MSharapova.info - Please Help!

[bbalegere]

I registered the Domain
MSharapova.info
Later I realized it was TradeMark domain.
So is it legal for me auction the domain here for NP$?
I desperately want some cash.
Regards
BBalegere

 

[aotgroup]

i think someone wil take it off your hands and develop it as a fan site. I am sure you are allowed to do this, anyone else?

 

[bbalegere]

I hope so.
I want to auction it.
Can somebody please clarify whether it is legal?

 

[HQHost.net]

Who said you that domain is Trade Mark domain?

 

[bbalegere]

Well somebody in the Appraisal forum said it was TM.
So... it is not a TM?Is it legal for me to auction it?

 

[RegFee]

Here's a thread on the topic:
http://www.namepros.com/legal-issue...dn-legal.html?highlight=celebrity+trademarked

 

[DNQuest.com]

A celebrity names is their TM... this is an indisputable fact; therefore all TM rules apply. What I find funny is that you did not know it was a TM, then why register it in the first place?? If you register a domain because you know of it from somewhere else and you hope to capitalize on it, that is cybersquatting. (IE- a famous persona name)

 

[Jeffrey]

There are other Sharapovas in this world. I think in my opinion it's just ok to auction it.

 

[Dave_Z]

If the tennis player doesn't find it first.

Damn, she's hot.

 

[IAmAllanShore]

As far as there being other Sharapova's , that's great, but the question is whether or not folks looking for MSharapova are going to be confused, and if the registrant had some legitimate in registering the domain. There are plenty of "Michael Jordan's" in the world, but that doesn't mean I have carte blanche to register any michaeljordan.___

If the tennis player doesn't find it first.

Don't know that it's even good enough for her to care

Damn, she's hot.

</understatement> :tu:


-Allan :gl:

 

[rrsae]

There are plenty of "Michael Jordan's" in the world, but that doesn't mean I have carte blanche to register any michaeljordan.___

hmmm...that is wrong IMO, so if my name was michael jordan i couldnt reg www.michaeljordan.ext only because i would have been unlucky enough to be contemporary with the NBA™ star ?

 

[NeeJam]

hmmm...that is wrong IMO, so if my name was michael jordan i couldnt reg www.michaeljordan.ext only because i would have been unlucky enough to be contemporary with the NBA™ star ?

If its your name as well then there is no real problem

 

[Dave_Z]

hmmm...that is wrong IMO, so if my name was michael jordan i couldnt reg www.michaeljordan.ext only because i would have been unlucky enough to be contemporary with the NBA™ star ?

Nothing's stopping you from registering michaeljordan.[ext], aside from whatever
conditions the ext Registry's placed. But there are certain applicable laws (e.g.
trademark) that can limit your intended usage.

You can still register that and create a blog detailing your life's experiences. But
expect trouble if your site displays any basketball-related commercial links.

 

[IAmAllanShore]

hmmm...that is wrong IMO, so if my name was michael jordan i couldnt reg www.michaeljordan.ext only because i would have been unlucky enough to be contemporary with the NBA™ star ?

Well you've introduced a new element that was not being discussed in the OP's question, as I assume the OP's name is not "MSharapova".

So, on that level alone, your point is misapplied (Decent Straw-Man attempt, however.).

Secondly, you still do not have free reign to register and do with what you want a site that shares a common name and is likely to be confusingly similar to that of the celebrity. As Dave mentioned, you CAN register whatever you want, such as ThisIsMicrosoftsOfficialWebsiteRightHere.com , but that doesn't mean you wouldn't be in trouble through UDRP or ACPA.

So let's view it from the UDRP aspect:
1) Complainant has TM rights (Yes in either scenario)
2) Respondent has no legitimate interest (Debatable in either scenario, more likely to have legitimate interest if it is your name, of cours )
3) Registered and being used in bad faith (Could be true in either scenario - having the same name does not mean that you can't exhibit bad faith.)

Anyhow, so it's not, "not true" - by any stretch of the imagination.

-Allan