Is your own name protected?

[nickthistleton]

Does anyone know the legal position on registering somebody else's name as a domain name? For example, if I registered the name www.sylvesterstallone.com, would Sylvester have the legal right to take it from me? If so, how would he be able to go about it? Equally, if someone registered my name (assuming it was distinctive), how would I go about getting it back from them?

 

[suthra]

NO he wont have, if your official name is
sylvesterstallone or if you intend to use it as a fanclub without deriving any profit from it.

 

[nickthistleton]

But what if my official name is something completely different (ie Nick Thistleton) and I have only bought the domain in the hope that he will pay me to release it to him? Can I then be forced to release it to him without payment?

 

[Jennifer]

Originally posted by nickthistleton
and I have only bought the domain in the hope that he will pay me to release it to him? Can I then be forced to release it to him without payment?

If I understand your statement correctly, that is called cybersquatting. When an individual or company registers someone else's trademark Domain with the intent of making money from the Domain at a later date.

Hope that helps-

Jennifer

 

[nickthistleton]

It is most certainly cybersquatting! The question is, is it allowed if you do it with someone else's whole name? And what rights do they have if you do it?

 

[Guidovdb]

Maybe you better email his manager and make a deal, when your price is not too high they will gladly pay you instead of a lawyer.

I did the same with www.elsiemorais.com which is a belgian r&b star, of course not as famous as Stallone. Her management was friendly, we discussed a price and I even got an autographed pic of her

You better don't start threatening or making troubles, he always will have the better lawyers.

 

[vanesaa]

Really Guidovdb?It is the first time to hear a story like this.I always thought that you are in big troubles when you actually "cybersquat".Hmm...Crazy thoughts into my head right now...

 

[rb]

The question is, is it allowed if you do it with someone else's whole name? And what rights do they have if you do it?

No, it is not allowed in general if you do it with someone else's whole name.

Celebrities have what is called "the right to publicity" for their name and likeness.

They can take you to arbitration through the UDRP process for cybersquatting on their name and have the name taken from you.

They don't always win, but there are many cases in the UDRP books that the celebrities have won.

 

[NameWolf]

While you can achieve this it would definetly be unethical... I would steer away from troubles such as these...

NW

 

[Guidovdb]

Originally posted by vanesaa
Really Guidovdb?It is the first time to hear a story like this.I always thought that you are in big troubles when you actually "cybersquat".Hmm...Crazy thoughts into my head right now...

Of course you can come in big troubles if you ask too much or if you make it look like a threat. When you stay friendly and reasonable the worst case scenario is that you turn over the domain name for free. I guess most of the time they won't make a problem of donating something. I never tried it with big international stars.

So better always take names of friendly stars. :hehe:

 

[Tippy]

If someone regged my full name and then had the nerve to try and sell it to me I would sue them hands down, no matter what the cost was.

If I was Stallone I'd probubly hop in my Heli and pay you a not so friendly visit, a 1000 dozen egg drop on your home ought to do the trick lol

Mike

 

[Blackpanther]

if you get permission from them then you will be fine but without it is cybersquatting..

I read in the paper not long a go of a kid who asked a footy player if he could reg his name for a fan club.. he agreed.. he was in the paper cause he is set to make $$$$ from that name now..

 

[Anthony]

Originally posted by Tippy
If someone regged my full name and then had the nerve to try and sell it to me I would sue them hands down, no matter what the cost was.

If I was Stallone I'd probubly hop in my Heli and pay you a not so friendly visit, a 1000 dozen egg drop on your home ought to do the trick lol

Mike

A 1000 aerial egg drop... sounds like a good scene for Sly's next action movie!

 

[jstep]

lmao

 

[jroy]

he should do it on holloween