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?

 

[vip-ip]

If your band name is a trademark, yes.

 

[P10n33R]

But that is like saying I can buy anyones name and just say that I am not in the wrong because they do not have a trademark for their name. Are you sure that is the only way that he is in the wrong?

 

[linker]

I would think that the only way the band would be able to make a claim is if they are a very big, established band that is known world-wide. Then they would have a case... Otherwise I think they may be out of luck...

Now I just checked and the .net is available, I say reg that and forget about that guy and the .com...

Good luck...

 

[P10n33R]

Well the fact is that he told people that it is papershaker.com and directed them to it. Now that it is getting traffic for the band he thinks that he should get money for it.

 

[wisconsin]

I would think that the only way the band would be able to make a claim is if they are a very big, established band that is known world-wide. Then they would have a case... Otherwise I think they may be out of luck...

Now I just checked and the .net is available, I say reg that and forget about that guy and the .com...

Good luck...

The band does not need to be "Big" to claim their name since this "person" clearly reged the name in bad faith and for the sole purpose to sell it or rent it to the band.

The band has to prove they have conducted business under this name, (any establish common law rights, including any sales, concerts performed, receipt, brochures, documents, advertising under this name...etc



You can also try to get the domain by paying a resonable amount not to exeed what may cost you to bring up the dispute before UDRP or WIPO. But first, Send a Threatning legal letter/C&D




Good luck!

 

[labrocca]

What he did was messed up. It is also the fault of the band for being trusting. If they are this gullible they should be careful in the music industry. I know a great entertainment lawyer so if you need him LMK.

A C&D from a lawyer might waken this guy up to what he has done.

You might also want to consider a band rename. That would screw him over too. Usually at the early stage of a band the name can be changed pretty easily.

And if you know this guy personally...I would be wanting to beat his ass down. Consider just changing the name...make sure to register the name asap.

 

[Dave_Z]

But that is like saying I can buy anyones name and just say that I am not in the wrong because they do not have a trademark for their name. Are you sure that is the only way that he is in the wrong?

When registering domain names, the question isn't "who has the only right to
use the name?". The actual question is "who gets the name first?".

On the other hand, there are those who will try to prove they have greater
rights than the current registrant. But how exactly can they prove they have
greater rights?

I could've registered papershaker.com and use it to sell paper shakers before
the band got it. How is the band supposed to prove they have greater rights
than me to use it?

Right now, there are laws governing common law and registered trademarks,
and domain name disputes arising from them. Registered trademarks have far
more benefits not ordinarily bestowed upon common law, but the band can
claim common law if they're somehow able to prove it.

If they're intent on somehow getting that domain name, best they retain a
competent attorney. Other than that, who's to say they have absolute, sole,
and exclusive rights to the domain name?

 

[P10n33R]

Thanks guys, I am currently trying to find a family member or family friend in law, who will right me up a letter to send him. We have proof that the band had the name before he reg'ed the domain. I put on a concert on April 1st, which states their name and I still have tickets left from it. The whois from the domain says April 19th is when the asshole reg'ed it. Any more input will be greatly appreciated.

 

[zaros64]

You might also want to consider a band rename. That would screw him over too. Usually at the early stage of a band the name can be changed pretty easily.

Yah .. thay would probably be a good idea

 

[primacomputer]

It would appear that the name may have been registered in bad faith. I would say that the band has a good chance to win a UDRP, even without a trademark. The problem is this takes a fair amount of money.

Depending on how this all happened you could have other options. You need to get a feel for how this guy is going to react and sort out what exactly happened. If he did just grab it to make a quick buck then write a letter explaining this is wrong and make a reasonable offer for it. Best case scenario he accepts, or perhaps does something really stupid that will get him into trouble. Either way, that would be a good first step.

 

[john2k]

Even if the band doesn't have a trademark, do they have a trade name registration for their business with the local county/township government office? That may help them to get the domain back via local level courts.

Before any of that, though, might just be a lot easier and less expensive for the band to estimate their legal costs if they were to go that route and offer to buy the domain for significantly less... maybe they will get it and skip all the other hassle.

 

[jamminsport16]

greed

 

[Dave_Z]

There are some sample domain C&D letters at the Chilling Effects website.

 

[P10n33R]

There are some sample domain C&D letters at the Chilling Effects website.

Thank you, but as of now I have an entertainment lawyer sending him an email. We will see what happens and I will keep you guys updated

 

[armstrong]

The band should have use of this domain, the registrant being local and all which should bolster the bad faith scenario. If it were me managing this band, I'll think about using this incident to my advantage, such as getting free publicity. Get a local paper to write an article about how the band is getting to be so popular that some bad cybersquatter meanie is trying to steal their name. That will put pressure on the squatter (from his relatives and friends) to give up the .com domain voluntarily, and if the band is on another extension (consider .ca, .net or .info), this PR tactic might actually drive traffic to the official website.

Good luck!

 

[Peter]

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.

 

[traderone]

"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"

I am looking over a book titled "Patent, Copyright, and Trademark 4th edition" by attorneys Stephen Elias & Richard Stim. There is a one page section called "Unfair Competition Laws". Pending typos I will try to quote directly an example they use:

"Example: The name used by Joe's Pizza is very ordinary and not distinctive enough to be considered a trademark. If, however, another business opens up down the street under a "Joe's Pizza" sign, the courts may use unfair competition laws to force the second user to modify the name to distinguish it from the first".

I don't know if this example is exactly pertinent to your situation, and I'm no expert (hence the book), but maybe "Unfair Competition Laws" might be helpfull. In the example above "joe's pizza" opens up down the street. In your original post you claim the person has "a local forum". I'm guessing it is on LOCAL nightlife or LOCAL bands. If so then it would seem pertinent.

Good luck, I hope your friends get their name.

 

[danBoT]

buy the .ca your in canada right so get the .ca its better not to do it that way

 

[Acroplex]

The band should stop all the drinking and partying and get their act together. If they performed gigs without having registered the .com they deserve what's happened.