MLB trademarks in fansite domain names

[Rob J]

I'm building an MLB team fansite which will initially have discussion forums and perhaps news and eventually blogs. I have seen other fansites taken down first hand, and have read about several others, because of trademark issues, and I want to avoid this myself so I am seeking opinions/advice.

Since it seems that intent does have some sway in the legality of this, I'll make a point that I am a lifelong fan of this team, and am embarking on this project truly as a fan and not a domaineer or marketeer. I have no intent to run ads or profit from the site in any way.

I'm not going to say specifically which team or domain it is, but I was able to snag the .net version of the official website domain (so for instance, if nyyankees.com is the official yankees site, I would have nyyankees.net). I am afraid this may be my biggest problem.

I have tried to find an official fansite policy for the MLB to no avail, I can't even find a mention of fansites much less guidelines or policy on the official MLB site. The few quotes I've found from MLB representatives regarding the issue seem to vaguely hint that they are fine with fansites, as long as official logos and trademarks are not used and the site is non-profit/non-commercial.

I found this document: Overview of Internet Domain Name Law, which seems to indicate that fansites are fine, even with a trademark in the domain name, as long as they are made in good faith non-commercial or fair use.

I think my biggest worry is that my domain name may be considered confusing or misleading, and even if I can determine that I am in the right to use it, the MLB certainly could choose to overpower my right with brute lawyer force.

 

[enlytend]

they are fine with fansites, as long as official logos and trademarks are not used and the site is non-profit/non-commercial.

Generally, this is true. Also, a disclaimer that you are an independent fan site and not associated with the MLB or the team.

BUT I'm not a lawyer,so don't take my word for it . If you have a big project you want to start, why not get a short consult with your own lawyer so you know exactly what you should/shouldn't can/can't do?

 

[Sparhawke]

Any advice I give in this section is invariably wrong but from my experience it has always been that fansites generally get tamer restrictions where open discussion and free marketing for the company happens, some companies even go so far as to officially provide such sites with interviews, graphics and other goodies so long as the proper notices are given. David Boreanaz of Buffy and Bones fame is well aware that someone owns his .com and has a fansite on it...MindArk are fully aware that EntropiaForum exists and even use it as an official channel to bring the players of that game official news.

With that said though I think it is a sticky area where no one can say one thing for sure, some allow it, some encourage it and some go feral and start screaming for their lawyers.

Moral of the story is tread lightly and be aware that the company may one day decide that it simply wants to acquire the name regardless, this is why it is always better to have generics unless you have specifically sought and gained their express consent when in doubt :p