FamilyGuy.ws

[riffmaster18]

With the upcoming re-release of the Family Guy series, there will be a lot of buzz about the series. (it's the only show to ever come back on the air due to outstanding dvd sales).

So...being a huge fan, I just bought the remaining general extension family guy name...familyguy.ws. I thought it would be cool to start a forum or a portal of some kind (I have TONS of ideas for topics and forums, etc). No other extension (familyguy.x) has a site besides familyguy.com, which forwards directly to fox.com.

As I was ready to buy some hosting, the trademark issue crossed my mind. Now the question in my head is whether it is a trademark issue if I develop this site...or if it's okay because it's just a fansite.
Any thoughts on this?

Thanks,
Nick

P.S.
If that issue is resolved, I may begin to look for one person to work on the site with me, preferrably someone well-versed in php. I can come up with ideas and content endlessly, but struggle in design and programming. If I can't find a good person to work with me, I might consider selling the name...but I'd rather develop it.

 

[Tippy]

I cant see you getting into any trouble if its developed into a Fan site as you mentioned, but you never know what they will do, some Companies are just very picky as to whether or not they allow their TM to be used in this manner.

I guess the only way to find out is get your Forum up and see if they come knocking on your door.

Good luck,

Mike

 

[riffmaster18]

Yeah I might as well go for it...

Thanks for the tip.

 

[RJ]

There will always be a trademark issue, because 'Family Guy' is a trademark. Fox can file a domain dispute against you at any time if they so desired and have a decent chance of winning.

That being said, don't be discouraged. It's unlikely they would pursue you in that way unless you unfairly tried to confuse visitors or tried to sell the domain name to them or others. Building a fan site is an excellent purpose for the name and one the trademark holder might not mind. Plus, being a .WS its possible you're not even on their "radar".

UDRP dispute decisions have not been completely consistent in regards to fan sites being a legitimate purpose for a domain name. I have personally defended a domain name at UDRP when a case was filed against my fan site. I see some weaker cases though that have gone the other way.

My personal, non-lawyer opinion is that you would be fine using that domain for a fan site and I wish you the best.

 

[Mark]

It does seem Fan Sites (as long as They are Public/Family Friendly) Are not bothered as much.
Name of actual products etc... are the Usual ones Busted (messed up on this myself recently - rushed in looking at links / didn't check TM).

 

[cyberserf]

well, there's a trademark, sure, but being a fan site--if done properly--and being a .ws, I'd be surprised if you heard anything of a negative nature at all.

 

[riffmaster18]

Yeah...and I figure if they pulled a lawsuit over something that gave them a little more publicity for the re-release, it would be pretty stupid.

Anyway, thank you all for the info and advice. The site is on its way! If you're a fan, come check it out and give me some suggestions...it should be ready by Monday.

 

[Raf]

Before anything actually happens, they would probably e-mail you to either forfeit the domain or else legal action can be taken. I don't see much harm in making a fan-site really.

 

[xclusive]

Go for it and if you are emailed about it just tell them you will keep it family friendly and you will even post a direct link to them on your home page. It should work if not you will get your reg fee back and it's on to the next project.

 

[riffmaster18]

Well...I decided to take everyone's advice yesterday, and the site is already live!

If you're a fan of the show, please support me

I also made forums for Simpsons, Futurama, CN Adult Swim shows, South Park, etc

familyguy.ws

 

[Anthony]

Good luck with your site, but I'd be careful, especially due to the prior action taken by Fox against The Simpsons' fan sites:

http://www.geocities.com/spookyweb/Yahoo1-article.htm
(Link to CNET article archived on a Geocities site)

Fox pounces on TV fan Web sites
By Patricia Jacobus
Staff Writer,CNET News.com

On the popular TV show "The X-Files," FBI special agents Dana Scully and Fox Mulder crack the bizarre and paranormal cases other agents can't handle.

On the Internet, it's the show's fans who are up against powerful forces, trying to get through to 20th Century Fox executives who want to clamp down on Web sites devoted to TV characters.

The Web serves as a venue through which enthusiastic fans can share their passion for a particular TV show. But the way Fox network executives see it, some sites go too far and may infringe on copyrighted work.

In a statement, Fox said it "appreciates" fan sites but "requests that sites using Fox's copyrighted and trademarked materials comply with guidelines that protect the creative integrity of the series."

Fans counter that they're giving free publicity to the networks and their shows and therefore should be protected from criticism.

Fox executives could not immediately be reached for comment.

The ongoing dispute underscores the delicate balance between protecting the legal rights of the creators and welcoming people who help promote the show with a click of the mouse.

What happened was FOX's legal department swept in and closed down many Simpsons' fan sites because they included graphics of the show, etc.

Also see this article:
http://www.eonline.com/News/Items/0,1,1131,00.html
about a band's crackdown on fan sites, that mentions
"a move reminiscent of Fox's attack on Millennium, X-Files, Simpsons and Star Wars pages"
and
http://www.eonline.com/News/Items/0,1,379,00.html
which is an article about FOX's attack against another one of it's shows fan sites (circa 1996).

 

[riffmaster18]

Nice info, thank you

 

[Tippy]

I would have stuck to the "Family Guy" as the name implies... and after seeing/reading Anthonys post, even more the reason to do so.

Mike

 

[riffmaster18]

The think the big issue is using images and sound. Since my site is just a forum, it wouldn't really lose anything if we were forced to remove images...in fact, I'm a cartoonist and wouldn't have much problem replacing the images (not exactly, but pretty close).

 

[aww]

I wish you well, but Fox got a trademark on Family Guy back in 2000. They would not even have to go to WIPO to get the domain if they decide they want it (since you are in USA).

Also, their legal team are a bunch of pitbulls.... remember if they do email you - do NOT reply. Get a lawyer or at least trained legal advice, they can use anything you email against you.