Name names issues

[drifta]

ok whats the legalitys of owning a name name such as billgates.com ?


Can he sue you?

If he went to court could you pleed saying you just registered it for a billing gateway site? or something simaler?


But obviously not someone as famous thats just an example

There seems to be no trademarks on names

 

[bethytk]

Great topic, I am interested in hearing some answers to this one as well.

 

[Jeff]

Whoa!!
There is too much here to accurately give you an appropriate answer regarding this, specifically, IMHO. But I shall give you MY best GENERAL two cents ... well, because that's what I'm paid to do. LOL. :D Not really, I love you guys.
Owning a "celebrity" name is tricky business, IMHO. The name CAN be a TM. An owner MAY do something to establish "bad faith". What's on the site deeply matters ... in other words, if you owned BillGates.com (where's Gregr) and commercially sold Mac's on the site, that would NOT help your cause, IMHO. Generally, a parody site, or fan sites CAN be protected by the rights of freedom of expression. An UDRP can be filed, and you CAN be sued ... but whether you lose the UDRP (as the respondent) or are successful in the suit (as the defendant) largely depends on your actions while enjoying the right to use the domain. These are best handled on a case by case basis by a competent attorney in the subject of TM and Internet Law. Final note, advertising your domain "For Sale", and/or seeking Appraisals COULD hurt your case in an UDRP proceeding, IMHO.
Let me be VERY CLEAR ... I ain't no attorney.
We are also discussing the addition of an expanded "Legal Issues" Forum here at #1 Namepros, as well, and I will keep you posted.
Hope that helps.

 

[Jeff]

Also:

http://www.icann.org/udrp/ (UDRP)

http://www.uspto.gov (Trademarks)

 

[DNQuest.com]

Coolhost is completely correct in saying that it depends on how you use your domain. names are not TMed, but public figures can protect thier image (hence, thier livelyhood).

DO NOT:
Offer for sale
Sell any merchandise unless you get written permission for the person (or representative) directly in writing.
Cold call the person (or representative) offering to sell the domain.
redirect to a competitor site or services
redirect to a porn site (instant loss)
Offer to sell the first time you are contacted by the person (or representative).
Show the name on a message or BB inregards to price or opinions.

You should:
Put up a fansite and keep it relatively up to date. Shows you are serious.
State it is an unofficial site
show links of other sites relative to that person.

You could: (not recommended)
Put up a parady site
As an opposition site (make sure your facts are extrremmely accurate)


If you have a domain of a famous person and your intention is to sell it eventually, then be very careful. maintain you are a fan and you can prove it by teh site you put up. Let them know the trouble you went through (expenses and time) to put up a site for that person. I have several names which I do have fansites up. I even received a C+D almost 2 years ago. It is a .com of one of the best players of all time in his sport. I responded and they had no case. I still have the name.

Always proceed with caution when palying this game. I am not a lawyer but I have researched this because I am playing this game.

 

[Jeff]

Nice post, DNQ!
Thanks for sharing here with the "community".

 

[nascar1]

We are sending out our first C&D letter today.

Feels good to be the sender for a change instead of the receiver

 

[RajanUrs]

is there only one bill gates in the whole world?

its so easy to legally change ones name....at least in my country india [maybe costs about $50 at the most]

 

[xxlauren]

it's not like bill gates is going to come to your website and sure you for it XD (little humour)