domain Please Appraise fallenempires.com

[squarerootcomputers]

Please appraise this web site... as for a gaming site (used to run a trade wars server there). There have been numerous video games including the name "fallen empires" too

 

[Sparhawke]

I think you are going to run into issues with the TM holders of Magic: The Gathering on this, generally fansites for games are allowed and even supported by the official publishers in some cases like Blizzard and Jagex who both support their bigger fansites, but taking an exact name is a big no no.

I would try to get a grace delete or figure out a way that is not infringing on a trademark if that is possible.

 

[squarerootcomputers]

First let me say thanks for your response. But I mean seriously, what are you saying? Are you telling me that they own my domain name, even though they haven't bought it? Are you saying its illegal for me to own this domain?

I understand that if I were to publish a video game name I might have to check with certain institutions on copyright law for exact naming of the game. But the idea that my owning this domain name is illegal or in copy right violation is not correct. If you believe it is so please send me more information on where you are getting this 'eminent domain' law. I have never heard of this. In fact I thought the rush "steal" another company's domain name was fueled by the very possibility that you seem to be saying is illegal for me to do. Hits, clicks, subverting users from the popular site, etc...

However it does seem to indicate that it is a good domain for me to own, since it triggered this response from you. Obviously you've heard of it.

It seems to me that if someone were to publish a web based browser game, etc, with this domain that they could name their game whatever they wanted and still use this domain. Incorrect?

Possible Game Name: www.Fallenmpires.com (probably nobody has THAT copyrighted, yes?)
Possible Game Name: "Fallen Empires Forgotten Lands"... or something

BTW Magic the Gathering definitely wasn't the first to use this in game name

Best
Justin

 

[Sparhawke]

I am not saying they own the domain simply because of their product, ebay does not have a right to own every single domain that may have "ebay" in it in whatever context...but a case could be made to say you have purposely taken the name of a famous game in order to get visitors to your site.

I am not saying this simply to be a meanie, on this point it is an awkward one because the title does seem to find usage a lot in games with many different ones taking the claim as you say. But I knew I had seen it before in the Magic series and again with Legion before they changed to that name from F.E.

What you need here is someone who is far more familiar with the law than some layman like me...I only understand TM law in the most basic sense in that it is not a good idea to take a name and use it in the same niche as the holder...however with working titles episode names (to lack a better term) rather than something solid like Guild Wars you are getting into muddy waters.

You are directly wanting to get into the video games niche, this is the issue that you are going to have to argue. Will a board of judges understand enough about what it is in a future time to be able to make the distinction between legacy game name and series game name?

"Star Trek" is a legacy name, the one at the root of the tree so this is very easy to defend. Would the Season 1 of TNG episode of "Code of Honor" be as easy to defend if someone just wanted to make a television show site based on that name?