Is this legal...

[JamesFNomar]

Is this legal? Doing research into finding out what technologies are up and coming, which celebraties are going to be big, what big movies are in productions, etc. and then register the domain name associated with them?

Can movies, technologies, celebraties, etc. have the lawful right to a domain? This sort of thing has confused me.

 

[jaydons]

of course its legal.

 

[Michau]

Unless there is a trademark for the domain name, it should be legal.

 

[Dave_Z]

This should help answer your question:

http://www.chillingeffects.org/trademark

But your best answer to that is to consult an attorney knowledgeable
on these matters.

 

[RJ]

No, you're talking about registering trademarked terms. Specific technologies may have trademarked terms associated with them (ie: "BlueTooth", "Segway", "Windows XP"). These would be offlimits. However these generic terms would probably be ok to register: "WirelessTechnology", "PersonalTransporter", "OperatingSystem".

Movie companies would likely have already rights to the name of a movie that's in production. Also they seldom deal with "cybersquatters" to get the perfect movie domain name.

However, if your domain registration predates the first use of a term by a trademark holder, you're generally in the clear unless you try to compete in the same industry. If you can register the name of Oracle's new product before they come up with it themselves, lucky you.

Celebrities do own the rights to their names, whether or not they have been registered. There have been several instances of fan sites being allowed to use these names, but if your intent is to register a famous name to sell or squat on then you'll likely lose your name in a UDRP domain dispute or trademark lawsuit.

I use words like "likely", "probably", and "generally" because there's lots of grey areas in trademark law.

 

[Dave_Z]

What RJ said is true; this is a VERY subjective matter.

All the more reason why you best consult an attorney who deals
with these things.

Paging JBerryhill! :hehe:

 

[Jeff]

[/Moved to the "Legal Issues & Disputes" Forum].

Please continue with the discussion. :talk:
Thanks.
-Jeff :wave:

 

[Shannara]

Gotta remember the laws are corrupt when it comes to domains (and other us related areas), so it's illegal, but it is also not wrong to do so.

 

[RJ]

Gotta remember the laws are corrupt when it comes to domains (and other us related areas), so it's illegal, but it is also not wrong to do so.

How do you figure, Shannara? Would you be ok with companies trying to profit by confusing consumers with a name similar to one you've spent time and money establishing?

 

[Shannara]

1. The domain game was a freeforall before corporate BS kicked in. Once the greedy children (corps) came onto the internet, various "policies" were adopted to give as much monies to the corps as possible and to win favor with them.

Due to the above, the internet is no longer really free, but a playground for greedy children. The result, you have, are things such as "illegal to use trademarked names as domain name" scams.

 

[Qwert]

Are you saying that if I registered some movie name domain that someone has developed but said nothing about it (Like if I was a friend of someone related to them or something) I can't register that domain name.

That is the most ****ed up law ever. Including the one in Detroit about tieing Aligators to Fire Hydrants.

 

[killaklown]

is the name is trademarked, then its illegal, if not its legal, but it doesnt hurt to ask them...

 

[Qwert]

How can he ask a cleb if their name is trademarked or not?

 

[Shannara]

Exactly, the laws are so f**k'ed up in a way that something that is free for all is now the owner of a trademark junkie who, in reality, has no rights to the domain. However, the law claim they do, thus it's illegal for anybody else to own the domain.

Like with most things, just because it is illegal, doesnt mean it is wrong, since right and wrong no longer has anything to do with the law

So IANAL, but it is illegal to have such a domain. But it is right that you do.. lol.

 

[ypn]

Exactly, the laws are so f**k'ed up in a way that something that is free for all is now the owner of a trademark junkie who, in reality, has no rights to the domain. However, the law claim they do, thus it's illegal for anybody else to own the domain.

Like with most things, just because it is illegal, doesnt mean it is wrong, since right and wrong no longer has anything to do with the law

So IANAL, but it is illegal to have such a domain. But it is right that you do.. lol.

offtopic, but why exactly do you link to a domain in your sig that isn't registered?

 

[Shannara]

thanks for pointing that out fixed.

 

[Dave_Z]

Exactly, the laws are so f**k'ed up in a way that something that is free for all is now the owner of a trademark junkie who, in reality, has no rights to the domain. However, the law claim they do, thus it's illegal for anybody else to own the domain.

Like with most things, just because it is illegal, doesnt mean it is wrong, since right and wrong no longer has anything to do with the law

So IANAL, but it is illegal to have such a domain. But it is right that you do.. lol.

That's a rather "negative" way of looking at how laws are, don't you
think? :?

The laws are created because of the demands we make. They're not
perfect (and will never be), but we try to make them work.

If laws don't work, we either improve them, scrap them altogether,
or create new and (hopefully) better ones.

Unfortunately, just as it took time to create those laws, it'll take
time as well to modify, scrap, or make new ones as well.

There's really no law stopping you from registering any domain name
you want. But those trademark laws are created to help TM holders
protect their rights & investments (ideally, anyway).

For names, you may want to read this:

http://www.uspto.gov/web/offices/co...es/h1554gb1.pdf

Hope this helps!

 

[GamingHybrid]

Its legal in my opinion man.

GOD BLESS

 

[America First]

NO, this is a classic case of "CYBERSQUATTING" and the fact that you post this could hurt you if you did register a name, or company with "bad faith intent to profit"