Unusual case - Not sure how to handle this

[Mastermoon]

I am directly related to a famous historical figure, and I am named after him as well. Let's just say my name is Thomas Jefferson (not really, but let's just say).

About 25 years ago, a now very popular consumer goods company (let's just say they make "whiskey") was founded. They named their whiskey after my ancestor, Thomas Jefferson. The founder and owner of Thomas Jefferson Whiskey is of no relation to me or my family. Because Thomas Jefferson is a long-dead famous historical figure, he is in the public domain and cannot be copyrighted. The logo that Thomas Jefferson Whiskey uses can be copyrighted, but the person and the name cannot.

Fast-forward 24 years. A politician, who also happens to be named Thomas Jefferson (no reltation to me or the historical Thomas Jefferson), registers a domain name mayorthomasjefferson.com. He is promptly sent a cease and desist letter from the whiskey company telling him he is not allowed to use his own name (which he had before the whiskey even existed). News of this corporate bullying gets out and creates a huge PR disaster for the whiskey company. They retract the cease and desist letter.

When I found out about this, I promptly registered thomasjeffersonblog.com. I put up a crude picture of myself holding a rival brand of whiskey. It was done out of protest and as a way of taunting the whiskey company. I was genuinely pissed off at their arrogance, their tainting of my family name and I wanted them to try to sue me. I knew they would not, however, as it would result in a PR disaster even bigger than the last one. Imagine them suing an actual decendent of their namesake whiskey! Especially after they have built up their brand image as somehow being connected to the real Jefferson. With less noble motives, I also hoped they would pay me off a large sum of money to go away.

Well, the cease and desist letter never came, nor the offer to buy the domain. It's possible they don't even know it exists, despite my having posted about on relevant blogs.

What should I do with it?


Also, if you have put 2 + 2 together and figured out my name and the 'whiskey' company in question, please keep it to yourself. I don't want thier lawyers coming across this thread.

 

[npcomplete]

Three comments:

1.) Your picture is blurry

2.) Those that go looking for trouble usually find it

3.) This was your first post, so WELCOME to NP!!!

 

[Mastermoon]

1) I spent all of 10 minutes putting this website up

2) I am looking for trouble, so no problem there.

3) Thanks.

The more I think about it, the more I am certain they already know about this site. They are intentionally ignoring me, which is probably smart on their part.

I need to start advertizing stuff on here, getting the traffic up, etc. Then they'll have to act.

 

[Spade]

Quite honestly, dont expect to be paid off. I just dont see it happening.

 

[Michelle]

1)
I need to start advertizing stuff on here, getting the traffic up, etc. Then they'll have to act.

Welcome

Not being rude here but Why are you wasting so much bad energy with this.. Why not put all this energy into making a site which will make you money without damaging others

 

[rjmlar]

Corporate hubris, politics, and a citizen drunk on consumerism. It's such a bore.

 

[Len]

Corporate hubris, politics, and a citizen drunk on consumerism. It's such a bore.

Couldn't have said it better!
Mastermoon, I think you need a shake...... the world doesn't owe you a living because of your name.

 

[TheBulldog]

Bah, bunch of naysayers.

You bought a blog name. Use it, put up a blog.

Blog about your ancestor, blog about what you like.
Blog about cows.
And if you really want to piss them off, blog about how much you hate their whiskey and why.

Aside from that, don't expect a payday, it won't happen. Just have fun with the site.

 

[Mastermoon]

I've spent all of 30 minutes of my life over the past few months pursuing this. You make it sound like this is eating me up inside.

The world doesn't owe me a living because of my name, but I should also be able to use my name how I see fit without threats of legal action. It's fun to jab my finger in their eye. If they want to pay me off, so much the better. I'm willing to sellout my principals for the right price. I'm no saint.

You must admit, this is very interesting from a legal perspective. If they were to sue me, it would be a landmark case in copyright law. I would fight it too.

 

[Len]

Well it's one thing if you are innocently using a domain and you suddenly get a C&D out of the blue but in this case you are purposely trying to provoke this company into coming after you.
There are probably thousands of people throughout the world that share your name, are they "entitled" as well?
You should think very carefully about this as it could end up costing you a lot more than you envisage. Litigation does not come cheap!

 

[npcomplete]

1) I spent all of 10 minutes putting this website up

2) I am looking for trouble, so no problem there.

3) Thanks.

The more I think about it, the more I am certain they already know about this site. They are intentionally ignoring me, which is probably smart on their part.

I need to start advertizing stuff on here, getting the traffic up, etc. Then they'll have to act.

Parody is protected speech, as are sites like "somethingsucks.com" as long as they do not generate revenue. Once you start making money off of the domain things will change. Right now you are holding up a bottle of the competing "whiskey" without ads. If your goal is to make trouble (which you state as your goal in bullet 2), then you could be much more effective in achieving that goal by advertising a competing product for $$$. That would probably get the corporate lawyer's attention, and make UDRP action much more likely to succeed. Right now it just looks like protected speech.

 

[Hurley4540]

Good luck.

 

[DomainTalker]

Mastermoon....Love your feisty spirit...

...And, npcomplete....your first post was great - and right, imo....

TheBulldog....prob the way to go...


Mastermoon....Confucius say: 'He that poke big guy in eye got balls where brain belong...'

.

 

[Dave_Z]

You must admit, this is very interesting from a legal perspective.

Maybe to you and those not completely familiar with it, but not to those who
actually keep track of these things. Yours isn't new, either.

Good luck with the venture.

 

[Mastermoon]

Yes, I like Bulldog's idea. I might start an actual anti-Thomas Jefferson Whiskey blog. No adverts.

To Dave Zan - I am aware of McDonald's going after people named McDonald who have "McDonald" restaurants that pre-date the actual Micky-Ds. I believe McDonalds Corp was actually successful in those lawsuits-- which is complete bullshit. A miscarriage of justice.

I think my case is a little bit different than their's. I have a much stronger argument on my side.

It's probably a moot point anyway, as Thomas Jefferson Whiskey would never want to sue me for reasons explained above. There is a chance that they would win, but it would be a phyric victory. Their image and reputation would be destroyed.

"Confucius say: 'He that poke big guy in eye got balls where brain belong"--

That's probably the same sentiment many felt towards "Thomas Jefferson" at the time he was pissing off the British. Corporate Monoliths are the new oppressors.

Of course, I don't claim to inhabit the same moral high road my ancestor did, although I'm pretty sure he would approve of my actions.

Incidentally,

I wonder if the makers of Shakespeare Stout beer would have a legal case against Shakespeare Fishing Tackle : http://www.shakespeare-fishing.com/?

Or if Van Gogh Vodka (www.vangoghvodka.com) could sue the furniture maker vangoghdesigns.com? Or even the Atlanta-based rock band Van Gogh? (vangoghmusic.com)

I should think the decendents of Shakespeare and Van Gogh (should they still exist) should have the ultimate say on how their names are used.

 

[Michael]

Light beer is for poofsters

I think they learned their lesson the first time, I don't see them losing any sleep over this... much less paying you a dime to take it down.

Welcome to NP :tu:

 

[Mastermoon]

I took Bulldog's advice and started an anti-Thomas Jefferson whiskey blog. My blog is even getting air-play on the radio station that broke the controversy. Nice.

 

[Steven]

I don't know why you want to risk any lawsuit.
Did you know that Nissan.com owner (it's the actual last name of the owner) has been forced to fight Nissa Motors through court to maintain the ownership for years? He spent around $2.5 million dollars through court costs.
Sure you can fight the big corporation, but it will cost you.

 

[Corey]

g'day Mastermoon and welcome

I'm not sure if you realise that postings do end up on search engines...

Cheers
Corey

 

[rjmlar]

I'm not sure if you realise that postings do end up on search engines...

Immediately after, in fact. When I queried one of my domains my NP post was at the top of the list the next day.

I took Bulldog's advice and started an anti-Thomas Jefferson whiskey blog. My blog is even getting air-play on the radio station that broke the controversy. Nice.

What was it Oscar Wilde said about the "the one thing worse than being talked about is not being talked about"...? You might be doing your corporate adversary a favor. Corporate bully-ism is Facism for pussies so I salute your patriotism. Just be careful.

Are you familiar with ilovejackdaniels.com? It was a blog about web design that was up for years and rarely mentioned booze. Until the whiskey maker decided enough is enough.