpful feedback from some of the namepros members.
Don't always assume that black is black.
Its not because I tell you that this text here is bold and black that you should believe without any reasoning/theory/structure/factual background.

We all live and learn, trust me you are not the first and i doubt not for a second that you will sooner or later understand the 'whole' and use your common sense to make the right decision.

Be very carefull & in any way whatever the outcome I wish you the strenght and wisdom to understand more about domain law and see in what MAY happen if ...

Rosh

 

[Mike]

So, my name is "john smith", it so happens that i'm a 16yr old whizkid that's savvy in recording/editing/publishing video. Smart dude that i am, i publish my videos on youtube, the #1 copyright infringing site on this planet, i do this time and again, before you know it, i have a little fan community trailing my every move. In the end, my little copy scheme of lonelygirl15 worked totally in my favor. However, i've come to the realization that my name in form of a domain has been registered a while ago. Now i'd like to obtain my domain name, because i'm an internet, no sorry, youtube celebrity...

Guys, the chick is publishing videos on youtube, she's about as far away from being a celebrity as Paris Hilton is from getting a Nobel Prize.
How often has she made the news? How often was or is she cited in magazines? When has her name become a brand? And who says that this is not another lonleygirl scam?
If the father wants the domain then he should make an offer to reimburse the domain holder for his costs and move on. Unless his girl turns into a real celebrity that actually has some level of status, he needs to tune down his act a bit. On the flipside, the registrant should cease the domain for cost and let it be.
It doesn't take rocket science to solve this one amicably. Law suits are not always the solution - which gets to say that the USA is a bit too lawsuit happy.

As always, no need to flame as t'is is :imho:

 

[classicsjunky]

I call em as I see em!

 

[DNQuest.com]

Intel, I guess you are missing the fact the domain is making money from a UNDERAGE possibly ruled celeb. The OP admitted she is an actress, He admitted it is her real name. Many actors se their real name in the business and they have been ruled TMs. Just becuase she is new to the scene, the domain was registered and used in bad faith in accordance to established laws and precedance. The OP admitted this. You can come up with a gazillion senarios, but I prefer to stay on this topic (actually, I prefer for it to be over and the domain owner do the right thing).

 

[Mike]

(actually, I prefer for it to be over and the domain owner do the right thing).

No argument there.

 

[classicsjunky]

Intel, I guess you are missing the fact the domain is making money from a UNDERAGE possibly ruled celeb.

You need to go back and read the posts! Filaraffa stated in the first few posts that he has never advertised on his Fan website, or had any links to any thing other than the girls videos at You Tube. He stated that the girls FAMILY is making money from her videos at You Tube, and that his domain has been used stricktly as a Fan Site. I think maybe you are just confused.

 

[AdoptableDomains]

You need to go back and read the posts! Filaraffa stated in the first few posts that he has never advertised on his Fan website, or had any links to any thing other than the girls videos at You Tube. He stated that the girls FAMILY is making money from her videos at You Tube, and that his domain has been used stricktly as a Fan Site. I think maybe you are just confused.

The last part of the OP was:

This person will go big time.

What do you thing the dollar sign appended to that was supposed to mean? I have my own opinion.

 

[labrocca]

I quoted a WIPO decision a couple pages back that was a fan site that didn't make money...the complaintant won in that case and would do so here as well. This person has not shown any rights to this domain.

 

[DNQuest.com]

You need to go back and read the posts! Filaraffa stated in the first few posts that he has never advertised on his Fan website, or had any links to any thing other than the girls videos at You Tube. He stated that the girls FAMILY is making money from her videos at You Tube, and that his domain has been used stricktly as a Fan Site. I think maybe you are just confused.

Sorry, I should have said "trying" to make money from an underage, possible ruled celeb. Yes, bad faith is written all over this one....

 

[Bigvenue]

When I become a celeb then I will get my name sacha.com

 

[DNQuest.com]

When I become a celeb then I will get my name sacha.com

:lol:

Then again, just hope their isn't another famous name like that :lol:

 

[innavalin]

Do you know this man is the actual father?

Have you got proof, someone may just be winding you up.

 

[stukcup]

Hi.
Just wondering if fillaraffa is still watching this? Update?
Thanks,
bb

 

[HBK216]

Another story: My father had a website the .org and the .com, he dropped the .org which had PR and was archived. Of course now that I'm a domainer I would not have let him drop our family name, which is now a ppc page on erectile dysfunction. Would I have some recourse to aquire the name, which is not common?

Please don't be offended by what I am going to say. I have to admit I laughed out loud when you mentioned the .org is a ppc page on erectile dysfunction. I'm pretty sure the name isn't even close to being relevant to such a topic. The internet never ceases to amaze me.

As far as this situation is concerned, this is my take on it.

I think the original poster is showing some sort of bad faith in registering the name. However I have issue with the "supposed" father contacting him. We have no proof this is her father. There are way too many scam artists on the internet to take a stranger's word for it. I also question the legality of this minor being considered a celebrity.

All because you are popular on Youtube does not mean you are a celebrity. What if he made the site about something unrelated to this so called "celebrity"? I think both sides are in the wrong here for some similar & some different reasons.

Either way it is probably safe to say that each side is exploiting a minor.

 

[Acroplex]

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.

You're confusing "famous marks" for celebrity status. No TM exists by default, simply because a common person has reached "celebrity" status. There is no such way to measure the degree of celebrity one has achieved.

 

[DNQuest.com]

You're confusing "famous marks" for celebrity status. No TM exists by default, simply because a common person has reached "celebrity" status. There is no such way to measure the degree of celebrity one has achieved.

Acro, you need to read the whole thread.. but I'll give you the short version before you get carried away.... I said she could be ruled a celeb and could have TM status. The OP sated she is an actress, so it is not just an ordinary person getting fame. Then it was stated a celebs name is not a TM. That was my reply. It has been ruled in UDRPs and in Court that a celebs name is thero TM (and yes, fansites are 100% legal and I completely agree with true fansites out there). TMs are earned through commerce, they are not automatically given out, I agree. But a celebs name is their TM, no doubt about that.

 

[Acroplex]

Why would I "get carried away" by incorrect statements?

A TM is not a right by birth. Also, fame cannot be measured on a scale in order to attribute "celebrity status". A person can be famous in their local village, can they claim a TM just because they are the village's most popular person?

Now, if the domain owner places images of the actress in question and sells merchandice with her name or moniker, that's a different story.

 

[DNQuest.com]

Acro, I guess you are not understainding what I am saying here, but we seem to be agreeing. It is not a birthright, it is earned, as of right ow, neither you or I can make tht determinations since, well, we don't know the name. All we know is the OP states she is an actor, since she is an actor, she makes a living from her name. Since she makes a living from her name, it can easily be said that is her TM. that is the progression, she would have to prove it. Additionally, she does not have to sell merchandise with her name to have a TM, her product is herself. That is how actors are viewed (pardon the pun)

Again, I would like to point out 2 things, 1- I never said said has a TM, I said it could be ruled because I don't know, then again, no one else does either 2- bad faith is written all over this, it may not be proven, but it is definately there.

 

[Acroplex]

The reference to merchandice was related to establishing a registration in bad faith claim against the registrant, not to establish a TM by the actress by the same name.

Again, a full name does not receive an automatic TM. In fact, the requirements of the USPTO state that a name such as "Joe Doe" is not deemed trademaketable, whereas "Joe Doe Widgets" is. The difference being, the services or products offered under that name.

Therefore, unless the domain is a moniker, such as Sting.com, Madonna.com etc. it's not automatically a TM - especially if there are other people on the planet by the same name - famous or not.

 

[DNQuest.com]

Again, I am agreeing with you. But now you are talking about registered marks, TMs do not have to be registered to be protected. Celebs have common law TM which has consistantly been recognized as such. The two examples given are a bit different as opposed to a celebs first and last name. All you need to do is read celeb decisions and you will see thier names are considered TMs (and court decisions have also support this). Bruce Springsteen is his TM, it was ruled as such, yet the fansite owner won because it was a true fansite. But it was established that his name is a TM.

 

[andyandy]

Look at nissan.com

I don't think legally they can do anything to take the domain away from you.

Furthermore you can put a note on the site that this site is not an intellectual property of jessica rose.

Why do people think its registered in bad faith.

If jessica roes'es father wanted it so bad, he could of registered it himself.


Plus, celebreties, are pretty much public entities as per say to some extent.

It's common to have a fan site say for 'whitney houston' or 'jennifer anniston'

Tha'ts what celebrities are, known figures.

 

[briman1970]

Look at nissan.com

I don't think legally they can do anything to take the domain away from you.

Furthermore you can put a note on the site that this site is not an intellectual property of jessica rose.

Why do people think its registered in bad faith.

If jessica roes'es father wanted it so bad, he could of registered it himself.


Plus, celebreties, are pretty much public entities as per say to some extent.

It's common to have a fan site say for 'whitney houston' or 'jennifer anniston'

Tha'ts what celebrities are, known figures.

The Nissan case is not similar to this at all... and your advice is just bad. I wish people here wouldn't post advice on things they obviously don't know about.

 

[andyandy]

The Nissan case is not similar to this at all... and your advice is just bad. I wish people here wouldn't post advice on things they obviously don't know about.

It might look bad to you, but then why do we have the open domain registrations?

Any domain unregistered is open to be registered by anybody in the .com tld.

I don't think it's illegal to sell the domain or run a site on it as long as it's not doing illegal stuff.

Heck he could even run a forum on the site and act as an intermediary where people can post whatever they want.

You go to forums and see alot of stuff posted, but they are the sole opinions of the poster.

All I'm saying, IMO, as long as the site runs legally, and yes, it is possible to register GeorgeBush .com or whatIthinkofBush.com or any other person's name and run a site. As long as it runs legally.

The father has rights & u have rights as well. That is the beauty of the free enterprise and it is one of the main reasons that the United States is the #1 country in the world.

Everything has due process. Some might think ooooo its wrong, doesn't sound right, sounds low, etc, etc.

Law goes by (Is it illegal?, Have any laws been violated?) U know what I'm saying.

And it's just not that easy to just snatch a domain from an owner just like that.

I mean, somebody which monitors a niche, watches it constantly and acts appropriately is not bad.

Look at the stock market. You have analysts etc, etc.

Anyways I never sold a single domain in my life, but I just started buying some for my own use and guess what.

It takes hours, days, weeks, trying to find word combinations, checking them and seeing if there available. And this is in my own niche.

After like a year, I kinda hit it big, with some good names. If I were to sell those, don't u think I would want a compensation for the time invested in research?