Local band domain bought against bands will.

[P10n33R]

A few of my friends are in a band. This band has a name that everyone knows them by, which is also then name they use (no way!). A person who runs a local forum is asked what the bands web address is. The said person then buys the domain for the band, the domain he bought is www.papershaker.com, they approach him asking him what is going on. He says to a member of the band that he wants a certain amount of money per month for them to use it.

Did he do anything illegal?

Do my friends have any way to go around him to get the domain into their possession?

 

[AdoptableDomains]

Personally I think you would still need to show he is acting in bad faith. Saying that the guy offered to rent it to you isn't good enough you will need proof otherwise it is the band members word against the other party. Try to get solid proof.

I don't think there is much question as to bad faith given the facts stated. The registrant knew of the band and had seen them. He tried to rent or sell it to them directly. It's probably pretty easy to prove in this case he had heard of the band before registering the name, given being in the same locality. I think it would be a slam dunk URDP case. Unfortunately, it costs about $1000 to $1500 to file a UDRP, not counting lawyer fees to file it.

My advice: Send C&D demanding it be turned over while reimbursing actual cost. Be prepared to pay up to $1000 since it's cheaper than UDRP if necessary. If this doesn't work, file UDRP to get the name.

 

[Peter]

yes you could most likely prove that he knows of the band but you cant prove without hard evidence that he bought it to try and sell or rent the domain to them, a 1 on 1 conversation would not stand up anywhere as it would be his word against theirs.

 

[hotrod12]

A few of my friends are in a band. This band has a name that everyone knows them by, which is also then name they use (no way!). A person who runs a local forum is asked what the bands web address is. The said person then buys the domain for the band, the domain he bought is www.papershaker.com, they approach him asking him what is going on. He says to a member of the band that he wants a certain amount of money per month for them to use it.

Did he do anything illegal?

Do my friends have any way to go around him to get the domain into their possession?

I am not a lawyer but wouldn't that be considered blackmail?

 

[Tnmountain]

You can buy my LocalBand.org---

 

[IBuyWebsites]

I am not a lawyer but wouldn't that be considered blackmail?

Not even close. Here is the quote from dictionary.com
"Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information."

Renting out what someone else finds valuable is business. Does he have the right to own this property is a different discussion.

 

[jberryhill]

Without addressing the normal misunderstandings of trademark law evident on this thread, it is perfectly clear that this domain name was registered with the knowledge that the band was conducting performances under this name and that the domain name was registered with an intent to profit from the known value of the name to the band. Under the ACPA and the UDRP, this is a hands-down no-brainer.

Dave Zan's comments about hypothetically registering the domain name without knowledge of the band are irrelevant to the facts as stated - this is not a situation where someone just happened to register a neat-sounding domain name for no particular reason.

 

[PolurNET]

Without addressing the normal misunderstandings of trademark law evident on this thread, it is perfectly clear that this domain name was registered with the knowledge that the band was conducting performances under this name and that the domain name was registered with an intent to profit from the known value of the name to the band. Under the ACPA and the UDRP, this is a hands-down no-brainer.

Dave Zan's comments about hypothetically registering the domain name without knowledge of the band are irrelevant to the facts as stated - this is not a situation where someone just happened to register a neat-sounding domain name for no particular reason.

Just wondering JBerry,

How would one proceed to prove that the squatter had contact and/or knowledge of the band? Would that not be difficult if the person denies it or has some counter-evidence?

Thx

 

[P10n33R]

Without addressing the normal misunderstandings of trademark law evident on this thread, it is perfectly clear that this domain name was registered with the knowledge that the band was conducting performances under this name and that the domain name was registered with an intent to profit from the known value of the name to the band. Under the ACPA and the UDRP, this is a hands-down no-brainer.

Dave Zan's comments about hypothetically registering the domain name without knowledge of the band are irrelevant to the facts as stated - this is not a situation where someone just happened to register a neat-sounding domain name for no particular reason.

Thanks John, your opinion was one I was looking forward to greatly. How should I go about getting this back from the person for my friends?

 

[jberryhill]

How should I go about getting this back from the person for my friends?

By suggesting your friends either learn what they need to know or that they hire competent counsel.

 

[hotrod12]

Not even close. Here is the quote from dictionary.com
"Extortion of money or something else of value from a person by the threat of exposing a criminal act or discreditable information."

Renting out what someone else finds valuable is business. Does he have the right to own this property is a different discussion.

Oh ok. Little bit off lol
:hehe:

 

[armstrong]

How should I go about getting this back from the person for my friends?

I guess you could shame him into voluntarily giving up the domain. But if he flat out refuses, you should face the fact that "getting it back" will cost you something. The options:

- offer him something; could be cash, or be creative like free admission to the group's concerts for the next five years
- hire a lawyer (costs you $XX per hour) to initiate legal proceedings for trademark infringement
- file a UDRP (costs you $1,XXX, plus legal fees if you can't do it yourself)

 

[P10n33R]

I have a lawyer sending him an email and we will see how that goes. Thanks for the help so far guys. Keep all the help coming. I really want to help the band get the domain back.

 

[labrocca]

I wouldn't give the guy a dime. He doesn't deserve it.

 

[Dave_Z]

Dave Zan's comments about hypothetically registering the domain name without knowledge of the band are irrelevant to the facts as stated - this is not a situation where someone just happened to register a neat-sounding domain name for no particular reason.

Actually I was addressing P10n33R's question about how to prove the other
person is in the wrong for having registered the domain in the circumstances
described. But that's only if I understood the question correctly.

If I misunderstood the question P10n33R posted that time, please pardon my
ignorance and I will scratch my head again.