Using a TM domain legitimately

[spikedo]

Let's say I own bugsbunny.com. Now Warner Bros. could come after me for the domain and be within its right to take it away. Could I prevent that if I developed, for example, a bugs bunny fan site? What components would I need to fulfill the requirement of a fan site (e.g., forum, guestbook, etc.)?

 

[spikedo]

What is a fan site?

Well, this brings me back to one of my original questions: What constitutes a fan site? Is it just a forum?

 

[True_Snake]

Well, this brings me back to one of my original questions: What constitutes a fan site? Is it just a forum?

I would guess so. A forum, guestbook, and a casual site IMO.


True_Snake

 

[DNQuest.com]

Sorry I got to this late. The general parameters for a fansite...

#1 - disclaimer stating it s an unofficial site
#2 - No selling (includes merchandise, subscriptions, etc..)
#3 - No links to competitors
#4 - No excessive banner ads (could conceivabley be argued that you are making money from the banner ads)
#5 - Do not have a for sale sign on it
#6 - Do not offer the domain to the TM holder
#7 - Update the site every once in a while (so it isn't completely static. "He did nothing to the site, not a true fan)
#8 - Absolutely no porn

These are what I would concider main points to have a legit fan site. I am not a lawyer, but I tend to use common sense. I fought off a team of LA lawyers against one fan site I have.

 

[spikedo]

Decisions, decisions...

#2 - No selling (includes merchandise, subscriptions, etc..)

Man, that's what I wanted to do primarily - sell merchandise. Crap. I'm not sure what to do now. It's a good domain name and I hate to lose or get rid of it. But, on the other hand, I don't want to go to court.

 

[DNQuest.com]

Man, that's what I wanted to do primarily - sell merchandise. Crap. I'm not sure what to do now. It's a good domain name and I hate to lose or get rid of it. But, on the other hand, I don't want to go to court.

I guess we know what we need to do now.... Become a fan :hearts:




We can't have it both ways, you are either a fan or want to infringe on the TM. Sorry.

 

[Nunim]

since its soo worthless ill take it off your hands for regfee :O

 

[RJ]

I wouldn't say that selling products from the site would automatically disqualify you as a fan site. The products would have to be officially licensed though.

A few years ago I was involved in a lawsuit over a fansite that I ran. Part of my site offered an Amazon.com store promoting officially licensed product and a poster selling page, also legal. The judge did not find fault with that.

 

[spikedo]

For Nunim: If you have nothing valuable to contribute to my thread, stay out.

For RJ: You know, I've seen lots of fan sites selling products so I agree with you. I don't think that would be a problem. In fact, for this particular cartoon character, there are other so called "fan" sites that sell merchandise. There are even a few of these who use the character's name as part of the actual domain name, like "bugsbunnyworld.com." Some have been up for years.

It might be worth bouncing this off a domain name lawyer. Can anyone give me a recommendation?

 

[wlspro]

You are trying to force a square peg into a round hole - it won’t work regardless of the wrong legal advice you are getting here.

You have registered a domain name that is a registered trademark of another party. You have done so with the knowledge of the trademark and intend to make commercial use. This is sufficient grounds to deem your activities an infringement on the trademark holder’s rights.

It is really not important what content you put up given your intent. You can put all the disclaimers you want, respect all copyright laws, sell “licensed” products, avoid competing products, place links to licensed resellers, … Without an explicit permission by the trademark holder for you to use its mark as a domain name to make money is prohibited by trademark laws. Any advice by others about ways of covering up or sugar coating the matter is improper and wrong.

You can sell licensed Bugs Bunny merchandise on your store named “Spikedo’s Collectibles” or spikedoscollectibles.com. You cannot sell them in a store named Bugs Bunny Collectibles or bugsbunnycollectibles.com. Inclusion of the registered trademark or the name of a famous person as part of a business entity or a domain name in connection with commercial activities is not permitted. An excuse of a calling it a “fan site” will not help you here.

You can contact jberryhill a member of this forum who is a well respected trademark attorney specializing in this field.

 

[Dave_Z]

The way I see it, you've already been told what people's thoughts and some
real-life experiences are. But ultimately, if you push thru with it, expect to
receive a cease and desist letter demanding you turn over your domain name
or face the consequences.

The fate of your domain name will be judged by a domain dispute provider or
a court if you decide to push your luck. And if you don't have the time and
money to handle those and don't want the misery that comes along with it,
then it's best you don't do what you initially posted your intention here.

Just charge it to experience. Learn from these posts, and move on.

Good luck on your next endeavour.

 

[jstep]

why not contact them?