FavourB
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Will I be sued if I buy a celebrity domain name?
Will I be sued if I buy a celebrity domain name?
A not for profit fan site usually gets away with it.
It's ok if she/he is dead.
the heir might came along with a lawyer LOL
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)?
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)
The number one question here, Why are you buying it, for what purpose? Then a legitimate answer can be offered.
For selling
You mean handreg or buy from someone?Will I be sued if I buy a celebrity domain name?