FavourB
Established Member
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Will I be sued if I buy a celebrity domain name?
the heir might came along with a lawyer LOL
Will I be sued if I buy a celebrity domain name?
A trademark is whatever mark (name, slogan, logo, etc) an individual or company uses in commerce (even if it isn't "officially" registered). So "Madonna" would actually be more legitimate a trademark than whatever her real name is (although she likely could easily argue and justify she uses her real name in business as well as she likely doesn't open bank accounts and sign business deals as just "Madonna".Related to this discussion: What if someone owns the name of an artist's made up name(alias)?
Maybe with local celebrities it won't be a great issue like international
Some might want to buy
???
as they are poor
and can't take care of themselves? ...
For selling
If these celebs can be over paid kicking football, they shouldn't be mad at me trying to get over paid kicking their assSome people do get rewarded, it all comes down to risk, can you afford not a UDRP but a celebrity who wants to make an example and go after you under the ACPA and get the name and $100,000?
NoI guess I' rather ask the celeb to donate
a nice sum to a charity
in order to get the domain for free
So much for charity.I guess I' rather ask the celeb to donate
a nice sum to a charity
in order to get the domain for free
A not for profit fan site usually gets away with it.
It's ok if she/he is dead.
Thanks for the detailed reply. Appreciate it.A trademark is whatever mark (name, slogan, logo, etc) an individual or company uses in commerce (even if it isn't "officially" registered). So "Madonna" would actually be more legitimate a trademark than whatever her real name is (although she likely could easily argue and justify she uses her real name in business as well as she likely doesn't open bank accounts and sign business deals as just "Madonna".
That said .. Madonna and Prince are generic enough to safely use in any other trademark class that they do not operate in. So if you wanted to open a construction company called Prince or Madonna, then you wouldn't have any problems.
Trademark infringement is based on how you USE and PROFIT FROM the term (or in our case the domain).
Essentially if you use the domain in a way that *COULD* mislead someone into thinking you are or are associated with the legitimate trademark holder, then you are in violation of infringing said trademark the moment you make $0.01 (I'm not a lawyer, but I don't think there is any fine print that can save you).
Also .. I'd like @jberryhill to confirm, but I'm quite sure that even if you don't make money, if the trademark holder can convince a judge that you are costing them revenue in almost any way then you would be found to be infringing on the trademark as well if if you never made a cent.
At the end of the day, if you buy a domain because you think it has value based on someone else or an existing company then you are infringing on their trademark unless you genuinely want to create a hobby fan site or a review site ... but even then it's a very very thin line between that and trademark infringement.
A very short time into domaining I came to the personal belief that, in general, single names are generic enough to justify holding (as long as you obviously aren't associating it in any way with any one person or company) .. however .. I feel holding most full names (first plus last name combinations) are almost always just wrong ... and I'm not even talking legally, but morally .. it is very hard to argue that it isn't cyber squatting unless it's a dead person.
(Just to be clear .. it's also morally wrong to kill someone just to be in the clear for holding their domain name)