somebodysname.com ???

[whyme953]

hi all,

this was probably discussed many times but i couldnt find it so here goes...

i just reg'd a domain name, the name of a very prominant public figure .com, this is somebody who's in the news all the time these days.
i just wanted to know what kind of trouble i can get myself into.

what i would like to do with this name is to make a site which bashes his policies and promotes opposition to his policies. (he's a leader of a country)

my question basically is: what the worst that can happen to me? can he do anything other than shut me down?

i doubt it makes a differance but its his nickname, not legal name that we're talking about.

thanks for any help

 

[Dave_Z]

my question basically is: what the worst that can happen to me? can he do anything other than shut me down?

http://gigalaw.com/articles/2002-all/hollander-2002-05-all.html

a registrant found to be a cybersquatter under the ACPA is liable for damages to the trademark owner equal to either statutory damages up to $100,000 per domain name, or actual damages and profits, as well as court costs and attorneys' fees, at their election and at the court's discretion.

 

[whyme953]

http://gigalaw.com/articles/2002-all/hollander-2002-05-all.html

thanks for the link, that's exactly the information i was looking for (now i just need to hire a lawyer to figure out what that means )

so it seems from the following that i am alright as long as i dont try to sell the name for profit.

http://gigalaw.com/library/anticybersquattingact-1999-11-29-p3.html (emphasis mine)

(b) CYBERPIRACY PROTECTIONS FOR INDIVIDUALS -

(1) IN GENERAL -

(A) CIVIL LIABILITY- Any person who registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, with the specific intent to profit from such name by selling the domain name for financial gain to that person or any third party, shall be liable in a civil action by such person.

(B) EXCEPTION- A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under this paragraph if such name is used in, affiliated with, or related to a work of authorship protected under title 17, United States Code, including a work made for hire as defined in section 101 of title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and such registration is not prohibited by a contract between the registrant and the named person. The exception under this subparagraph shall apply only to a civil action brought under paragraph (1) and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other provision of Federal or State law.

(2) REMEDIES- In any civil action brought under paragraph (1), a court may award injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the plaintiff. The court may also, in its discretion, award costs and attorneys fees to the prevailing party.

(3) DEFINITION- In this subsection, the term 'domain name' has the meaning given that term in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127).

(4) EFFECTIVE DATE- This subsection shall apply to domain names registered on or after the date of the enactment of this Act.

judging by (B) EXCEPTION it seems that worst case scenario all i need to do is write an article about said individual and use the website to promote it and i should be fine. (i obviously have to look at title 17, united states code to see what that covers)

am i way off base here or am i making sense? (or am i making sense in theory but there is already a precedent otherwise?)

 

[Lyn]

Do you need the pain

Hey, It's only a nick name so go for it, but be prepared for the pain.

If you talking of a country head, this normally means they have the money to silence you in the courts.

Why not use other relevant forums to dump your garbage on them or whatever your beef is.

Lyn

 

[shanee86]

Yes it sounds like you are taking about bush. And I am not sure I would mess with that. Because if you say the wrong thing like something about his death you could in up in prison. I really dont think you will get into trouble if you don't do something were you threaten him or something. But like they said he is very powerful because money=power so he can do almost anything he wants keep that in mind.