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I purchased someone's name to make a fan site.

Labeled as question in Legal Discussion started by bloggerace, Nov 6, 2018.

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  1. bloggerace

    bloggerace Established Member ★★★★★★★★★★

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    I purchased a name to make a fan site a couple of years ago. I haven't gotten around to making the site but the person became very famous today. He's about ready to fight one of the best fighters in the world. I have his firstlastname.com. Can I get into legal trouble for owning a name .com? Should I sell it?
     
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  2. Internet.Domains

    Internet.Domains Active Member VIP

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    Is it Tenshin Nasukawa?
     
  3. Mohammad

    Mohammad Established Member

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    Is it Nurmagomedov.com?

    Khabib Nurmagomedov who beats McGregor.
     
    Last edited: Nov 6, 2018
  4. Hypersot

    Hypersot Active Member VIP

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    Guys,
    this thread is getting search indexed.. there is a reason the OP omitted any names in the post
     
  5. MadAboutDomains

    MadAboutDomains Active Member VIP ★★★★★★★★★★

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    @bloggerace Deny everything.... :bucktooth:
     
  6. Rory Ivey

    Rory Ivey Active Member VIP

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    The Russians gonna come knocking on your door.:xf.wink:
     
  7. mayazir

    mayazir VirtualNameMarket.com VIP

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    He is "famous" until the next similar neanderthal will beat him.
    I am sure his knowlagde of internet is limited by visit ok.ru, vk.ru and pornhub, sure he doesnt need your your domain if you mean offer it to him
     
  8. Internet.Domains

    Internet.Domains Active Member VIP

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    Probably best to not start a thread or own the domain in that case. I guess you answered his question.
     
  9. MadAboutDomains

    MadAboutDomains Active Member VIP ★★★★★★★★★★

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    Not true. He's fine to create a fan site out of it... he better get to it sharply though
     
  10. Internet.Domains

    Internet.Domains Active Member VIP

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    Well if it's a fan site than posting the name shouldn't be a problem.
     
  11. Mister Funsky

    Mister Funsky Active Member VIP

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    Below is a link with the same question along with some answers from Rob Monster of Epik that may help. As I understand it, a flattering fan site is generally ok and a sale price of $2500 or less is usually the 'sweet spot' as it could cost that much to mount an attack to take the name. Let us know how things turn out.

    https://www.namepros.com/threads/can-a-persons-name-be-trademarked.1106572/#post-6949476
     
  12. Internet.Domains

    Internet.Domains Active Member VIP

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    The last thing you want is a MMA Champion to "mount an attack"......These dudes get so mad they try to attack a bus with a barstool.
     
  13. Mister Funsky

    Mister Funsky Active Member VIP

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    LOL! Thanks for giving me my first laugh of the day!
     
  14. henrypcyeung

    henrypcyeung Established Member

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    Just found a similar case that the domain is ladygaga.org and the complainant is Lady Gaga. The domain was used as a fan site at that time. The result is that although "Lady Gaga" was trademarked, the domain owner won because the website was not for commercial and was used in good faith.

    I think if your fan site is not for making money and is used in good faith that does not affect the famous person's reputation), it should be fine.

    Below is the case details for your reference:
    https://www.hoganlovells.com/~/medi...tain-transfer-of-fan-site-domain-name_pdf.pdf
     
  15. mayazir

    mayazir VirtualNameMarket.com VIP

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    She is so stupid? She lost fans and didnt won the domain that was not so important because of .org
     
  16. MadAboutDomains

    MadAboutDomains Active Member VIP ★★★★★★★★★★

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    That's lawyers for you. Finding work to do.
     
  17. wesley sweatman

    wesley sweatman durfer Blue Account VIP

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    if it aint Oscar dela hoya then you aint got something to worry about. You might start a smart grill like George Foreman did and then maybe the boxer would be interested in the whole package. hmmm.
     
  18. Grilled

    Grilled MIA VIP

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  19. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    If you were URDPed this wouldn't help your defense. No indication of usage after a couple of years of ownership.

    But it is likely that the person in question doesn't care, or they could have UDRPed or sued a long time ago.

    Then you're asking if you can sell it. That kinda contradicts your stated intention.
    I'm playing the devil advocate, but this is what lawyers will do. They will also look at the rest of your portfolio whenever they can - in case they find a pattern.

    Maybe it's time to do something and proceed with your plans, otherwise why keep the domain ? Or you could donate the domain to the person, this is the best fan act.
     
  20. Ategy.com

    Ategy.com NameCult.com Gold Account VIP

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    Technically it isn't really trademark infringement until you make $0.01 on an active website or related business! If you had zero revenue, zero ads, zero anything financial, then in theory you would likely be safe. Although don't forget that "in theory" does not apply to all UDRP panellists unfortunately.

    Another factor is what @Kate said .. in that it could be an issue in the very fact you aren't using it and that you are a domainer looking to profit all the other domains in your portfolio.

    Much more importantly .. The fact you purchased the name specifically because of one individual is a big negative against you (as opposed to just getting a random name with no intended specific person in mind)

    After looking into trademarks and being a domainer a couple of years now, I *personally* am against getting full names of individuals .. with the exception of dead people and some politicians.

    At the end of the day 99% of full names purchased are targeting individuals of interest, which is absolutely wrong both legally and ethically as a domainer in my personal point of view. People who say domainers who buy full names of celebrities are cyber-squatting, are indeed correct in that assessment .. again .. in my point of view.

    That being said .. while full names I think are almost always too specific to be argued that they are "generic", first or last names ALONE I think are totally fine and indeed generic enough to hold for profit as a domainer.

    At the end of the day you need to genuinely ask yourself .. did you buy the domain specifically targeting a specific individual or company? If the answer is yes, then what you are doing is wrong (unless of course your only intention ever was to make a never-for-profit fan site .. and not even hope to resell it to the person for anything more than regfee).

    If there truly is another random reason for purchasing the domain, then in theory that's fine. Like if you're writing a book or movie and the title is the name of a character. But realistically if the name is one of a well known person, you will never win in court as you'll have a very hard time getting a judge or UDRP panellist to believe you.


    Anyhow .. best of luck to you with it! lol ... If I were in your shoes I'd maybe reach out to the management and offer it to them for some tickets to their next fight, something signed .. or something else cool that wouldn't really cost them anything of significance.
     
    Last edited: Nov 10, 2018
  21. Marshall

    Marshall Hot Member VIP

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    - Remove his content from the site (even if you're highly obsessed with him)
    - Bombard it with pictures of your cat. You can say that it's your cat's name.
    - Redirect it to some marketplace. Set the BIN at low XXXX
    - Don't think you will be in trouble for just owning the name.

    P.S. You can skip the second point if you like
     

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