My domain is OK right?

Discussion in 'Legal Issues' started by hpmcmill, Jun 21, 2010.

  1. #1
    GagaFans.com

    The domain doesn't say "Lady Gaga" and the word "gaga" has been around long before Lady Gaga came around, so what do you guys think?

    Thanks.
     
    hpmcmill, Jun 21, 2010 IP
  2. falguni1

    falguni1 Peon

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    #2
    good I like it.
     
    falguni1, Jun 21, 2010 IP
  3. hpmcmill

    hpmcmill Peon

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    #3
    Thanks for the input. :) I just don't want to run into any legality issues along the way. :/
     
    hpmcmill, Jun 21, 2010 IP
  4. instant87

    instant87 Active Member

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    #4
    Unless a name of a person is trademarked (99% of the time it isn't), then you're fine, even if it was "LadyGagaFans.com".
     
    instant87, Jun 21, 2010 IP
  5. attorney jaffe

    attorney jaffe Member

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    #5
    This statement gives me heartburn. Please, the issue is far more complicated than this post makes it seem. Do not relay on this statement taken out of context.
     
    attorney jaffe, Jun 21, 2010 IP
  6. hpmcmill

    hpmcmill Peon

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    #6
    What is your opinion about the legality of my domain, Andrew?
     
    hpmcmill, Jun 21, 2010 IP
  7. lifetroop

    lifetroop Peon

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    #7
    Well go into some research, maybe contact your local copyright office and see if that is a registered trademark.
     
    lifetroop, Jun 21, 2010 IP
  8. hpmcmill

    hpmcmill Peon

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    #8
    And if it isn't am I good to go? Or is much more complicated than that?
     
    hpmcmill, Jun 21, 2010 IP
  9. lifetroop

    lifetroop Peon

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    #9
    Well according to the law it should be yes. (may be a little more complex)
    Good Luck!
     
    lifetroop, Jun 21, 2010 IP
  10. attorney jaffe

    attorney jaffe Member

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    #10
    My immediate impression was that gagafans.com was clever, and MIGHT even pass the smell test.

    However, domain names and trademarks are a very complicated legal issue as the many posts on the subject in this forum will attest. There is no 10 word answer to any of these questions. They are situational and fact based.

    Further, the courts in the U.S. have been nearly unanimous in protecting the rights of trademark holders to associated domain names. While the domain name does not say "ladygaga" would anyone doubt that the domain name gagafans is trying to profit from ladygaga's brand name? Further, courts do not just look at the domain name, they also look to the total use of the domain name (i.e. the site.)

    What is the site going to look like? What is its purpose? Are you profiting from LadyGaga's brandname? Are you using her brand name on the site? All of these questions bring up other legal questions that need to be addressed.

    As I said, this is a complicated issue and I suggest you seek legal counsel concerning your total use of the domain name.
     
    attorney jaffe, Jun 21, 2010 IP
  11. hpmcmill

    hpmcmill Peon

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    #11
    Thank you for your input.
     
    hpmcmill, Jun 21, 2010 IP
  12. lifetroop

    lifetroop Peon

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    #12
    No Problem ;)
     
    lifetroop, Jun 21, 2010 IP
  13. Astroman

    Astroman Well-Known Member

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    #13
    I think most of the time if you make a fan site, even with someone's name attached, you'll br okay so long as you're very strict about the content. I.e. don't say, or let anyone else say, bad things, especially libelous comments about them. Fans don't dis their idols, so fan sites shouldn't either or they wouldn't be 'fan' sites. Also don't steal other people's text and photos to put on there (putting silly disclosures about unintentional use of copyrighted material won't help).

    Basically if you're making the subject look good they are likely to mind, and in some cases they might be pleased and contact you if you're lucky.

    The above only applies to full-on bone fide fan sites though, not hastily built five page smutty image galleries with a bit of rewiritten wikipedia text ads everywhere.
     
    Astroman, Jun 21, 2010 IP
  14. jezzz

    jezzz Notable Member

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    #14
    I agree with the point! you should go with LadyGagaFans.com it makes more sense!
     
    jezzz, Jun 21, 2010 IP
  15. instant87

    instant87 Active Member

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    #15
    The domain is "gagafans.com", which most likely would be used as a fan page (hence why it has "fans" in the domain). The domain wouldn't be negatively portraying Lady GaGa, therefore it is not defamation. The OP wanted advice from an internet community, and I gave advice based on prior experience. If they wanted a definite legal answer, then the OP should hire a lawyer.
     
    instant87, Jun 21, 2010 IP
  16. mjewel

    mjewel Prominent Member

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    #16
    Who posted anything about "defamation"? The issue here is trademark infringement - and it depends on the actual site content and whether or not it is a commercial site (runs ads, charges for membership, etc). Practically speaking, it is going to depend on whether or not the artist wants the site to remain up. The legal costs to defend an infringement suit puts the vast majority of people at a huge disadvantage. Even those who have a few hundred thousand to throw away by seeing a lawsuit through the court system aren't going to do it to keep a stupid fan site. The biggest problem with "fan" sites is usually the images used on the site. The artist rarely owns the rights to them and using artist images with permission or paying a royalty to the photographer is more than likely is going to cause any legal problems.
     
    mjewel, Jun 21, 2010 IP
  17. instant87

    instant87 Active Member

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    #17
    You're definitely right. It's probably best to just avoid the whole thing together to avoid any confusion.
     
    instant87, Jun 21, 2010 IP
  18. 11114444

    11114444 Peon

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    #18
    The one band to avoid is the Rolling Stones. They will come after after anyone making money off their name.

    I'll bet Lady Gaga would welcome a fan site. I would search around the legal beagle sites if gaga has taken action against anyone on the net.
     
    11114444, Jun 21, 2010 IP
  19. omarabid

    omarabid Well-Known Member

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    #19
    her name is "GAGA", lady isn't a part from her name, then it's better to avoid it
     
    omarabid, Jun 21, 2010 IP
  20. korki4

    korki4 Member

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    #20
    yes the word gaga has been around for some time, actually here in the philippines the word "gaga" is like calling someone "stupid"
     
    korki4, Jun 22, 2010 IP