To be released MOVIE name domain and Trademark issues

[alistair80]

hey there,

I own some movie name domains (moviename.com and movienamemovie.com). The movies are in the development phase and the release dates have not yet been announced.

Can I legally "sell" those domains? I want to know in the event the production company wants the domain, can it "negotiate" or do I just have to give it to them?

Any feedback appreciated

 

[El Bandolero]

The movie company could come after you and sue you. Best thing to do is to drop them before you get into any legal trouble with them.

 

[alistair80]

The movie company could come after you and sue you. Best thing to do is to drop them before you get into any legal trouble with them.

But as long as the domain is registered prior to the movie company acquiring trademark, they just cant come after me with a court order for having owned the domain...(?)

 

[biznews]

Get a lawyer. What makes you think folks here have legal grasp of your situation?

 

[exsedo]

From the info you have given, it seems that you have registered the names in bad faith, knowing that the names will, in the near future, be trademarked. Technically, what you are asking breaches the intellectual property laws. The original registrant can be held accountable in any future action, if he sells the domain on.

 

[Domagon]

Legally copyrighting a movie title often isn't possible. And trademarking a movie title involves jumping through a few hoops.

Cinema Law: What’s In a Title? | MovieMaker Magazine

UDRP challenge would be an uphill climb. A lawsuit likely wouldn't fare any better - plus, often a route they'll avoid due to time constraints / promotional reasons. Many times a movie title isn't even chosen (or abruptly changed) till near the end of the production process.

In my experience, unless the movie title is already well known in some way, often the movie promoter will attempt to purchase the domain, or simply choose another domain that's available for little to nothing. It's common to see instances in which the promotional domain doesn't correspond to the actual movie title.

Bottom line, in my view, is to discreetly hang on to the domains (do not publicly reveal them, since that may dissuade the promoter from buying them; increases risk of issues) and see what happens. You may be happily surprised.

Ron